2015/04/14 City Council Resolution 2015-073RESOLUTION NO. 2015 -073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE ACCEPTANCE BY THE CITY OF FORMER NON - HOUSING
PROPERTIES OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF ROHNERT PARK AND AUTHORIZING EXECUTION OF DOCUMENTS
NECESSARY TO ENSURE CITY HOLDS MARKETABLE TITLE
WHEREAS, in March 2011, the Community Development Commission of the City of
Rohnert Park ( "CDC ") transferred to the City of Rohnert Park ( "City ") the real properties listed
on "Exhibit A ", attached hereto and incorporated herein by this reference ( "Properties "); and
WHEREAS, the California state legislature thereafter enacted Assembly Bills xl 26 and
1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment
agencies formed under the Community Redevelopment Law (Health and Safety Code Section
33000 et seq.); and
WHEREAS, the Dissolution Act, at Health and Safety Code Section 34167.5,
retroactively invalidated transfers of assets by a redevelopment agency after January 1, 2011; and
WHEREAS, the transfer of the Properties from the CDC to the City in 2011 is
consequently invalidated and without legal effect; and
WHEREAS, the Dissolution Act provides that the city, county, or city and county that
authorized the creation of the redevelopment agency shall be the "successor agency" to the
dissolved redevelopment agency unless the city, county, or city and county elects not to serve as
the successor agency under Health and Safety Code Section 34173(d)(1); and
WHEREAS, by adoption of Resolution No. 2012 -10 on January 10, 2012, the City
Council of the City of Rohnert Park (the "City Council ") declared that, effective February 1,
2012: (1) the City, acting in a separate legal capacity and as a separate public entity pursuant to
Health and Safety Code Section 34173(g), would act as successor agency (the "Successor
Agency ") for the CDC; and (2) the City would retain the housing assets and responsibility for
performing housing functions previously performed by the CDC; and
WHEREAS, the Properties are all former non - housing assets of the CDC; and
WHEREAS, the City Council desires to authorize the execution of such documents as
may be necessary to ensure that the City holds marketable title to the Properties; and
WHEREAS, on April 9, 2014 the Oversight Board to the Successor Agency adopted
Resolution No. OSB 2014 -03 approving the Long Range Property Management Plan
( "LRPMP "), directing the future transfer of four former CDC non - housing assets to the City; and
WHEREAS, the California Department of Finance approved the Successor Agency's
LRPMP by letter dated June 19, 2014; and
WHEREAS, on April 14, 2015 the City Council as Governing Board of the Successor
Agency adopted Resolution No. 2015 -074 consenting to the transfer of the four former CDC
non - housing assets to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the foregoing recitals are true
and correct, and together with the accompanying staff report and information provided by City staff
and the public, form the basis for the approvals, authorizations, findings, and determinations set
forth in this Resolution.
Section 2. The City Council does hereby approve acceptance of the Properties by City and
authorize the Mayor and City Manager, as applicable, to execute such documents, including but not
limited to quitclaim deeds and certificates of acceptance, and take such actions as may be necessary
or convenient to ensure that the City holds marketable title to the Properties and otherwise to effect
the purposes of this Resolution.
Section 3. The transfer of the Properties to the City is exempt from the requirements of the
California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) (as
an action which it can be seen with certainty will not have a significant effect on the environment).
Section 4. This Resolution shall take effect immediately upon adoption.
DULY AND REGULARLY ADOPTED this 14th day of April, 2015.
CITY OF ROHNERT PARK
Im. ; notu 4 or
ATTEST:
oAnne M. Buergler, Cit ` Clerk
CALLINAN �? MACKENZIE: �e STAFFORD: 1411 BELFORTE jam_AHANOTU: t vtl1
AYES: ( LA ) NOES: ( C) ) ABSENT: ( —\ ) ABSTAIN: ( 0 )
(2)
EXHIBIT "A"
Former CDC Non - Housing Assets
APN
Address
143 - 051 -061
100 Enterprise Drive (Rohnert Park Senior Center)
143 - 051 -076
City Center Parking Lot (no address)
143 - 051 -065
6230 State Farm Drive (former veterinary building)
143 - 051 -066
415 City Center Drive (vacant lot)
(3)