2017/01/10 City Council Resolution 2017-004RESOLUTION NO. 2017-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A BUDGET AMENDMENT AND A REVENUE
SHARING AGREEMENT BETWEEN THE CITY OF ROHNERT PARK, THE
SUCCESSOR AGENCY TO THE FORMER COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF ROHNERT PARK, AND THE APPLICABLE
TAXING ENTITIES AS DEFINED BY HEALTH AND SAFETY CODE SECTION
34171(K)
WHEREAS, the California State Legislature enacted Assembly Bills X1 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 34173, provides
that the city, county, or city and county that authorized the creation of a redevelopment agency
may elect to be the successor agency to the former redevelopment agency; and
WHEREAS, The City of Rohnert Park ("City") did so elect, by adoption of Resolution
No. 2012-10 on January 10, 2012, to be the Successor Agency to the former Community
Development Commission of the City of Rohnert Park ("CDC"); and
WHEREAS, successor agencies are required, pursuant to Health and Safety Code
Section 34191.5(b) to prepare a Long Range Property Management Plan ("LRPMP") that
addresses the disposition and use of the real properties of the former CDC, which are to be
submitted to the Oversight Board and the California Department of Finance ("DOF") for
approval; and
WHEREAS, the Successor Agency to the former CDC ("Successor Agency") approved
the LRPMP on August 27, 2013, and was subsequently adopted by the Oversight Board as
Resolution No. OSB 2014-03 on September 16, 2013, and approved by the DOF by letter dated
June 19, 2014; and
WHEREAS, the properties located at 6230 State Farm Drive and 415 City Center Drive
(collectively, the "Property") were identified in the LRPMP to be transferred to the City to be
developed consistent with the Redevelopment Plan, along with other local plans in place
pertaining to the Property. The LRPMP additionally identified that the City shall enter into a
revenue sharing agreement with other taxing entities; and
WHEREAS, by Grant Deeds dated March 17, 2015 and recorded on May 0', 2015 as
Instrument Nos. QCD 2015037779 through 2015037782, in the records of the Sonoma County
Recorder, the Successor Agency transferred to the City the Property; and
WHEREAS, the Property was sold and transferred to private parties for redevelopment
purposes as set forth in the LRPMP; and
WHEREAS, the Revenue Sharing Agreement ("Agreement"), attached to this resolution
as Attachment 1, is an agreement with all taxing entities which have historically assessed
property taxes on the Property; and
WHEREAS, the Health and Safety Code Section 34191.5(c)(2)(B) states that the
revenue is to be distributed as property tax. The Agreement identifies that the revenue is to be
distributed by the County of Sonoma ("County") to the taxing entities, including the City.
WHEREAS, the funds are currently held in trust in the Revenue Sharing Agreement
Payable Account (#912-0000-203-2030) for transfer to the County Auditor -Controller.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby
resolve, determine, find and order as follows:
Section 1. Recitals. The above referenced recitals are true and correct and are
incorporated into and form a material part of this Resolution.
Section 2. Environmental Review. The transfer of revenue from the City to the other
taxing entities via the County is exempt from CEQA review under CEQA Guidelines section
15061(b)(3) because there is no possibility for the transfer of revenue to have an effect on the
environment.
Section 3. Approval of Revenue Sharing Agreement; Authority of City Manager. The
City Council hereby consents to and approves the Revenue Sharing Agreement in substantially
similar form as provided for in "Attachment 1 ", attached hereto and incorporated by this
reference. The City Council authorizes the City Manager to execute said Agreement on behalf
of the City of Rohnert Park subject to minor modifications as approved by the City Attorney.
Section 4. Budget Amendment. The City Council hereby authorizes the Finance Director
to increase appropriations in the Successor Agency Budget for the payment to Sonoma County in
the amount of $509,752.71.
Section 5. Other Actions Authorized. Subject to review and acceptance by the City
Attorney, the City Manager is hereby authorized and directed to take all action necessary or
reasonably required to carry out, give effect to, and consummate the transactions contemplated
by this Resolution and to take all action necessary in conformity therewith.
Section 6. Severability. If any action, subsection, sentence, clause or phrase of this
Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portions of this Resolution that can be
given effect without the invalid provisions.
DULY AND REGULARLY ADOPTED this 10th day of January, 2017.
2
2017-004
CITY OF ROHNERT PARK
Jake M kenzie, Mayor
ATTEST:
1
Caitlin Saldanha, Deputy City Clerk
Attachments: Revenue Sharing Agreement
AHANO'ru: A BELFORTE: e CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( G) ABSENT: ( ) ABSTAIN: ( )
2017-004
Attachment 1
REVENUE SHARING AGREEMENT
THIS REVENUE SHARING AGREEMENT (this "Agreement") is made and entered
into as of (the "Effective Date"), by and among the City of Rohnert Park, a
California municipal corporation ("City"); and each of the undersigned local agencies and school
districts, each a taxing entity as defined by Health and Safety Code section 34171(k) (the
"Taxing Entities"). The City and the Taxing Entities are collectively the "Parties" and each a
"Party."
RECITALS
A. Pursuant to Health and Safety Code section 34191.5, the Successor Agency to the
former City of Rohnert Park Community Development Commission ("Successor Agency")
prepared a long-range property management plan (the "Plan") to dispose of the real property of
the former City of Rohnert Park Community Development Commission (the "CDC"), including
(1) the real property located at 6230 State Farm Drive in the City of Rohnert Park, commonly
known by Assessor's Parcel No. 143-051-065, located in the County of Sonoma, California (the
"State Farm Drive Property"); and (2) the real property located at 415 City Center Drive in the
City of Rohnert Park, commonly known by Assessor's Parcel No. 143-051-066, located in the
County of Sonoma, California (the "City Center Drive Property"). The State Farm Property and
the City Center Drive Property may be referred to herein as the "Properties."
B. On April 9, 2014, and June 19, 2014, the Oversight Board and Department of
Finance, respectively, approved the Plan pursuant to Health and Safety Code section 34191.4(a)
and the properties therein transferred to the Community Redevelopment Property Trust Fund for
administration by the Successor Agency.
C. Under the Plan, the Successor Agency conveyed the Properties to the City and the
Properties were transferred to private parties for redevelopment purposes as set forth in
Resolution No. 2015-105 of the City Council of the City of Rohnert Park. The "faxing Entities
shall receive certain revenue as provided herein pursuant to Health and Safety Code section
3419I.5(c)(2)(B).
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the Parties hereby agree as follows:
1. Conveyance of Property. The Successor Agency has conveyed and the City has
accepted, all of the interest in and to the Properties by deed. The Properties have been thereafter
conveyed to private parties pursuant to grant deed and the "faxing Entities shall receive revenue
from the sale as provided herein.
2. Compensation.
2.1 Revenue. The City hereby assigns and conveys to the Taxing Entities the
revenue generated from the transfer or sale of the Properties ("Revenue"), which totals Five
Hundred Nine Thousand Seven hundred Fifty Two Dollars and Seventy One Cents
($509,752.71). The City shall submit to the Sonoma County Auditor -Controller ("Auditor-
Controller") the Revenue. The City shall keep complete, accurate and appropriate books and
records of the Revenue. The Auditor -Controller shall have the right, on behalf of the Taxing
Entities and upon reasonable written notice to City, to audit and examine such books, records
and documents and other relevant items in the possession of City, but only to the extent
necessary for a proper determination of Revenue.
2.2 Distribution of Revenue. Within 30 days following payment by the City,
the Auditor -Controller shall distribute the Revenue among the Taxing Entities in proportion to
their shares of the base property tax, as determined pursuant to Health and Safety Code section
34188.
3. Term. The term of this Agreement shall commence on the Effective Date and,
unless sooner terminated or extended as herein provided, shall expire upon the transfer of the
Revenue to the 'faxing Entities.
4. Limitation of Liability and Indemnification.
4.1 Liabilitv of Taxing Entities. The Taxing Entities hereby waive and
discharge all claims against the City, Successor Agency, County of Sonoma, Sonoma County
Auditor -Controller -Treasurer -Tax Collector and its and their members, directors, employees,
consultants and assigns, for any and all liability, demands, clairns, costs, losses, injuries,
damages, recoveries, settlements, and expenses (collectively, "Claims") resulting from or in any
way in connection with or incidental to the transfer of title of the Properties, except that the City
may be liable to the Taxing Entities for Claims to the extent arising from the City's active
negligent acts or omissions or willful misconduct. The Parties further agree that the City's
liability arising From the obligations under this Agreement shall specifically exclude any
damages, whether actual, special, consequential or punitive, other than the amount of Revenue.
"Phis provision shall survive any termination of the Agreement.
4.2 Indemnit . Each of the Parties shall fully indemnify and hold each of the
other Parties, their officers, board members, employees and agents, harmless from any claim,
expense or cost, damage or liability imposed for injury occurring by reason of the negligent acts
or omissions or willful misconduct of the indemnifying Party, its officers, board members,
employees or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such Party under this Agreement. No party, nor any officer, board
member, employee or agent thereof shall be responsible for any damage or liability occurring by
reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their
officers, board members, employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to such other Parties under this Agreement.
Miscellaneous Provisions.
5.1 Non -Waiver_ No waiver of a breach, failure of any condition, or any right
or remedy contained in or granted by the provisions of this Agreement will be effective unless it
is in writing and signed by the waiving Parties.
5.2 No Partne;rsltitg. Nothing contained in this Agreement shall be construed
to constitute a partnership or joint venture among any of the Parties.
5.3 Notices. All deliveries, notices, requests, demands or other
communications provided for or required by this Agreement shall be in writing and shall be
deemed to have been given when sent by registered or certified mail, return receipt requested or
when sent by overnight carrier. Notices shall be addressed as specified in each Party's signature
block.
5.4 Severabilit . In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provisions of this
Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable
provisions had not been contained herein.
5.5 Time is of the Essence. Time is of the essence of each and all of the
agreements, covenants, and conditions of this Agreement.
5.6 Ambiguities. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party does not apply in interpreting this Agreement.
5.7 Integration. This instrument constitutes the entire agreement between the
Parties with respect to the subject matter hereof and supersedes all prior offers and negotiations,
oral or written.
5.8 Amendment. This Agreement may be modified only in writing and only if
signed by the Taxing Entities and the City at the time of the mod ification.
59 Governing Law. This Agreement shall be construed and interpreted
according to the laws of the State of California, excluding its conflict of law principles. Proper
venue for legal actions will be exclusively vested in a State court in the County of Sonoma. The
Parties agree that subject matter and personal jurisdiction are proper in State court in the County
of Sonoma.
5.10 Counterparts. This Agreement may be executed in one or more
counterparts, each of which will be considered an original, but all of which together will
constitute one and the same instrument.
[signatures follow on next page]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF ROHNERT PARK
By:
Name: Darrin Jenkins
Title: City Manager
Address: 130 Avram Avenue
Rohnert Park CA 94928
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNTY AUDITOR -
CONTROLLER
By:Oct-v-
Name:
Donna M. Dunk. CPA
Title: Auditor-Controller-
Treasurer- Tax Collector
Address: 585 Fiscal Drive Suite 100
Santa Rosa, CA 95403
Date:
APPROVED AS TO FORM
By: __
Name:
Title:
COUNTY 'tJJ SONOMA
By:
Name: M. Cl rift na Rivera
Title: Deputy County Ad inistrative Officer
Address: 575 Administration Drive, #104A
Santa Rosa, CA 95403
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNTY LIBRARY
By:
Name: Brett Lear
Title: Library Director
Address: 211 E Street
Santa Rosa. CA 95404
Date:
APPROVED AS TO FORM
By:
Name:
Title:
COUNTY OF SONOMA
By:
Name: M. Christina Rivera
Title: Deputy County Administrative Officer
Address: 575 Administration Drive #104A
Santa Rosa CA 95403
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNTY LIBRARY
Name: Brett Lear
Title: Library Director
Address: 211 E Street
Sl to lFosa : 95'04
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNT ' WATER AGENCY
By:
Name: Grant Davis
Title: General Manaer
Address: 404 Aviation Blvd.
Santa Rosa, CA 95403
Date: � �_ • "L,- r �
APPROVED AS TO FORM
By:. _
Name:
Title:
MARIN/SONOMA MOSQUITO ABATEMENT DISTRICT
By:
Name: Philip Smith
Title: General ManagerAddress: 595 Helman Lane
Cotati, CA 9.4931
Date:
APPROVED AS TO FORM
By:_
Name:
Title:
rol
SONOMA COUNTY WATER AGENCY
By:
Name: Grant Davis
Title: General Manager
Address: 404 Aviation Blvd.
Santa Rosa CA 95403
Date:
APPROVED AS TO FORM
By: ^
Name:
Title:
MARIN/SONOMA MOSQUITO ABATEMENT DISTRICT
By: r,
Name: Philip Smith
Title: General Manager
Address: 595 Helman Lane
Cotati CA 94931
Date: � - 5.
APPROVED AS TO FORM
By:
Name:
Title:
BAV AREA AIR QUALITY MANAGEMENT DISTRICT
By; S —
Nai ae14 I', l�rC)adb'opt
Title: we itive Officer/Air Pollution Control 1.)irector
Address: �ry939
San Francisco, CA 94109
Date.-
APPROVED
ate:
APPROVED AS TO FORM
By
Name:
Title:
SONOMA RESOURCE CONSERVATION DISTRICT
By;
Name: Dennis
Title: Board Chair
Address: 1221, Farmers„ Lane. Suite_F,,,,,_,
Santa Rosa, CA 95405
Date:
APPROVED AS TO FORM
BY: W._
Name:
Title:
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
By:
Name: Jack P. Broadbent
Title: Executive Officer/Air Pollution Control Director
Address: 939 Ellis Street
San Frwi Isco, CA 94109
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA RESOURCE CONSERVATION DISTRICT
By:�
Name:
Title: Board-eit e(,Li huf uwPd y^
Address: 1221 Farmers Lane, Suite F
Sagitta Rosa CA 95405
Date: "`i'
APPROVED AS TO FORM
By: _
Name:
Title:
7
COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT
By: L2- ---
Name: Anne Barron
Title: Chief Business Official
Address: 7165 Burton Avenue
Rohnert Park, CA 94928
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNTY/SANTA ROSA JOINT JUNIOR COLLEGE DISTRICT
By:
Name: Prank Chon
Title: Superintendent/President
Address: 1501 Mendocino Avenue
Santa Rosa, CA 95401
Date:
APPROVED AS TO FORM
By: _
Name:
Title:
COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT
By: _
Name: Anne Barron
Title: Chief Business Official
Address: 7165 Burton Avenue
Rohnert Park, CA 94928
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA COUNTY/SANTA ROSA JOINT JUNIOR COLLEGE DISTRICT
go
Title: erintendent/President
Address: 1501 Mendocino Avenue
Santa Rosa, CA 95401
Date:
APPROVED AS TO FORM
By:
Name:
Title:
SONOMA POUNTY OFFICE OF EDUCATION
By:
. Steven l ierrin to
Title: Superintend 1
Address: 5340 Sk lanc Blvd.
Santa Rosa. CA 95403
Date
APPROVED AS TO FORM
By: _.._
Name:
Title: