2015/06/15 City Council Agenda Packet
City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928
PHONE: (707) 588-2227♦ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org
ROHNERT PARK CITY COUNCIL
Rohnert Park Financing Authority (RPFA)
Successor Agency to the Community Development Commission (CDC)
JOINT SPECIAL MEETING AGENDA
Monday, June 15, 2015
Open Session: 1:00 p.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city
meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council
Chamber. City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on
this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the
City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised
at public hearing(s) described in this agenda, or in written correspondence delivered to the City of
Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
within which the decision may be challenged to the 90th day following the date that the decision becomes
final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3):
Members of the City Council receive no additional compensation as a result of convening this joint
meeting of the City Council and the Rohnert Park Financing Authority.
PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or
on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and
a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of
speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices
upon entering the Council Chamber. Use of these devices causes electrical interference with the sound
recording and TV broadcast systems.
Mission Statement
“We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow.”
City of Rohnert Park Joint Special Meeting Agenda June 15, 2015
for City Council/RPFA/CDC Successor Agency Page 2 of 3
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY SPECIAL MEETING - CALL
TO ORDER/ROLL CALL
(Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __)
2. PUBLIC COMMENTS
Persons wishing to address the Council on any Closed Session item, Consent Calendar
item or on City business not listed on the Agenda may do so at this time. Each speaker
will be allotted three minutes. Those wishing to address the Council on any report item
listed on the Agenda should submit a “Speaker Card” to the City Clerk before
announcement of that agenda item.
3. CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s)
of the City Council and/or the Rohnert Park Financing Authority and Successor
Agency to the Community Development Commission, whichever is applicable, unless
any Council Member or anyone else interested in a consent calendar item has a
question about the item.
A. City Council Resolutions for Adoption:
1. 2015-112 Approving the Residential Purchase Agreement and Joint
Escrow Instructions for the Sale of 7783 Burton Avenue to
Jose Sanchez, Ivonne Rosas, Candelaria Martinez, and
Victor Martinez
4. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Legal Counsel – Anticipated Litigation - Significant
exposure to litigation pursuant to Government Code §54956.9(d)(2): (One
Case)
B. Reconvene Joint Special Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
5. ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If
you wish to speak on an item under discussion by the Council which appears on this agenda, after
receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the
record. Any item raised by a member of the public which is not on the agenda and may require Council
action shall be automatically referred to staff for investigation and disposition which may include placing
on a future agenda. If the item is deemed to be an emergency or the need to take action arose after
posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to
discuss the matter to determine if it is an emergency item under said Government Code and may take
action thereon.
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person
to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707)
City of Rohnert Park Joint Special Meeting Agenda June 15, 2015
for City Council/RPFA/CDC Successor Agency Page 3 of 3
588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City.
Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring
meeting materials to be produced in another format (Braille, audio-tape, etc.)
AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure
that relate to each item of business referred to on the agenda are available for public inspection at City
Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am
to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all,
of the members of the City Council regarding any item on this agenda after the agenda has been
distributed will also be made available for inspection at City Hall during regular business hours.
CERTIFICATION OF POSTING OF AGENDA
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the June
15, 2015, Joint Special Meeting of the Rohnert Park City Council/RPFA/CDC Successor Agency was posted
and available for review on June 11, 2015, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park,
California 94928. The agenda is also available on the City web site at www.rpcity.org,
Executed this 11th day of June, 2015 at Rohnert Park, California.
___________________________________________
JoAnne M. Buergler, City Clerk
ITEM NO.
1
Meeting Date: June 15, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Bryce Atkins, Senior Analyst
Agenda Title: Consideration of Adopting a Resolution Approving the Residential
Purchase Agreement and Joint Escrow Instructions for the Sale of
7783 Burton Avenue to Jose Sanchez, Ivonne Rosas, Candelaria
Martinez, and Victor Martinez.
RECOMMENDED ACTION:
Council adopt the attached Resolution approving the Residential Purchase Agreement and Joint
Escrow Instructions for the sale of 7783 Burton Avenue.
BACKGROUND:
In late December of 2011, the California Supreme Court upheld Assembly Bill x1 26 (AB 26) as
constitutional, dissolving redevelopment agencies throughout the State. Pursuant to the
provisions of AB 26, the City opted to assume the housing assets and functions of the
Community Development Commission (CDC).
On May 13th of 2013, after receiving public comments, the Council determined that the 5 single-
family residential houses in B Section, all of them former CDC housing assets, be sold with the
proceeds to be deposited into the City’s Low and Moderate Income Housing Asset Fund
(LMIHAF). 7783 Burton Avenue is one of these properties. Following the Council’s direction
that these properties be sold, staff solicited residential brokers to assist in their sale.
On October 14th, the City Council selected brokers for the properties. ReMax Pros, assigning
Jennifer Wiltermood, was selected to represent the City in the sale of 7783 Burton Avenue. Mrs.
Wiltermood proceeded to market the property, and received offers for its purchase.
The City received five offers. All offers submitted were at or above the asking price. The highest
offer came from Jose Sanchez, Ivonne Rosas, Candelaria Martinez, and Victor Martinez
(“Buyers”).
ANALYSIS
Briefly, the major purchase information for this offer is as follows:
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO.
2
Listing Price $383,000
Offer Price $432,000
Difference From Listing Price $49,000
Loan Type FHA
Down Payment 4%
Escrow Period 30 Days
Occupancy Type Owner-Occupied
Credits or Concessions None
The Buyer has provided in the purchase agreement that this house will be their primary
residence, making the home owner-occupied. Staff is recommending Council approval of this
purchase agreement.
ENVIRONMENTAL REVIEW
Approval of the purchase agreement is exempt from the California Environmental Quality Act
(CEQA) as it does not constitute a project pursuant to Section 15378 of the CEQA Guidelines.
The agreement proposes the sale and transfer of the home, and does not disturb or impact the
physical environment.
OPTIONS:
1. Council approve this Purchase Agreement by Resolution. Adopting the Resolution would
place the house in contract for the amount established. There may be further credits
requested as the Buyers complete their due diligent review of the property. The
resolution, as proposed, allows for the Mayor to approve credit adjustments not-to-exceed
$10,000, if the request is merited. Recommended.
2. Council approve the Purchase Agreement, but remove the Mayoral authorization for
approving credits. This option would approve the Purchase Agreement, but require any
and all credits to return to the Council for approval or rejection. This option, should a
request for credit be submitted by the Buyers, would cause the closing of the sale to be
extended, depending upon the time of the credit submittal as it relates to the Council
meeting schedule. This would require approval of the Resolution with modified language
removing the authorization of the Mayor to approve credit adjustments unilaterally. Not
recommended.
3. Another option would be to reject the purchase agreement, and place the home back on
the market. This option would provide limited benefits, if any, and depending upon
market conditions could result in lower offers. Not recommended.
4. A final option would be to counter the offer should this agreement not be acceptable to
the Council. Not recommended.
FISCAL IMPACT/FUNDING SOURCE:
Approval of the agreement would provide for revenue to the LMIHAF. The amount of revenue
would be the purchase price of $432,000, minus commissions, report costs, and other smaller
costs that are deducted from the purchase price at the close of escrow.
ITEM NO.
3
Department Head Approval Date: N/A
City Manager Approval Date: 06/10/2015
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1. Approving Resolution
2. Attachment A: Residential Purchase Agreement and Joint Escrow Instructions.
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS FOR THE SALE OF 7783 BURTON AVENUE TO JOSE SANCHEZ,
IVONNE ROSAS, CANDELARIA MARTINEZ, AND VICTOR MARTINEZ
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 provided that the city, county, or city and county that
authorized the creation of a redevelopment agency could elect to retain the housing assets and
functions previously performed by the former redevelopment agency; and
WHEREAS, the City of Rohnert Park (“City”) did in fact elect to assume the housing
assets and functions of its redevelopment agency, the Community Development Commission of
the City of Rohnert Park (“CDC”); and
WHEREAS, the Planning Commission has determined by adoption of Resolution No.
2014-37 on September 11, 2014 that the disposition of the property is in conformity with the
City’s adopted General Plan; and
WHEREAS, the City Council determined at a public meeting on May 13, 2014, after
receiving public comment, to sell 5 single-family residential housing assets of the former CDC,
including the residence at 7783 Burton Avenue (“Property”), with the proceeds of such sale to be
deposited into the City’s Low and Moderate Income Housing Asset Fund; and
WHEREAS, the City solicited and received offers from prospective purchasers; and
WHEREAS, City staff have negotiated with Jose Sanchez, Ivonne Rosas, Candelaria
Martinez, and Victor Martinez (“Buyers”) the terms of a Residential Purchase Agreement and
Joint Escrow Instructions in the form attached as “Attachment A” to this Resolution (“Purchase
Agreement”).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK AS FOLLOWS:
Section 1. Recitals. The above recitations are true and correct and material to this
Resolution.
Section 2. Environmental Clearance. The adoption of this Resolution and approval of
the accompanying Purchase Agreement is exempt from review under the California
Environmental Quality Act because the activity in question is not a project as defined under
CEQA Guidelines Section 15378 in that there is no potential that the activity will result in either
( 2 )
a direct physical change in the environment or a reasonably foreseeable indirect physical change
in the environment.
Section 3. Agreement. The Purchase Agreement is hereby approved.
Section 4. Authorization. The Council hereby authorizes the Mayor to execute the
Purchase Agreement, to approve credit adjustments not to exceed $10,000 in amount, if merited,
and perform such other acts as may be necessary or convenient to effectuate the purposes of this
Resolution.
DULY AND REGULARLY ADOPTED this 15th day of June, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk