2014/12/01 Successor Agency Oversight Board Resolution r 0
OVERSIGHT BOARD RESOLUTION NO. 2014 - 10
A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
ROHNERT PARK AUTHORIZING AND DIRECTING THE TRANSFER OF ALL
HOUSING ASSETS TO THE CITY OF ROHNERT PARK
WHEREAS, the California state legislature 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
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)(l);
WHEREAS,the Dissolution Act, at Health and Safety Code Section 34176, also provides
that the city, county, or city and county that authorized the creation of the redevelopment agency
may also elect to retain the housing assets and functions previously performed by the former
redevelopment agency;
WHEREAS, by adoption of Resolution No. 2012-10 adopted 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 of Rohnert Park (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 Community Development Commission of the City of
Rohnert Park (the "CDC"); and (2) the City of Rohnert Park would retain the housing assets and
responsibility for performing housing functions previously performed by the CDC;
WHEREAS, pursuant to Health and Safety Code Section 34176(a), all rights, powers,
duties, obligations, and housing assets (as defined in Section 34176(e)) have been or shall be
transferred to the City;
WHEREAS, the City prepared and submitted for review by the Department of Finance
("DOF") the Housing Asset List required under Health and Safety Code Section 34176(a)(2)
("Housing Asset List") attached to the staff report accompanying this Resolution (the "Staff
Report");
WHEREAS, the Housing Asset List constitutes a list of all "housing assets" of the CDC,
as defined in Health and Safety Code Section 34176(e), including: real and personal property
interests acquired for low- and moderate-income housing purposes; encumbered funds; loan and
grant receivables for assistance provided by the Low and Moderate Income Housing Fund
("Housing Fund"); rents and payments from housing operations; and amounts owed to the
Housing Fund as a result of previously deferred or borrowed Housing Fund deposits;
1
•
WHEREAS, DOF approved the City's housing Asset List by letter dated August 29,
2012 ("DOF Letter"), which letter is attached to the Staff Report accompanying this Resolution;
WHEREAS, the Housing Asset List, DOF Letter and Staff Report provide supporting
information upon which the actions set forth in this Resolution are based;
WHEREAS, upon dissolution on February 1, 2012, all housing assets as defined in
Health and Safety Code Section 34176(e) transferred from the CDC to the City; and
WHEREAS, to the extent any housing assets have not so transferred, in accordance with
Health and Safety Code Section 34181(c), the Oversight Board may authorize and direct the
transfer of the housing asset to the entity taking over the housing functions of the City.
NOW,THEREFORE,THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
ROHNERT PARK DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are
true and correct, and together with the following documents and information form the basis for the
approvals, authorizations,findings, and determinations set forth in this Resolution: (1)the Housing
Asset List; (2)the DOF Letter; (3)the Staff Report; and (4)the information provided by the
Successor Agency and City Staff and the public.
Section 2. In accordance with Health and Safety Code Section 34181(c), the Oversight
Board does hereby authorize and direct the transfer of the housing assets in the Housing Asset
List to the City, acting as the housing successor to the CDC pursuant to Health and Safety Code
Section 34176(a)(1), and authorizes the Successor Agency to do everything necessary and
appropriate to effectuate said transfer.
Section 3. The Successor Agency's Executive Director, or the Executive Director's
designee, shall be authorized to take such additional actions,and to execute all documents necessary
and appropriate(including the execution of any release,quitclaim deed or grant deed) to effectuate
the transfer of the housing assets of the CDC to the City in satisfaction of Health and Safety Code
Section 34176(a)(1).
Section 4. The transfer of the housing assets 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 5. This Resolution shall take effect at the time and in the manner prescribed in
I Iealth and Safety Code Section 34179(h).
2
•
PASSED AND ADOPTED at a duly noticed special meeting of the Oversight Board for
the Successor Agency to the Community Development Commission of the City of Rohnert Park
held on December 1, 2014, by the following vote of the members thereof:
AYES: ( 4 ) Board Members: Cerreta, Jolley, Masterson, Ponton
NOES: ( 0 ) Board Members: None
ABSENT: ( 3 ) Board Members: Mackenzie, Thompson, Zane
ABSTAIN: ( 0 ) Board Members: None
OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY CITY OF ROHNERT PARK
M n Po ton, C air
ATTEST:
Eydie Tacata, Clerk of the Board
3