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2011-004-TLG Public Improvements Grant And Cooperation AgreementRESOLUTION 2011 -004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING A PUBLIC IMPROVEMENTS GRANT AND COOPERATION AGREEMENT AND MAKING CERTAIN FINDINGS RELATED THERETO The Town Council of the Town of Los Gatos resolves as follows: WHEREAS, the Town Council ( "Council ") of the Town of Los Gatos ( "Town ") has adopted and amended, from time to time, the Los Gatos Redevelopment Agency Redevelopment Plan ( "Redevelopment Plan ") for the Central Los Gatos Redevelopment Project Area ( "Project Area "); and WHEREAS, the Los Gatos Redevelopment Agency, Los Gatos, California ( "Agency ") is engaged in various activities in its efforts to remove the blighting conditions that still remain in the Project Area; and WHEREAS, in keeping with the goals of the Agency to eliminate blight and reduce physical and economic, blight in accordance with the Redevelopment Plan and Agency's current Implementation Plan ( "Implementation Plan "), the Town and Agency have been working cooperatively regarding the development of certain public improvements in the Project Area; and WHEREAS, due to the complexity of the projects and the varying funding sources, the Agency and the Town mutually desire to enter into a Public Improvements Grant and Cooperation Agreement (the "Agreement "), a copy of which is on file with the Town Clerk and Agency Secretary through which the Agency shall pay for designated portions of, and the Town shall conduct, public improvement projects to alleviate blighting conditions in the Project Area as set forth in the proposed Agreement; and WHEREAS, implementation of the Agreement will assist the Agency to accomplish the stated goals in the Redevelopment Plan and its current Implementation Plan as described in the staff report accompanying this Resolution (the "Staff Report"); and WHEREAS, under the California Redevelopment Law (Health and Safety code Section 33100 et sec .;the "Law "), before the Agency can expend money for public improvements, the Agency and the Town must make specified findings pursuant to Health and Safety Code Section 33445; and WHEREAS, pursuant to the Law, the Agency is authorized, with the consent of the Town to pay for part, or all, of the costs of public improvements that are of benefit to the Project Area; and WHEREAS, no other reasonable means of financing the estimated cost of the public improvements are available to the Town or the community; and WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the Agreement is not a project subject to the California Environmental Quality Act ( "CEQA "), because the Agreement consists of the creation of a governmental funding mechanism for various public improvements, but does not commit funds to any specific public improvement, in that environmental review required by CEQA shall be completed prior to the commencement of any public improvement listed in the Agreement; and WHEREAS, the Staff Report, the Redevelopment Plan, the report to Town Council accompanying the Redevelopment Plan, and the Implementation Plan provide additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows: Section 1 All the Recitals above are true and correct and incorporated herein. Section 2 In compliance with Section 33445 of the Law, the Town hereby finds that: (a) the acquisition of public land or the installation or construction of the public improvements listed in the Agreement that are publicly owned are of benefit to the Project Area by helping to eliminate blight within the Project Area or providing housing for low- or moderate- income persons; (b) no other reasonable means of financing the acquisition of public land or installation or construction of the public improvements listed in the Agreement that are publicly owned are available to the community; and (c) the appropriation and payment of funds by the Agency for the acquisition of public land or the cost of the public improvements listed in the Agreement that are publicly owned is consistent with the Agency's current Implementation Plan. These findings are based on the facts and analysis in the Staff Report incorporated in this Resolution. Section 3 The Town consents to the Agency expenditures as called for in the Agreement for the public improvement projects listed in the Agreement, subject to completion of any environmental review required by CEQA prior to the commencement of any improvement listed in the Agreement. Section 4. The Town hereby approves the Agreement and authorizes the Town Manager to enter into and execute the Agreement on behalf of the Town for the funding and completion of the projects listed in the Agreement, substantially in the form on file with the Agency Secretary and the Town Clerk, with such revisions as are reasonably determined necessary by the Town Manager, such determination to be conclusively deemed to have been made by the execution of the Agreement by the Town Manager. The Town Manager is authorized to implement the Agreement and take all further actions and execute all other documents which are necessary or appropriate to carry out the Agreement. Section 5 The Town Manager is hereby authorized and directed to file Notices of Exemption with respect to the Agreement in accordance with the applicable provisions of CEQA. Section 6 The Town Manager is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Town's obligations pursuant to this Resolution and the Agreement. Section 7 The Town Clerk shall certify to the adoption of this Resolution. Section 8 This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting on the 18 day of January, 2011 by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski NAYS: ABSENT ABSTAIN: SIGNED: \ 14� ' MAYOR OF THE TOWN OF LOS GATOS, CALIFORNIA ATTES ;AgMIN I STRATOR LOS GATOS, CALIFORNIA