2011-003-Redevelopment Agency Public Improvements Grand And Cooperation AgreementRESOLUTION 2011 -003
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LOS GATOS
REDEVELOPMENT AGENCY APPROVING A PUBLIC
IMPROVEMENTS GRANT AND COOPERATION AGREEMENT AND
MAKING CERTAIN FINDINGS RELATED THERETO
The Redevelopment Agency 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 Plan
( "Redevelopment Plan ") for the Central Los Gatos Redevelopment Project Area ( "Project Area ");
and
WHEREAS, the Los Gatos Redevelopment Agency of the Town of Los Gatos ( "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 ") 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 sse.; 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 Council 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
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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 Redevelopment Agency 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 Agency 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 the 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 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 Agency agrees to make the 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 Agency hereby approves the Agreement and authorizes the Agency Executive
Director to enter into and execute the Agreement on behalf of the Agency 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
Agency Executive Director, such determination to be conclusively deemed to have been made by
the execution of the Agreement by the Agency Executive Director. The Agency Executive Director
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 Agency hereby approves and appropriates (to the extent not already appropriated) the amounts
necessary to fund the Agency's obligations under the Agreement as a lawful expenditure of Agency
funds under the Law. The Agency's current fiscal year budget is hereby amended to the extent
necessary to implement the foregoing appropriation.
Section 6
The Agency Executive Director is hereby authorized and directed to file Notices of Exemption with
respect to the Agreement in accordance with the applicable provisions of CEQA.
SectionT
The Agency Executive Director is hereby authorized to take such further actions as may be
necessary or appropriate to carry out the Agency's obligations pursuant to this Resolution and the
Agreement.
Section 8
The Agency Secretary shall certify to the adoption of this Resolution.
Section 9
This Resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED at a regular meetin� of the Board of Directors of the Los
Gatos Redevelopment Agency, California held on the 18 day of January, 2011, by the following
vote:
DIRECTORS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzysnki
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
CHAIR OF HE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
SE :rARY OF REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA