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2011-013-Town Affordable Housing Cooperation AgreementRESOLUTION 2011 -013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AFFORDABLE HOUSING COOPERATION AGREEMENT AND MAKING CERTAIN FINDINGS RELATED THERETO The Town Council of the Town of Los Gatos resolves as follows: WHEREAS, the Town Council ( "Town 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 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 to provide affordable housing that will be of benefit to the Project Area; and WHEREAS, in keeping with the goals of the Agency to eliminate blight and to provide affordable housing in accordance with the Redevelopment Plan, the Agency's current Implementation Plan ( "Implementation Plan"), and the Housing Element of the Town's General Plan (the "Housing Element "), the Town and the Agency have been working cooperatively regarding the development of affordable housing and the creation of affordable housing programs of benefit to the Project Area; and WHEREAS, due to the complexity of the affordable housing projects and programs and the varying funding sources, the Town and the Agency desire to enter into an Affordable Housing Cooperation Agreement (the "Agreement ", a copy of which is on file with the Town Clerk and Agency Secretary), through which the Agency will pay for, and the Town will conduct, projects and programs to increase, improve, and preserve the supply of affordable housing within the Project Area and the territorial jurisdiction of the Town, to be funded by the Agency's Low and Moderate Income Housing Fund (the "Housing Fund "); and WHEREAS, implementation of the Agreement will assist the Agency and the Town to accomplish the stated goals in the Redevelopment Plan, the Agency's current Implementation Plan, and the Housing Element, as further described in the staff report accompanying this Resolution (the "Staff Report"); and WHEREAS, under the California Redevelopment Law (Health and Safety Code Section 33000 et se q.; the "Law ") before the Agency can expend money from its Housing Fund outside the Project Area, the Agency and the Town Council must make specified findings pursuant to Health and Safety Code Section 33334.2(g); and WHEREAS, in connection with specific projects or programs, the Agency and the Town Council, as necessary, will consider and adopt other findings required for expenditures of Housing Funds, such as the subordination finding pursuant to FIealth and Safety Code Section 33334.14(a) and the leveraging finding pursuant to Health and Safety Code Section 33334.30); 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 affordable housing projects and programs, but does not commit funds to any specific affordable housing project or program, in that environmental review required by CEQA shall be completed prior to the commencement of any affordable housing project or program listed in the Agreement; and WHEREAS, the Staff Report, the Redevelopment Plan, the report to Town Council accompanying the Redevelopment Plan, the Implementation Plan, and the Housing Element 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 of the above recitals are hue and correct and incorporated herein. Section 2 In compliance with Section 33334.2(g) of the Law, the Town Council hereby finds that assistance to the affordable housing projects and programs described in the Agreement and located outside the Project Area will be of benefit to the Project Area, based on the following: I . The Project Area is part of a housing market area that includes the entire Town. The provision of affordable housing outside the Project Area will expand the overall supply of affordable housing in the housing market area, thus reducing overall housing costs in the housing market area, which includes the Project Area. 2. The provision of affordable housing within the housing market area that includes the Project Area will provide affordable housing for employees who work in the Project Area, thus helping to encourage businesses to locate in the Project Area and contributing to the removal of blight in the Project Area. 3. The provision of affordable housing within the housing market area that includes the Project Area will provide relocation and replacement housing resources for any future projects within the Project Area that may require currently unanticipated displacement of households. This finding is further based on the facts and analysis in the Staff Report incorporated in this Resolution, as well as the findings and analysis contained in the Redevelopment Plan, the report to Town Council accompanying the Redevelopment Plan, the Implementation Plan, and the Housing Element. Section 3 The Town Council consents to the Agency expenditures as called for in the Agreement for the affordable housing projects and programs listed in the Agreement, subject to completion of any environmental review required by CEQA prior to the commencement of any project or program listed in the Agreement. Section 4 The Town Council 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 and programs 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 signatory, such determination to be conclusively deemed to have been made by the execution of the Agreement by the Town signatory. Section 5 The Town Manager is hereby authorized and directed to file a Notice 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 and execute such other documents 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 at a regular meeting of the Town Council of the Town of Los Gatos at regular meeting on the 7 th day of March, 2011, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Mayor Joe Pirzynki NAYS: None ABSENT: Barbara Spector ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK AD ISTRATOR LOS GATOS, CALIFORNIA