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32 Staff Report - Funding for the Los Gatos High School PoolDATE: TO: FROM: SUBJECT: MEETING DATE: 9/3/02 ITEM NO. 3 COUNCIL/AGENCY AGENDA REPORT AUGUST 29, 2002 MAYOR AND TOWN COUNCIL CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY DEBRA J. FIGONE, TOWN MANAGER/EXECUTIVE DIRECTO PUBLIC HEARING REGARDING FUNDING FOR THE LOS GATOS HIGH SCHOOL POOL RECOMMENDATIONS: 1. Open and hold a public hearing. 2. Close the public hearing. 3. Adopt a joint resolution of the Town Council/Redevelopment Agency authorizing execution of a Public Facilities Agreement for the Los Gatos High School Community Pool, approving a grant of $300,000 for the project, and making statutory findings. 4. Authorize budget adjustment in the amount of $300,000 from Town Certificates of Participation proceeds - RDA Fund 930. BACKGROUND: At its May 6, 2002 meeting, the Council/Agency discussed the possibility of providing partial funding for a new swimming pool at Los Gatos High School, during its discussion of the Redevelopment Agency Financing Plan. The Council/Agency agreed in concept to provide $300,000 in Agency funds, pending its review of related agreements. At its June 17, 2002 meeting, the Council/Agency held a public hearing to consider adopting a resolution approving an Agency grant in the amount of $300,000 to Los Gatos -Saratoga Joint Union High School District in order to provide partial funding for a new swimming pool at Los Gatos High School. Three members of the public addressed the Council/Agency in support of the grant; no one spoke in opposition. The item was continued to the September 3, 2002 Council/Agency meeting. PREPARED BY: REGINA FALK Community Servi BUD LORTZ vector Community Development Director Reviewed by: Assistant Town Manager Town Attorney Clerk Finance Revised: 8/29/02 4:22 pm Reformatted: 5/30/01 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PUBLIC HEARING REGARDING FUNDING FOR THE LOS GATOS HIGH SCHOOL POOL August 26, 2002 DISCUSSION: Town/Agency, High School District, and Recreation Department staff have been negotiating a Public Facilities Use Agreement, which would govern the financing, construction, maintenance, and use of the proposed pool facilities. Town/Agency staff's goals during these negotiations have been to maximize the community benefit of the pool, while safeguarding any Agency financial contribution to the project. (The community served by the Recreation District includes all households with a Los Gatos address.) Staff believes that the proposed Public Facilities Agreement (Attachment 1) satisfies these goals. The agreement has been approved and signed by the High School District Board of Trustees. The Recreation Department Board is slated to consider the agreement at it's September 5 meeting. Agreement highlights are listed below: • The facility will be available for community use for not less than 900 hours during the summer. • During each month of the school year, the pool will be available 108 weekend hours and 80 weekday hours. • Payment is made by the Town within 30 days after the High School District's Board of Trustee's approval of the facility. In the event that the facility is not 80% completed within 4 years, the $300,000 will be returned to the Town. • Los Gatos High School will appoint an aquatics coordinator to work with the Recreation Department to develop and maintain a consistent and -on -going community swim program. • A percentage of the Recreation Department's revenues will be paid to the District for pool maintenance and operations. • The District and the Department will submit a joint report to the Town regarding the pool's community use. • The District and the Department hold harmless and indemnify the Town. The attached resolution (Attachment 2) would make certain findings as required by Redevelopment Law, approve a grant of $300,000 in Agency funds to the High School District, and authorize the Town Manager/Executive Director to sign the proposed Public Facilities Agreement. In order to allow for minor administrative changes to the Agreement, the resolution would allow the Manager/ Director to sign the Agreement in substantially the form brought to Council, and assuming no material changes negatively affecting the Town/Agency's interests. ENVIRONMENTAL ASSESSMENT: The Los Gatos -Saratoga Joint Union High School District will be responsible for complying with all CEQA requirements pertaining to this project. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PUBLIC HEARING REGARDING FUNDING FOR THE LOS GATOS HIGH SCHOOL POOL August 26, 2002 FISCAL IMPACT: On July 31, 2002, the Town received approximately $9,600,000 of net proceeds for various projects from its $10,725,000 2002 COP issuance. The Town's Redevelopment Agency's schedule of planned improvements to be funded by this source included a provision for up to $300,000 of funding payable from the 2002 COP proceeds. Upon approval by Council this item will be appropriated in the RDA Capital Projects Fund 930 in the amount of $300,000. Attachments: 1. Public Facilities Use Agreement 2. Joint Resolution of the Town Council/Redevelopment Agency Authorizing Execution of a Public Facilities Agreement for the Los Gatos High School Community Pool, Approving a Grant of $300,000 for the Project, and Making Statutory Findings Distribution: Trudy McCullock, Principal, Los Gatos High School Cynthia Chang, President, Governing Board Bob Best, Executive Director, Los Gatos/Saratoga Recreation Department RAF:JLM/ N:ISHARE\Ighspoo13.wpd Attachment 1 FACILITIES JOINT USE AGREEMENT BETWEEN LOS GATOS-SARATOGA DEPARTMENT OF COMMUNITY EDUCATION AND RECREATION, THE LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT AND THE TOWN OF LOS GATOS This Agreement is made this day of , 2002, by and between the Los Gatos -Saratoga Joint Union High School District, the Los Gatos -Saratoga Department of Community Education and Recreation and the Town of Los Gatos. RECITALS The Los Gatos -Saratoga Joint Union High School District ("District") is a high school district organized under the Constitution and laws of the State of California, and notably the California Education Code. The Los Gatos High School ("LGHS") is one of two high schools in the District The Town of Los Gatos is a municipal corporation organized under the laws of the State of California. The Los Gatos -Saratoga Department of Community Education and Recreation ("Department") is a local public agency, a Joint Powers Authority created by the District, the Saratoga Union Elementary School District, and the Los Gatos Union Elementary School District, under the Constitution and laws of the State of California. By the terms of its Joint Powers Agreement, the Department is subject to the same constraints that the Constitution and laws of the State of California impose upon public school districts. -1- The Department provides public recreation programs, including both organized and informal activities in the arts, athletic, science, and nature, and including events, classes, and other indoor and outdoor activities to members of the community and, outside of school hours, to students of the Los Gatos -Saratoga Joint Union High School District, the Los Gatos Union Elementary School District, and the Saratoga Union Elementary School District. The demand by students and community members for the Department's services is growing, and the Department's program has outgrown the facilities available to it. The District, Department and Town agree as follows: 1. AUTHORITY 1.1 Chapter 10 of Division 1 of the California Education Code, commencing with Section 10900, authorizes public entities to cooperate with one another to organize, promote, and conduct programs for community recreation that will contribute to the attainment of general recreational and educational objects for children and adults of this State. 1.2 Education Code Section 10905 specifically authorizes public entities to cooperate with one another to establish, improve, or maintain recreation facilities. 1.3 Education Code Section 10910 authorizes the governing body of any school district to grant the use of any building, grounds, or equipment of the district to any other public authority for community recreational purposes if such use will not interfere with use of the buildings. grounds, and equipment for any other purpose of the public school system. -9- -1.4 The Department, District and Town desire to enter into an agreement ("Agreement") providing for the joint use, by the District and the Department. of a swimming pool, supporting equipment and structures, and locker rooms ("Facility") to be constructed at and operated by LGHS, and the development of a year -around high school and community aquatics program. 7 CONSTRUCT 1 ION AND OWNERSHIP OF FACILITY 7.l The District agrees to construct and install or cause to be constructed and installed a swimming pool and supporting equipment and structures at LGHS. 7.7 The District shall own the Facility and any and all additions, improvements, and fixtures that the District may make to the Facility, except that any incidental equipment placed therein by the Department with the permission of the District that is not affixed to the Facility shall remain the Department's property. 7.3 The Town agrees to contribute $300.000 for the construction and installation of a swimming pool and supporting equipment and structures at LGHS. The Town will make payment within 30 days after the approval of the Facility project by the District Board of Trustees. In the event the Facility is not 80% completed within 4 years from the date the Facility project is approved by the District Board of Trustees, the $300,000 will be returned to the Town. 3. USE OF PREMISES 3.1 The Department and LGHS shall share use of the Facility. Neither party may use the Facility except in accordance with the terms of this Agreement, which shall take effect on the date the new pool is opened. The Department's use of the pool shall be subordinate to LGHS's use of the pool for educational purposes. Notwithstanding the subordination of community use to -3- District use, the District guarantees the Facility will be available for community use for not less than 900 hours from June 16 through August 15, and 108 hours of weekend use and 80 hours of weekday use each month from August 16 through June 15. This guarantee may be revised in the future, or exceptions approved, upon the agreement in writing by the Superintendent of the District, the Director of the Department and the Manager of the Town. 3.2 LGHS shall appoint an aquatics coordinator to schedule use of the pool during the period August 16 through June 15. The aquatics coordinator shall work with the Department to develop and maintain a consistent and on -going community swim program while accommodating all educational and athletic needs of LGHS. Subordinate to the needs of LGHS as defined in Section 3.1 the pool, locker rooms and related facilities will be available to the Department for community use during the period August 16 through June 15 as follows: 5:00 am — 7: I 5 am Monday -Friday 5:30 pm — 10:00 pm Monday -Friday 7:00 am — 10:00 pm Saturday, Sunday LGHS use may extend into the hours designated above for community use. Also, community use is not restricted to the above times but may extend beyond those times if the pool is not undergoing maintenance or being used by LGHS. 3.3 The Department shall appoint an aquatics coordinator to schedule use of the pool during the period June 16 through August 15. The aquatics coordinator shall schedule the facility and supervise the community swim program during this period. Subordinate to the needs of LGHS as defined in Section 3.1 the pool. locker rooms and related facilities will be available to the Department for community use during the period June 16 through August 15 as follows: -4- 5:00 am — 10:00 pm Monday -Friday 7:00 am — 10:00 pm Saturday, Sunday LGHS use may extend into the hours designated above for community use. Also, community use is not restricted to the above times but may extend beyond those times if the pool is not undergoing maintenance or being used by LGHS. 3.4 Closing time will be 10:00 p.m., unless the District and Department agree upon a different closing time. 3.5 Both the Department and LGHS may schedule any special activities appropriate and compatible to the purposes for which the Facility is established. The Department may schedule special activities outside of the days and hours of community use, provided, however, that they are approved by LGHS. 3.5 The Department and District acknowledge that the Facility is a public school building subject to the California Civic Center Act, Education Code Section 38130, et seq. The Department and the District, through LGHS, shall cooperate in making the Facility available for public use under that Act. 3.6 The Department may allow third parties to use the Facility during the days and hours of the Department's use, subordinate to LGHS's use of the pool for educational purposes. The Department may accept user fees for third parties' use of the Facility during the Department's days and hours of community use, consistent with the California Civic Center Act, Education Code Section 38130, et seq. Users will be required to conform to all applicable rules, regulations. ordinances and/or laws governing school grounds in addition to those applicable to District property. The Department will be responsible for monitoring users' compliance with -5- users' obligations during the Department's days and hours of community use. Such use shall be appropriate and compatible to the purposes for which the Facility is established. 3.7 The District may allow third parties or the Department to use the Facility outside the days and hours of the Department's use as defined in Sections 3.2 and 3.3 above. The Department has priority over third parties for use of the Facility outside of the days and hours of the Department's use. Such use shall be appropriate and compatible to the purposes for which the Facility is established. The District may accept user fees for third parties' use of the Facility outside the days and hours of the Department's use, consistent with the California Civic Center Act, Education Code Section 38130, et seq. Users will be required to conform to all applicable rules, regulations, ordinances and/or laws governing school grounds in addition to those applicable to District property. The District will be responsible for monitoring users' compliance with users' obligations outside of the days and hours of the Department's use. 4. CONTRIBUTION TO OPERATION AND MAINTENANCE OF THE FACILITY 4.1 During the period August 16 through June 15, as a contribution to the operation and maintenance of the facility, the Department shall remit monthly to the District, 15% of gross revenue received by the Department from the use of the facility for Department programs that are staffed by Department employees, 15% of user fees from a third party remitted to the Department, and 5% of gross revenue from Department programs staffed by independent contractors of the Department. 4.2 During the period June 16 through August 15, as a contribution to the maintenance of the facility, the Department shall remit monthly to the District, 5% of all gross revenue received by the Department from the use of the facility during the days and hours of the -6- Department's use whether from the Department's programs or user fees from a third party remitted to the Department. 4.3 The percentages of gross revenue remitted by the Department to the District in Sections 4.1 and 4.2 may be changed upon agreement in writing by the Superintendent of the District and the Director of the Department. 5. MAINTENANCE AND COST OF REPAIR AND REPLACEMENT 5.1 The District shall perform all maintenance of the Facility, including: custodial services; maintenance of associated equipment; preventive maintenance; maintenance of any theft or vandalism preventative devices; repair and replacement of lights, fixtures, and any other necessary items; all necessary utilities and other expenses commonly referred to as overhead; and the wages and salaries for any employees, contractors or consultants used to maintain the Facility. 5.2 The District shall further undertake the replacement of major capital equipment such as the pool heating system as needed. 5.3 The Districtshall perform any other maintenance deemed necessary and appropriate by the District. 5.4 The Department shall be responsible for the cost of repairing or replacing any District or Department property damaged in connection with Department's use of the Facility under this Agreement. Normal wear and tear of any of the property of the District or Department shall not be included within this provision relating to the repair or replacement of damaged property. -7- 5.5 The District shall be responsible for the cost of repairing or replacing any District or Department property damaged in connection with District's use of the Facility under this Agreement. Normal wear and tear of any of the property of the District or Department shall not be included within this provision relating to the repair or replacement of damaged property. 6. INSURANCE 6.1 The District shall maintain fire and extended risk insurance on the Facility in an amount sufficient to rebuild the Facility should it be damaged or destroyed by a covered risk. 6.2 Each party shall, at its own expense, maintain liability insurance of at least $1,000,000 per occurrence. 7. REPORTING 7.1 The District and the Department shall submit to the Town annually a joint report on the status of the community use of the pool. The report shall include information regarding the number of participants in community programs and number of hours of community use. 7.2 The Department shall give to the District a monthly report of all gross revenue received by the Department from the use of the facility during the days and hours of the Department's use whether from the Department's programs or user fees from a third party rL mitted to the Department. 8. MUTUAL INDEMNIFICATION 8.1 The Department shall hold harmless and indemnify the District and its officers, agents, and employees from and against any and all actions, suits, or other proceedings which may arise as a result of its use of the Facility, except such actions, suits, or other proceedings as -8- may arise as a result of the negligence or willful misconduct of the District or of its officers, agents, or employees. 8.2 The District shall hold harmless and indemnify the Department and its officers, agents, and employees from and against any and all actions, suits, or other proceedings which may arise as a result of its use of the Facility, except such actions, suits, or other proceedings as may arise as a result of the negligence or willful misconduct of the Department or of its officers, agents. or employees. 8.3 The District and the Department shall hold harmless and indemnify the Town and its officers, agents, and employees from and against any and all actions, suits, or other proceedings which may arise as a result of its use of the Facility, including settlements paid and judgments rendered. 9. TERM OF AGREEMENT 9.1 This Agreement shall be in effect from the date of execution until thirty years from the date of the opening of the pool. 9.2 The Agreement can be terminated at any time by the mutual agreement of the parties. 9.3 In the event of a default by the District of its obligation to make the Facility available for community use as defined in Sections 3.2 and 3.3 above, and its failure to cure this default within twenty (20) business days after receipt of written notice from the Town, the District shall pay to the Town, not later than (20) business days from its failure to cure the default. the pro rata amount of the value of the loss of community use of the Facility, which shall be determined as described in Exhibit A and incorporated herein by reference. -9- 9.4 Notwithstanding the provisions of Sections 9.1, 9.2, and 9.3 above, either party may terminate the Agreement at any time upon the default of the other party. A party defaults whenever it fails to cure or correct its failure to perform one or more of its material obligations under this Agreement within twenty (20) business days after receipt of written notice from the other party identifying the specific failure of performance and requesting that it cure or correct the failure. In the event of a party's default, whether or not the other party exercises its option to terminate the Agreement, the other party shall also be entitled to any remedy available at law or equity. 10. MISCELLANEOUS PROVISIONS 10.1 This Agreement may be modified by the mutual agreement of both parties, but only in writing. 10.2 Should any term or provision of this Agreement be determined to be illegal or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected thereby, and each term or provision of this Agreement shall be valid and be enforced as written to the full extent permitted by law. 10.3 This Agreement and all matters relating to the Agreement and the relationship between the parties which the Agreement memorializes shall be construed according to the laws of the State of California. -10- 10.4 All notices required by this Agreement may be sent by United States mail, postage pre -paid, to the parties as follows: District: Superintendent Los Gatos -Saratoga Joint Union High School 17421 Farley Road West Los Gatos, California 95030 Fax: (408) 354-3375 Department: Director Los Gatos -Saratoga Department of Community Education and Recreation 123 East Main Street Los Gatos, California 95032 Fax: (408) 395-3828 Town: Town Manager Town of Los Gatos 110 East Main Street Los Gatos, California 95030 Fax: (408) 354-8431 Any notices required by this Agreement sent by facsimile transmission to the facsimile number above shall be considered received on the business day they are sent, provided they are sent during business hours of the receiving party and provided receipt is confirmed by telephone, facsimile, or electronic mail, and further provided the original is promptly placed into the United States mail, postage pre -paid, and addressed as indicated above. -11- Approved by the Governing Board of the Los Gatos -Saratoga Joint Union High School District By: President) Governing Board k/t/ to /, overning Board Date: Date: A.• o -d by the Governing Board of the Los Gatos -Saratoga Department of Community Education and Recreation By: Date : President, Governing Board By: Date: Clerk, Governing Board Town of Los Gatos by: Debra J. Figone, Town Manager Date : Recommended by: Orry P. Korb, Town Attorney ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Date: -12- EXHIBIT A (Note: Exhibit A shall become effective only on the date the Facility opens.) If the District Defaults as defined in Section 9.3 of the Agreement use this to determine the amount the District Must Pay To Town For Loss Of Community Use Years from the Date of the Opening of the Pool Pro rata Amount Due to Town For Loss of Use 0-1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Over 30 years $300,000 $290,000 $280,000 $270,000 $260,000 $250,000 $240,000 $230,000 $220,000 $210,000 $200,000 $190,000 $180,000 $170,000 $160,000 $150,000 $140,000 $130,000 $120,000 $110,000 $100,000 $ 90,000 $ 80,000 $ 70,000 $ 60,000 $ 50,000 $ 40,000 $ 30,000 $ 20,000 $10,000 $0 -13- Attachment 2 RESOLUTION 2002 - JOINT RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY AUTHORIZING EXECUTION OF A PUBLIC FACILITIES AGREEMENT FOR THE LOS GATOS HIGH SCHOOL COMMUNITY POOL, APPROVING A GRANT OF $300,000 FOR THE PROJECT, AND MAKING STATUTORY FINDINGS WHEREAS, pursuant to the California Community Redevelopment Law, (Health and Safety Code Section 33000 et seq.,; the "Redevelopment Law"), the Town Council (the "Council") of the Town of Los Gatos (the "Town") has adopted and the Redevelopment Agency of the Town of Los Gatos (the "Agency") is responsible for implementing the Central Los Gatos Redevelopment Plan (the "Redevelopment Plan") pertaining to the Central Los Gatos Redevelopment Project Area (the "Project Area"); and WHEREAS, the Los Gatos High School is located within the Project Area; and WHEREAS, the High School is in a deteriorated condition and the Los Gatos -Saratoga High School District (the "District") has submitted a list of $61 million of improvements needed to the High School; and WHEREAS, the pool at the High School was built in 1950 and is in a deteriorated condition. It is outdated and no longer meets standards for accessibility and competition guidelines. The pool must be replaced in order to increase efficiency, expand capacity, prevent further deterioration, and improve safety issues; and WHEREAS, a new pool has been designed and will cost $2.8 million. The District does not have adequate funds to construct the new pool as a result of the other improvements required to the High School. Private funding will be required to provide 88% of the funds required and a community foundation has been established to seek such private funding. A grant in the amount of $300,000 is requested from the Agency; and WHEREAS, Section 33445 of the Health and Safety Code requires the local legislative body to consent to the provision of public improvements paid in part or whole by its redevelopment agency and make findings: 1) that the public improvements are of benefit to the Project Area or the immediate neighborhood of the Project Area; 2) that no other reasonable means of financing such public improvements are available to the community, and; 3) that the Agency's contribution to the cost of the public improvement or facility will assist in eliminating one or more blighting conditions in the Project Area; and WHEREAS, the High School community pool will be of substantial benefit to the Project Area and help eliminate blighting conditions; and WHEREAS, the Public Facilities Agreement will provide for community use of the pool including community swim lessons and recreation; access for special populations; SCUBA lessons; and collaboration with other agencies; and WHEREAS, in connection with the proposed grant of $300,000 and the Public Facilities Agreement, the Agency and Town Council have conducted a duly noticed public hearing pursuant to Section 33679 of the Redevelopment Law, and the Agency has prepared and made available for public inspection the summary report required by Section 33679 of the Redevelopment Law, a copy of which is on file with the Agency; and WHEREAS, the Los Gatos -Saratoga High School District will comply with all CEQA requirements. NOW, THEREFORE, BE IT RESOLVED, that the Town Council/Agency of the TOWN OF LOS GATOS does hereby consent to the provision of public improvements by the Los Gatos Redevelopment Agency in regard to partial funding of the new pool at Los Gatos High School. BE IT FURTHER RESOLVED, that the Town Council/Agency hereby finds that the new pool will eliminate blight, will be of benefit to the Project Area and the immediate neighborhood of 2 BE IT FURTHER RESOLVED, that the Town Council/Agency hereby finds that the new pool will eliminate blight, will be of benefit to the Project Area and the immediate neighborhood of the Project Area, will -serve residents of the community and will bring people Downtown to shop and eat thus carrying out the objectives of the Redevelopment Plan. BE IT FURTHER RESOLVED, that the Town Council/Agency hereby finds that no other reasonable means of financing such public improvements are available to the community. BE IT FURTHER RESOLVED, that the Agency hereby approves the Public Facilities Agreement and the obligations of the Agency under the Agreement, authorizes the Executive Director/Town Manager to execute the Agreement on behalf of the Agency, substantially in the form on file with the Agency Secretary, and assuming no material changes negatively affecting the Agency/Town's interests. Agency funds shall be used on construction of the pool only and this shall not constitute a "public owned building". The foregoing approval and authorization is conditioned upon the making by the District of the finding required under Section 33445(a)(2) of the Redevelopment Law as interpreted by the court case of Dave Meaney v. Sacramento Housing and Redevelopment Agency (1993, 13 Cal. App. 4`h 566). BE IT FURTHER RESOLVED, that the Agency hereby approves and appropriates (to the extent not already appropriated) the amount necessary ($300,000) to fund the Agency's obligations under the Agreement as a lawful expenditure of Agency funds under Redevelopment Law. The Agency's current 2002/03 fiscal year budget is hereby amended to the extent necessary to implement the foregoing appropriation. 3 PASSED AND ADOPTED at a regular meeting of the Town Council/Agency held on the day of , 2002, by the following vote: COUNCIL MEMBERS/REDEVELOPMENT AGENCY BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\Ighighpool.wpd 4 MAYOR OF THE TOWN OF LOS GATOS CHAIR, AGENCY BOARD LOS GATOS, CALIFORNIA RESOLUTION 2002 - 145 JOINT RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY AUTHORIZING EXECUTION OF A PUBLIC FACILITIES AGREEMENT FOR THE LOS GATOS HIGH SCHOOL COMMUNITY POOL, APPROVING A GRANT OF $300,000 FOR THE PROJECT, AND MAKING STATUTORY FINDINGS WHEREAS,pursuant to the California Community Redevelopment Law, (Health and Safety Code Section 33000 et sei.,; the "Redevelopment Law"), the Town Council (the "Council") of the Town of Los Gatos (the "Town") has adopted and the Redevelopment Agency of the Town of Los Gatos (the "Agency") is responsible for implementing the Central Los Gatos Redevelopment Plan (the "Redevelopment Plan") pertaining to the Central Los Gatos Redevelopment Project Area (the "Project Area"); and WHEREAS, the Los Gatos High School is located within the Project Area; and WHEREAS, the High School is in a deteriorated condition and the Los Gatos -Saratoga High School District (the "District") has submitted a list of $61 million of improvements needed to the High School; and WHEREAS, the pool at the High School was built in 1950 and is in a deteriorated condition. It is outdated and no longer meets standards for accessibility and competition guidelines. The pool must be replaced in order to increase efficiency, expand capacity, prevent further deterioration, and improve safety issues; and WHEREAS, a new pool has been designed and will cost $2.8 million. The District does not have adequate funds to construct the new pool as a result of the other improvements required to the High School. Private funding will be required to provide 88% of the funds required and a community foundation has been established to seek such private funding. A grant in the amount of $300,000 is requested from the Agency; and WHEREAS, Section 33445 of the Health and Safety Code requires the local legislative body to consent to the provision of public improvements paid in part or whole by its redevelopment a • agency and make findings: 1) that the public improvements are of benefit to the Project Area or the immediate neighborhood of the Project Area; 2) that no other reasonable means of financing such public improvements are available to the community, and; 3) that the Agency's contribution to the cost of the public improvement or facility will assist in eliminating one or more blighting conditions in the Project Area; and WHEREAS, the High School community pool will be of substantial benefit to the Project Area and help eliminate blighting conditions; and WHEREAS, the Public Facilities Agreement will provide for community use of the pool including community swim lessons and recreation; access for special populations; SCUBA lessons; and collaboration with other agencies; and WHEREAS, in connection with the proposed grant of $300,000 and the Public Facilities Agreement, the Agency and Town Council have conducted a duly noticed public hearing pursuant to Section 33679 of the Redevelopment Law, and the Agency has prepared and made available for public inspection the summary report required by Section 33679 ofthe Redevelopment Law, a copy of which is on file with the Agency; and WHEREAS, the Los Gatos -Saratoga High School District will comply with all CEQA requirements. NOW, THEREFORE, BE IT RESOLVED, that the Town Council/Agency ofthe TOWN OF LOS GATOS does hereby consent to the provision of public improvements by the Los Gatos Redevelopment Agency in regard to partial funding of the new pool at Los Gatos High School. BE IT FURTHER RESOLVED, that the Town Council/Agency hereby finds that the new pool will eliminate blight, will be of benefit to the Project Area and the immediate neighborhood of the Project Area, will serve residents of the community and will bring people Downtown to shop and eat thus carrying out the objectives of the Redevelopment Plan. 2 3 BE IT FURTHER RESOLVED, that the Town Council/Agency hereby finds that no other reasonable means of financing such public improvements are available to the community. BE IT FURTHER RESOLVED, that the Agency hereby approves the Public Facilities Agreement and the obligations of the Agency under the Agreement, authorizes the Executive Director/Town Manager to execute the Agreement on behalfofthe Agency, substantially in the form on file with the Agency Secretary, and assuming no material changes negatively affecting the Agency/Town's interests. Agency funds shall be used on construction of the pool only and this shall not constitute a "public owned building". The foregoing approval and authorization is conditioned upon the making by the District of the finding required under Section 33445(a)(2) of the Redevelopment Law as interpreted by the court case of Dave Meaney v. Sacramento Housing and Redevelopment Agency (1993, 13 Cal. App. 4th 566). BE IT FURTHER RESOLVED, that the Agency hereby approves and appropriates (to the extent not already appropriated) the amount necessary ($300,000) to fund the Agency's obligations under the Agreement as a lawful expenditure of Agency funds under Redevelopment Law. The Agency's current 2002/03 fiscal year budget is hereby amended to the extent necessary to implement the foregoing appropriation. 3 PASSED AND ADOPTED at a regular meeting of the Town Council/Agency held on the 3rd day of September, 2002, by the following vote: COUNCIL MEMBERS/REDEVELOPMENT AGENCY BOARD MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: ABSENT: ABSTAIN: ATTEST: None None None SIGNED:11/4>, MAYOR OF TTOWN OF iprS GATOS CHAIR OF T REDEVELO' ENT AGENCY BOARD LOS GATOS, CALIFORNIA CLERK/SECRETARY OF THE TOWN OF LOS GATOS REDEVELOPMENT AGENCY BOARD LOS GATOS, CALIFORNIA S:\CSD 090302 ITEM 32A.wpd 4