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