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