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2002-145-Authorizing Execution Of A Public Facilities Agreement For The LGHS Community Pool And Approving A Grant For The ProjectRESOLUTION 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 tothe California Community Redevelopment Law, (Health and Safety Code Section 33000 et sue,; 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 conditionand 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 It is outdated and no longer meets standards for accessibility and competition guidelines.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 foundationhas'been established to seek such private funding. A grant in the amount of $300,000 is requested from the Agency; and WHEREAS, Section 3.3445 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 3:3679 ofthe 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 the Proj ect Area, will serve residents of the community and will bringpeople Downtown to shop and eat thus carrying. out the objectives of the Redevelopment Plan. 2 l 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 thepool 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 Housn. Redevelopment Agency (1993, 13 Cal. App. 4t'' 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 yearbudget is hereby amended to the extentnecessary 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 Pirzynsk, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None ATTEST: SIGNED: MAYOR OFT TOWN DF S GATOS CHAIR OFT REDEVELO ENT AGENCY BOARD LOS GATOS, CALIFORNIA ~~~~- CLERKISECR:ETARY OF THE TOWN OF LOS GATOS REDEV'ELOPIvIBNT AGENCY BOARD LOS GATOS; CALIFORNIA S:\CSD 090302 ITEM 32A;wpd 4