2011-014-Agency Affordable Housing Cooperation AgreementRESOLUTION 2011 -014
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LOS GATOS
REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE HOUSING
COOPERATION AGREEMENT AND MAKING CERTAIN FINDINGS RELATED
THERETO
The Redevelopment Agency 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
sue.; 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 Health 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 Redevelopment Agency of the Town of Los
Gatos as follows:
Section 1
All of the above recitals are true and correct and incorporated herein.
Section 2
In compliance with Section 33334.2(g) of the Law, the Agency 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 Agency agrees to make the 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 Agency hereby approves the Agreement and authorizes the Agency Executive Director to enter into
and execute the Agreement on behalf of the Agency 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 Agency signatory, such
determination to be conclusively deemed to have been made by the execution of the Agreement by the
Agency signatory.
Section 5
The Agency hereby approves and appropriates (to the extent not already appropriated) the amounts
necessary to fiord the Agency's obligations under the Agreement as a lawful expenditure of Agency funds
under the Law. The Agency's current fiscal year budget is hereby amended to the extent necessary to
implement the foregoing appropriation.
Section 6
The Agency Executive Director 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 7
The Agency Executive Director is hereby authorized to take such further actions and execute such other
documents as may be necessary or appropriate to carry out the Agency's obligations pursuant to this
Resolution and the Agreement.
Section 8
The Agency Secretary shall certify to the adoption of this Resolution.
Section 9
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Los Gatos
Redevelopment Agency, California held on the 7 °i day of March, 2011, by the following vote:
DIRECTORS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Chair Joe Pirzynski
NAYS: None
ABSENT: Barbara Spector
ABSTAIN: None
SIGNED:
CHAIR OF THE BOARD OF DIRECTORS OF THE
LOS GATOS REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST: (\\�
SEC4T,9 ADMINISTRATOR OF THE BOARD
OF THE LOS GATOS REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA