RDA Resolution No. 11-02 Affordable Housing Agreement RESOLUTION NO. 11 -02
A RESOLUTION OF THE CITY OF CUPE,RTINO REDEVELOPMENT AGENCY
APPROVING AN AFFORDABLE HOUSING AGREEMENT
AND MAKING CERTAIN FINDINGS RELATED THERETO
WHEREAS, the City Council of the City of Cupertino ( "City ") has adopted the
Redevelopment Plan (the "Redevelopment Plan ") for the Cupertino Vallco Redevelopment
Project Area (the "Project Area "); and
WHEREAS, the City of Cupertino Redevelopment Agency (the "Agency ") is engaged in
various activities in its efforts to provide affordable housing and 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 and to provide affordable housing in accordance with the Redevelopment Plan
and Agency's current Implementation Plan (the "Implementation Plan"), the City and Agency have
been working cooperatively regarding the development of affordable housing and certain public
improvements in the Project Area; and
WHEREAS, due to the complexity of affordable housing projects with varying funding
sources, the Agency and the City desire to enter into an Affordable Housing Agreement (the
"Agreement ", a copy of which is on file with the City Clerk and Agency Secretary), with the
Housing Trust of Santa Clara County (the "Trust ") through which the Agency shall provide
funding to the Trust from the Agency's Low and Moderate Income Housing Fund (the "Housing
Fund "), the City shall provide monitoring and reports to the state and the Trust shall work with
developers to develop and provide funding for projects to increase, improve, and preserve the
supply of affordable housing within the Project Area and the territorial jurisdiction of the City,
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
33 100 et seq.; the "Law "), before the Agency can expend money from its Housing Fund outside
the area of the Redevelopment Plan, the Agency and the City must make specified findings
pursuant to Health and Safety Code Section 33334.2(g); 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
affordable housing projects, but does not commit funds to any specific affordable housing
project, in that environmental review required by CEQA shall be completed prior to the
commencement of any affordable housing project pursuant to the Agreement; and
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Resolution No. 11 -02
WHEREAS, the Staff Report, the Redevelopment Plan, the report to City 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 City of Cupertino Redevelopment
Agency as follows:
1. All the Recitals above are true and correct and incorporated herein.
2. In compliance with Section 33334.2(g) of the Law, the Agency hereby finds that:
assistance to affordable housing projects described in the Agreement and located outside the Project
Area will be of benefit to the Redevelopment Plan, in that there is essentially no residential property
within the Project Area and providing the funds would be a multi -year investment that would
benefit Cupertino residents in the provision of affordable housing throughout the City of Cupertino.
This finding is further based on the facts and analysis in the Staff Report incorporated in this
Resolution.
3. The Agency agrees to make the Agency expenditures as called for in the Agreement
for affordable housing projects pursuant to the Agreement, subject to completion of any
environmental review required by CEQA prior to the commencement of any project pursuant to the
Agreement.
4. The Agency hereby approves the Agreement and authorizes the Agency
Chairperson to enter into and execute the Agreement on behalf of the Agency for the funding and
completion of affordable housing projects pursuant to the Agreement, substantially in the form
on file with the City Clerk and the Agency Secretary, 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. The Agency
Executive Director 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.
5. The Agency hereby approves and appropriates (to the extent not already
appropriated) the amounts necessary to fund 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.
6. The Agency Executive Director is hereby authorized and directed to file Notices
of Exemption with respect to the Agreement in accordance with the applicable provisions of
CEQA.
7. The Agency Executive Director is hereby authorized to take such further actions as
may be necessary or appropriate to carry out the Agency's obligations pursuant to this Resolution
and the Agreement.
8. The Agency Secretary shall certify to the adoption of this Resolution.
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Resolution No. 11 -02
9. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City of Cupertino Redevelopment
Agency this 15th day of February, 2011, by the fallowing vote:
Vote Members of the Agency
YES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST: APPROVED:
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Agency Secretar , Chairperson,
City of Cupertino Redevelopment Agency City of Cupertino Redevelopment Agency
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