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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2009-015 (1485/3037) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR PUBLIC IMPROVEMENTS AND PUBLIC FACILITIES, AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT WITH THE SAN LEANDRO UNIFIED SCHOOL DISTRICT FOR USE OF A GYMNASIUM, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679 WHEREAS, the Redevelopment Agency of the City of San Leandro (the "Agency") has proposed the expenditure of up to Two Million One Hundred Seventy Thousand Eight Hundred Dollars ($2,170,800) in tax increment funds for the construction of a new gymnasium and related public improvements (the "Project") by the San Leandro Unified School District (the "District") within the Alameda County-City of San Leandro Joint Redevelopment Project Area (the "Project Area") pursuant to a Financing Agreement by and between the Agency and the District (the "Financing Agreement"); and WHEREAS, in consideration for the funding provided by the Agency, the City of San Leandro ("City") and the District propose to enter into an agreement (the "Joint Use Agreement") pursuant to which the City and the public will be entitled to use the gymnasium to be constructed as part of the Project; and WHEREAS, Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay all or a portion of the cost of construction of any building, facility, structure or other improvements that is publicly owned either within or without the project area if it determines all of the following: a. The buildings, facilities, structures or other improvements are of benefit to the redevelopment project area or the immediately surrounding neighborhood; and b. No other reasonable means of financing the buildings, facilities or improvements are available to the community; and c. The payment of funds for the cost of buildings, facilities or other improvements will assist in the elimination of one or more blighting conditions inside the project area; and d. The project is consistent with the Five Year Implementation Plan adopted by the Agency pursuant to Section 33490; and WHEREAS, Health and Safety Code Section 33679 requires that before a redevelopment agency commits tax increment funds to pay for all or part of the cost of construction of a publicly owned building (i) the legislative body must hold a public hearing, for which notice has been published for at least two successive weeks, and (ii) a summary