Loading...
HomeMy WebLinkAboutTC Agd Pkt 2007-05-16 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council May 16, 2007 7: 30 p.m. Closed Session - 6:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION (6:30 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9( a)) County of Marin v. Martha Company CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Berger, Councilmember Smith, Vice Mayor Slavitz, Mayor Gram CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. INTRODUCTION AND SWEARING IN OF NEW POLICE OFFICER · Marcello Pereira PRESENTATION OF 2007 HERITAGE PRESERVATION AWARD . Branwell Fanning, Recipient CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - May 2, 2007 PUBLIC HEARINGS 1. Eminent Domain Ordinance - Recommendation to Introduce and Hold First Reading of an Ordinance Regarding the Tiburon Redevelopment Project's Eminent Domain Policy and Program (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS · Town Council Weekly Digest - May 4,2007 · Town Council Weekly Digest - May 11,2007 ADTOURNMENT Future Meetings: May 21,2007 - Town Council Planning/Commission Workshop (6:00 p.m.) May 22, 207 - Town Council/Design Review Board Workshop (6:00 p.m.) June 2,2007 - Town Council/Homeowner's Summit (10:00 a.m. -12:00 p.m.) July 4, 2007 - Regular Meeting Cancelled GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435, 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere~ Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability/related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing ( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times ar.e assigned to items appearing on the Town Council agenda. //-:(' 1.------' "_._ j i f TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gr called the-"regurarmeeting of the Tiburon Town Council to order at 7:30 p.m. on Wedn sday, May 2,2007, itl Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califomi . I ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Fredericks, Gram, Slavitz, Smith Berger PRESENT: EX OFFICIO: T own Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi ORAL COMMUNICATIONS Gary Glover, Spanish Trail Road, and John Meyer, Paradise Drive, complained of two, new 50- poles installed by PG&E at the terminus of the Lyford Cove Utility Undergrounding District, which have been installed and now stand directly within their view corridors. Mr. Glover, who resides outside of the district, nevertheless asked the Council to require the poles to be moved another 50 feet to ameliorate the problem. Mr. Meyer, who resides within the district, said that he had paid for the lines and poles to come down and asked that they be moved or removed from his view. Mayor Gram said that the Council was aware of the problem and that staff was in serious discussions with PG&E regarding the matter. He said that Mr. Glover and Mr. Meyer would be notified if the matter came back to the Council for action. CONSENT CALENDAR 1. Town Council Minutes - April 4, 2007 2. Town Council Minutes - April 18, 2007 3. Town Investment Summary - Adopt March 2007 Statement (Director of Administrative Services) Town Council Minutes #09-2007 May 2, 2007 Page 1 4. Appeals of Design Review Board Approval of 2135 Vistazo East - Adopt Resolutions DenYing Appeals of Design Review Board Decision to conditionally approve a new Single- Family Dwelling with variances for reduced front yard setback, reduced side yard setback, and excess lot coverage (Associate Planner) Applicants: Appellants: Address: APNo. Joe and Kate Quirk 1) Catherine Halpern; 2)Fani Hansen & Angela Danadjieva 2135 Vistazo East Street 059-082-08 5. Peter Berg Kite Day - Adopt Resolution proclaiming May 5,2007 as Peter Berg Kite Day (Town Clerk) MOTION: Moved: Vote: To adopt consent calendar items, as submitted. Fredericks, seconded by Slavitz AYES: Unanimous ABSENT: Berger ABSTAIN: Smith, Item Nos. 2 and 4 Gram, Item No.2 ACTION ITEMS 1. MMWD Pipeline Replacement Project Equipment Staging Area - Consideration of use of Town property at various locations including the Blackie's Pasture area (where staging is currently occurring) and at the southern Shoreline Point near South of the Knoll field as a temporary construction staging area from May 2007 through completion of the project, anticipated to be October 2007 (Director of Public Works/Town Engineer Nguyen) Director of Public Works/Town Engineer Nguyen gave the report. He said that the MMWD Fire Flow Pipe Replacement contract had been awarded to Ghilotti Construction. He said that in order to complete the project by the anticipated completion date of late September or early October (2007), the company had requested the use of two staging areas, one to park their equipment and the other to stockpile materials. While the Town is not contractually required to provide staging areas for this project, Nguyen pointed out that the Town is a beneficiary, not only of increased water flow reliability but through improvements that would be constructed to the Multi-Use Path as part of the contract. The Director said that nearby staging areas would increase safety and efficiency of the project as well as reduce environmental impacts from reduced truck trips back and forth to the site. Director Nguyen listed several proposed staging areas, delineated on a map hand-out as Locations 1, 2, 3 and 4. He said that none of the proposed areas were without some negative Town Council Minutes #09-2007 May 2,2007 Page 2 impact but he said that Staff believed that Locations 1 (Southern Shoreline Point near South of the Knoll field) and 4 (supplemental Blackie's Pasture Overflow Parking area) were preferable in terms of proximity and reduced new impact on surrounding areas. The other locations presented for consideration were Location 2 (field North of Richardson Bay Sanitary District); Location 3 (Blackie's Meadow/field West of Blackie's Grove). He noted that the sites located to the east of the Sanitary District yard would require Ghilotti Construction trucks to cross the [Sam Shapero] bridge to get to the project area. Ali Yazdi, Ghilotti Construction Vice President, Heavy-Highway Division, said that Location 1 would have the less impact on pedestrians and bicyclists than the other areas; however, he said that Location No 2 was preferable to Location No.4 for materials storage. Mr. Yazdi described the size and use of Location 1, which he said would be an 100 by 100 foot fenced area for small equipment and storage containers. He said that grass would be restored in the area of Location 1, if it were utilized by the company. Councilmember Smith asked whether staging would make a difference in terms of speed of completing the project. Mr. Yazdi said that having a local staging area would eliminate unnecessary moving of materials and equipment on a daily basis; he said that having large trucks in motion from outside the project area would increase traffic and create potential safety hazards on the path. Mr. Yazdi stated that the company had planned to start the project at the beginning (rather than at the end) of May in order to complete on time. He said that if they were not awarded a staging area, there might be delays. Vice Mayor Slavitz asked whether the path would remain open during the project. Mr. Yazdi said that the company was required to provide a minimum six-foot (open) pathway for pedestrians and bicyclists as part of the contract. He noted out that they would work in 250- foot [closed] segments down the path. Kevin McDonnell, MMWD proj ect engineer, said that his agency had placed many constraints in the contract in order to accommodate the public use; he also stated that the contract had been let to one of the most competent and reputable contractors arounQ.. However, Mr. McDonnell said that the agency and town were obliged to facilitate the contractor in order to get the project underway by the end of May. He said that the contractor was ready to start construction immediately. Mayor Gram opened the public hearing. He said that Location 3 was "off the table" because no one wanted to use it. He asked the public to provide a "better idea" if they did not like a particular location for staging. Margo Grundheim, Mercury Avenue, said that people were tired of Location 4 being used for staging. She presented a petition signed by people opposing this use. She also said that Town Council Minutes #09-2007 May 2, 2007 Page 3 Location 1 seemed better as it was closest to the Multi-use Path. If Location 4 were used, Ms. Grundheim asked that it be hidden with foliage. Hazel Caldwell, Sutter Court, submitted a letter to the Council opposing the staging on Shoreline Point or in any public park and open space area. She asked the Council to consider adopting a resolution stating that "our parks and shoreline are off limits to contraCtors." She suggested further discussion of the issue and asked what would happen if there was no [local] place to stage. Larry Smith, speaking in concurrence with the Tiburon Peninsula Foundation Board, also asked the Council to imagine there were no local areas for staging and to proceed on that basis. He said that a precedent would be hard to undo and that the Council needed to take a "courageous stand" to not use parks for construction staging areas. Mr. Smith suggested use of best practices such as ')ust in time," in order to address the need for materials storage in the area. He said that he doubted that it would take any longer to complete the project if storage were elsewhere. He said that projects were completed within the City of Belvedere without local staging areas (on public property). Mayor Gram asked Mr. Smith what he thought of Location 2 (adjacent to the Sanitary District plant). Smith conceded that it was a "more acceptable" location than the others. Margo Zender, Hilary Drive, said that she did not support staging on "sacred" parkland. Karen Tripp, Jefferson Drive, said that the current staging (in Location 4) was very noisy and dusty. She also submitted a petition with 50 signatures and said that she and her neighbors were "appalled" when they had received notice of the proposed project staging in the area.' Mayor Gram asked for additional comments form the contractor. A discussion ensued of staging on the path itself. Mr. Yazdi described the difficulties in staging on a path that was only eight-feet wide; he said that the only way to do this was to use small equipment; larger equipment was needed for ')ust in time" proj ects with which they were familiar. But he said that 10- foot wide trucks would never fit on the path; also that there was no room to stockpile materials on the path. In response to a question from Vice Mayor Slavitz, Mr. Yazdi said that it was not impossible to stage on the path because materials could be stored in the landscaped area (which could later be restored). Mr. Yazdi said that Ghilotti Construction was a savvy contractor and proud of its name; he said that they would not "trash" the area and that the results would be evident. He said that while they were "at the mercy of' the Town, the Town would benefit from the project. Also, he Town Council Minutes #09-2007 May 2, 2007 Page 4 noted that the company had offered to donate a sum of money to the Town in exchange for local staging. Ralph Ardito, Ghilotti Construction Operations Manager, said that he had worked on the path before it existed in its current form (for the sewer installation project). At that time, Mr. Ardito said that the area was closed to the public; in this case, MMWD and the Town had wanted to keep the path open to the public during construction. He noted that it would be "daunting" for both the crews and the public due to a very, very tight fit with little room to work. He said that closing the path would make safety less of an issue for all involved, but noted that there were trade-offs. Mr. Ardito said that Location 4 was already a parking lot (as opposed to parkland) and its use would lighten the loads of trucks getting onto the path. Mayor Gram asked if the path were closed, would there be enough room for materials and equipment storage. Mr. Ardito replied affirmatively. Petey Stein, Lagoon Road, Belvedere, asked how much time would be saved through path closure. Ali replied that it would "double our production" and the project could be done in half the time. Mr. McDonnell said the other possibilities that had been considered were working at night and staging into the street (detours on Tiburon Boulevard). Neither of these options had been considered acceptable, according to McDonnell. Vice Mayor Slavitz described how the project would progress on the path, with workers in a "cage" of 250 feet length, and the new path would appear behind them as they moved along. Mr. McDonnell added that the MMWD contract had required that they also have a flagman "walker" with every vehicle that came onto the path. He added that "we have tried to help in every way possible" to ensure the safety and success of the project. Mayor Gram closed the public hearing. Councilmember Fredericks asked if there were changes to the contract, such as allowing path closure, would the contract have to be re-bid. Mr. McDonnell said that it probably would have to be. Director Nguyen added that staging in any CAL/TRANS right-of-way would require encroachment permits from that agency, as well, thus causing further delays. Vice Mayor Slavitz noted that none of the locations considered for staging really "worked" for the community. He said that he had received many calls after the Town allowed the use of Location 4 for the Lyford Cove staging; he also noted that the Council had said that it would not allow that use again. Town Council Minutes #09-2007 May 2, 2007 Page 5 Slavitz said that Mr. Smith was correct to state that allowing these areas to be used for staging was letting the "genie out of the bottle." Vice Mayor Slavitz said that the project would create havoc because it was being staged during the summer months when there were a lot of people using the Multi-Use Path. He said that the alternatives to staging would be to bring in materials every day, to talk to the City of Belvedere (the other beneficiary of the project) to stage in their jurisdiction or at their Corporation Yard; to look for storage at the Tiburon Corporation Yard (Director Nguyen responded that there was no room for additional storage in that location); and to look at commercial locations for staging. He said that the door should be left open for discussion on these locations. Councilmember Fredericks offered what she said was "another perspective." She said that Staffhad called other cities to discuss staging and had discovered that other municipalities had staged in open space areas and parks in their jurisdictions when off-site staging was a problem for large public works projects. Ms. Fredericks said that local staging would allow more flexibility, was safer and that the control of equipment and number of trips could be better managed. She expressed concern about the size of trucks on the Multi-Use Path and on the Boulevard, if local staging was not utilized. Fredericks said that she did not think that allowing staging would set a precedent and that it was important for the Town to consider projects one by one, and to keep control of the projects through this process. She said that the project should be done as efficiently and quickly as possible to avoid prolonging the inconvenience. Fredericks said the public project was necessary because it was for the betterment of the community by improving the reliability of the water supply to the Town (and peninsula). Councilmember Smith said that the previous use of Blackie's pasture area for staging was an unusual circumstance and one that the Council had tried to resolve. He said that the Council did not know how that provision had gotten into the bid documents for the Lyford Cove project and that efforts to remove it had failed. Now, Smith said, "Blackie needs a break." He said "enough is enough" in that location. Smith said that the Town had no contractual obligation to provide staging for the MMWD contractor, and that the project could be accomplished without [local] staging. However, he said that the public might not like the consequences of increased traffic on Tiburon Boulevard and other outcomes. Councilmember Smith said that this was a very important project for the community; he said that the improvements to the water supply as well as to the path itself should be considered in the final decision. Smith said that Location 1 would be a good staging area for the project; Location 4 would not be considered; Location 3 was neither big enough nor practical and was too close to homes; Town Council Minutes #09-2007 May 2, 2007 Page 6 Location 2 was preferable in that it was already a parking lot for the Sanitary District and historically had been used for staging for material and equipment. Mayor Gram concurred that the project was essential and would benefit the Town and provide improvements to the Multi-Use Path. He said that the big trade-offwas to keep the path open; if the path were closed, the project could be done in half the time. However, the Mayor said that the Council would need to hear from "thousands of people" who use the path before it would take such an action. Gram also agreed that Location 2 was preferred among the options discussed. Vice Mayor Slavitz asked whether the contractor should be given time to evaluate the location and for the Town to evaluate other options. Mr. Ardito said that Location 2 "works fine for us." Councilmember Smith asked whether the offer to contribute $ 1 0,000 would still stand. Company representatives affirmed this statement. Councilmember Fredericks asked about the possibility of using the money to accumulate to an account for future staging on private sites. MOTION: To authorize the use of Location 2 for use by MMWD contractor Ghilotti Construction, and to accept the $10,000 donation by the company to the Town. Smith, Fredericks AYES: Unanimous ABSENT: Berger Moved: Vote: 2. Agreement re: Annexation of 3820 Paradise Drive - Recommendation to Approve and Authorize Town Manager to Execute an Agreement with the owner of the Sorokko Property located south ofSeafirth Estates at 3820 Paradise Drive (Director of Community Development) Property Address: 3820 Paradise Drive Property Owner: Sorokko Assessor Parcel No. 039-302-01 Director of Community Development Anderson gave the report. He said that the Council subcommittee worked on the annexation agreement, which was slightly different from previous annexation agreements crafted by the Town, in that it would allow the applicant (Mr. Sorokko) a guarantee of waiver of annexation by the Town for five years. The agreement would in essence allow Mr. Sorokko time to process his application through the County of Marin and at the same time, hook into a public sewer line should the Lands of Jansheski project go forward. Town Council Minutes #09-2007 May 2, 2007 Page 7 Mr. Anderson submitted an updated version of the agreement which contained all of the Exhibits and included a one-word change to the text on page 3 of the agreement, which he described for the Council. Councilmember Fredericks asked what would happen to Mr. Sorokko's application in the absence of this agreement. Mr. Anderson said that if any public sewer line came within 400 feet of his property, Mr. Sorokko would be subject to certain County of Marin and LAFCO po licies which would probably require the shift of his development applications to the Town's jurisdiction. Ms. Fredericks asked what LAFCO' s obligation was to honor the agreement. Mr. Anderson said that LAFCO's policies allowed deferral of the dual annexation policy as long as there was a reasonable end date to the agreement. Ms. Fredericks asked why the applicant was so passionate about this issue. Mr. Anderson said that Mr. Sorokko' s represenentative, who was present, could best answer this question. John Roberto, land planning consultant for Mr. Sorokko, said that his client did not Want to be forced into the [ sewer] project in a manner that would compromise his years of processing with the County, and that he needed to have some other environmental issues addressed, as well. Mr. Roberto said that it was anticipated that the Lands of J ansheski sewer line would likely be installed this summer and that his client would support it as long as his interests were protected. Vice Mayor Slavitz said that the agreement was a good compromise that helped move both proj ects forward. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: To approve the Agreement, as revised, and to authorize the Town Manager to execute it on behalf of the Town. Fredericks, seconded 'by Slavitz A YES: Unanimous ABSENT: Berger Moved: Vote: PUBLIC HEARINGS I. Proposed Amendments to Chapter 16 of Town Code (Zoning) _ Second Reading and Adoption of Ordinance Amending Zoning Code _ (Planning Manager) · Amendments to floor area ratio limit, lot coverage and building height requirements in the NC (Neighborhood Commercial) and VC (Village Commercial) zones to achieve consistency with the Downtown Element of the Tiburon General Plan Town Council Minutes #09-2007 May 2, 2007 Page 8 · Amendment to building height measurement method regulations to clarify how building heights are measured · Amendment to Site Plan and Architectural Review requirements for skylights and re-roofs , · Amendments to the definition of "basement" Council waived the staff report. Mayor Gram opened and closed the public hearing, as there was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Smith, seconded by Fredericks AYES: Unanimous ABSENT: Berger Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code by Making Text Amendments Thereto." MOTION: Moved: Vote: To adopt ordinance as written. Smith, seconded by Slavitz AYES: Fredericks, Gram, Slavitz, Smith ABSENT: Berger WEEKLY DIGESTS · Town Council Weekly Digest - April 20, 2007 · Town Council Weekly Digest - April 27, 2007 TOWN MANAGER'S REPORT Town Manager Curran said that the Town had received from the Mayor a copy of a sign used in Mill Valley to post information on construction projects. She said that the Town would develop a similar sign to inform residents of large projects, including substantial home remodels. On another matter, Ms. Curran said that the Marin County Grand Jury had given the cities an option to comment on their current report on the Health & Wellness Center in San Rafael. She said that the Town Attorney and she recommended a "pass." Council concurred with Staffs recommendation. TOWN COUNCIL REPORTS Councilmember Fredericks reported that at the last TAM meeting, the County's Public Works Department had offered assistance to cities with the non-motorized programs. Town Council Minutes #09-2007 May 2, 2007 Page 9 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:35 p.m., to the next regular meeting scheduled for May 16, 2007. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #09-2007 May 2, 2007 Page 10 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting May 16, 2007 Agenda Item: PH _ ( STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Introduce and Hold First Reading of an Ordinance Regarding the Tiburon Redevelopment Agency's Eminent Domain Policy and Program Reviewed By: BACKGROUND The use of eminent domain (condemnation) generated much controversy recently in response to the Kelo v City of New London case decided by the United States Supreme Court in 2005. That ruling essentially upheld the right of a municipality or redevelopment agency to condemn private land for economic development purposes, and then transfer that property to another private owner. The Court held that the general benefits a community enjoyed from economic growth qualified that eminent domain practice as permissible "public use" under the takings clause of the Fifth Amendment. Reaction was swift across the nation. For example, while voters in California defeated an initiative that would have (among other things) outlawed the type of eminent domain activity performed by New London, other measures aimed at curbing the use of eminent domain passed in other parts of the country. The California State Legislature passed two bills addressing the eminent domain issue across the state, both of which were signed into law by the Governor and which require action by the Town of Tiburon. The ordinance before the Town Council complies with requirements of both of the recently-enacted statutes. ANALYSIS Senate Bill 53 enacted Health & Safety Code section 33342.7 of the Community Redevelopment Law, requiring that the Town Council adopt by ordinance a description of the Tiburon Redevelopment Agency's program to acquire real property by eminent domain. The purpose of this legal requirement appears to be aimed at making a redevelopment agency's eminent domain policy and program more easily accessible and more clearly understood; such policies and programs are frequently contained only within lengthy Redevelopment Plan documents seldom seen by the public. Assembly Bill 1809 enacted Health & Safety Code section 33373(c) to the Community Redevelopment Law, requiring that the Town adopt and record a revised Statement of Institution that includes a description of the Redevelopment Agency's program to acquire real property by eminent domain. The purpose of this law appears to be aimed at ensuring that eminent domain Town Council Meeting May 16, 2007 policies will be clearly and directly disclosed in any title search on property located in a redevelopment project area. The statutes make no exceptions for compliance, even if a Redevelopment Agency has no power of eminent domain, or if its eminent domain authority has expired by operation of law, as is the latter case for the Tiburon Redevelopment Plan. Redevelopment Agency Counsel recommends that the most prudent course of action is to comply fully with the statutes despite their total lack of meaningful applicability to the Town's Redevelopment Plan. ENVIRONMENTAL STATUS Adoption of the Ordinance does not constitute a project under CEQA. FINANCIAL IMP ACT Staff sees no financial impact to the Town or to the Tiburon Redevelopment Agency from the adoption and implementation of this Ordinance. RECOMMENDA TION Staff recommends that the Town Council: 1. Take any public comment on this ordinance. 2. Move to read the ordinance by title only, adopt the motion, and read by title only. 3. By roll call vote, pass first reading of the ordinance Exhibits: 1. Draft Ordinance Prepared By: Scott Anderson, Director of Community Development~ TOWN OF TmURON Page 2 of 2 RECORDING REQUESTED BY: TIBURON REDEVELOPMENT AGENCY WHEN RECORDED RETURN TO: Tiburon Redevelopment Agency c/o Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 1?'!..:~':"~~" \r~\ \ ~, \ I'. t \;'::.:~~;~ :-" ~.-:'t'ft".::~.~: '..~. '. . . '.\ t~-:-.,"" .~. r-, ., I., ~ ~ r.'''~.~,,,_. '....'.....:'.'.'~.'.x. l.i~i~r\.\,., . '\.' ,...--' ..'. ~ \ ~,~ 'i ' ." II '1I ~, \\ .>> Ii "'\\ ~ ~~.: \: r. \:i, L~ <. ;. _. , \, ~ ' \ !! r , \ fFZ:;::n'\, \~ ; ~ "':/! \ \ \ f;' \.1\'1:>], l. '.: '", ........= .! NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN AND ADOPTING A REVISED STATEMENT OF INSTITUTION FOR THE REDEVELOPMENT PLAN FOR THE TIBURON REDEVELOPMENT PROJECT AREA AND TAKING RELATED ACTIONS WHEREAS, the Town Council of the Town of Tiburon adopted the Tiburon Project Area Redevelopment Plan by Ordinance No. 279 N. S. adopted on November 28, 1983 (the "Redevelopment Plan", establishing the Tiburon Redevelopment Project Area (the "Project Area"); and WHEREAS, the Project Area is situated in the County of Marin, State of California, as set forth in the Redevelopment Plan for the Tiburon Redevelopment Proj ect, recorded on December 27, 1983 as Recorder's Serial No. 83-65111, of Marin County Re~ords; said Project Area being more particularly described on Exhibit A attached hereto; and WHEREAS, the Redevelopment Plan authorizes the use of eminent domain under specified circumstances to acquire real property by the Redevelopment Agency of the Town of Tiburon (the "Agency"); and WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community Redevelopment Law, which requires the Town Council to adopt by ordinance a description of the Agency's program to acquire real property by eminent domain; and WHEREAS, the Agency has prepared the required description of the program (the "Acquisition Program") which is attached to and incorporate.d in this Ordinance as Exhibit B; and Town of Tiburon Ordinance No. --- N. S. Effective --/--/2007 Page I EXHIBIT , WHEREAS, the Agency has prepared and submitted and the Town Council has reviewed and considered the staff report on this Ordinance; and WHEREAS, the Agency staff has prepared and submitted to Town Council for review and adoption a CEQA Notice of Exemption for the Ordinance; and WHEREAS, the Town Council has held duly-noticed public hearings on this Ordinance on May 2, 2007 and May 18, 2007; and WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community Redevelopment Law, which requires the Agency to record a revised Statement of Institution which includes a description of the Agency's program to acquire real property by eminent domain (the "Statement"); aild WHEREAS, Agency staff has prepared and submitted the Statement to the Town Council for its review and approval and said Statement is attached as Exhibit C hereto. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON: Section 1. true and correct. The Town Council hereby finds and declares that the above recitals are Section 2. It is hereby found and determined that the adoption of this Ordinance is required by law is thus necessary and desirable. Section 3. In compliance with Health and Safety Code Section 33342.7, the description of the Agency's Acquisition Program for the Project Area, as set forth in the attached Exhibit B, is hereby approved and adopted. Section 4. The Town Council hereby approves the CEQA Notice of Exemption and directs the Town Clerk to file the Notice of Exemption with the County Clerk of the County of Marin. Section 5. attached hereto. The Town Council hereby approves the Statement set forth in Exhibit C Section 6. The Town Clerk is hereby directed to file a copy of the Ordinance, CEQA Notice of Exemption and Statement with the minutes of this meeting. Copies of this Ordinance and the Statement shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Ordinance. Section 7. The Executive Director of the Agency is hereby directed to record the Ordinance and the Statement in compliance with the provisions of Health and Safety Code Sections 33342.7 and 33373(c), and Government Code Section 27295. Town of Tiburon Ordinance No. --- N. S. Effective --/--/2007 Page 2 Section 8. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May 16, 2007, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. --- N. S. Effective --/--/2007 Page 3 "'-' ! ,~ l 1 -l 1 1 1 1 1 1 1 p: I I 1 1 J J t J "" ~ .. EXHIBIT A Project ;'.rea Tiburon RedeveloDment Plan All those certain aieas situated in the Town of Tiburon, . , County of Marin, State of California, described as follows: Area ".'A." .. , Beginning at the most southerly corner of Parcel 1 as said parcel is shown on the map entitled "Hap of Belveron Gardens Unit One, Marin County,.Calif~rnia, r~~?rded in April, 1950 in Volume 7 of Official Haps Page 2, Harin County Records, said Point of Beginning also being on the northerly right-oi-wav line of Tibuton Boulevard (State Highway 131) and on the easterly line.of the forme~ Northwestern Pacific Railroad Company right- of-way, thence leaving said northerly right-of-way line of Tiburon Boulevard' and easterly right-af-way li~e of Narth~ewstern Pacific Railroad COffi?any along the westerly right-ai-way line of Trestle Glen Boulevard North 790 18' East, 1.65 feet to a point; thence from said point along a circular curve to the left the center of which bears North 100 42' West a radius of 185 feet, through a central angle or 450 41' 00", an arc length of 147.51 .feet to a point; thence from said point North 330 37' East, . , 199.31 feet to a point; thence leaving said westerly line of T=estle Glen Boulevard South 560 23' East, 60 feet to' a point 'on the'easterly right-of-way line of Trestle Glen Bouleva=c, thence along said line South 330 37' West, 148.88 feet to a point; thence from said point along a circular cu~ve to the left the center of which bears Sou~h 120 feet, through a central a~gle or 117.25 feet to a point; thence from East, 140.21 feet to a point on the northerly right-of-~ay line of Tib~=on Boulevard; thence leaving said easterly line of 560 23' LC.st, a rac.ius of 550 '-Q' an arc length or ,).,1 , said point South 220 22' " \ . . \. . '\. l li ...a.I \... Trestle Glen Boulevard and the no=therly right-of-~ay line of Tiburon Bou levard, South 67038' ";e st, 30 feet to point "X", point -"X" being oOn the cente~line of Tiburon Bo~levard rigtt- of-way, ~hich is 60 feet wide; thence contin~in9 along bearing South 67038' west, 30 fee~ to a point on the southerly right- of-way line on Tiburon Boulevard, said point also being a ~ point on curvei thence from said point along a ci~cular curve '. to the left, the center of which bears South 6703811 }'iest, a radius of 185 feet, through a central angle of 61006'21", an arc length of 197.30' feet to a point; thence leaving said southerly line of Tiburon Boulevard, North 3028' 2111 \'iest, 62 feet to the Point of Beginning. l l 1 1 I 1 l. r I I I I J 1 Je J J Area "BII .. p t "X", BeSlnn~ng at _oin as said point is described in the above descri?tion of 'p...rea "A", Point "X" being on the cente:- lin~ of a 60 feet wide right-of-way of Tiburon Boulevard, lying 30 feet on either side of said centerline, t~e centerline of said right-of-way (Redevelopment Area) being described as follo'ws: Beginning at said Point "XII and running along a circular curve to the right the center of ~hich bears South 67038' West, with 2. radius of 215 feet, through a central angle of 36004'30", ~n . arc length of ,135.37 feet to a point, thence from said point South 13042'30" West, 154.54 feet to a point; thence frcm said point along a circular curve to the left the center of which bears North 76017'3011 \'lest, a radius of 500 feet, through a central angle of 35045'30", an arc length of 312.05 feet to a point; th~nce from said poi~t along a circular curve to the left, said curve having corr~o~ tangent Nith the previous cu=ve .~ ... ,.J-" at salQ po~n~, w~~n a radius of 1372.4 feet, through a cen~=al angle of 13028'30", an arc length of 322.78 feet to a point; thence ~rom said point along a circular curve to the left, said curve having a corru~on tangent y;ith the previous curve at said point, 'a radius of 2308 Iee~1 through a central angle of ;) " \... . l J" \.. l 1 1 1 1 1 1 lG-- 1 J J J J J J~ J J 1048', an arc le~gth of 72.51 feet to a poi~t; thence from said point South 37019'30" East, 222.19 feet to a . poi~t; thence from said point along 'a circular ~urve to the Ie it the center 0 f v,~hich bears North 52040 t 30 II East, a radius of 4050 feet, through a central angle of 2006'00', an arch length 9f 148.44 feet to a point, thence from said point along a circular curve to the left, said curve having a co~~on tangent with the previous curve at said point, a radius of 2805 feet, through a central angle of 13054', an arc length of 680.50 feet to a point; thence from said point along a circular curve to the left, said curve having a conunon tangent with the previou:s curve at said point, a radius of 1000 feet, through 2 central angle of 20046'30", an arc length of 362.59 feet to a po'int; thence from said poin't',~' South 74006 ""Ea~t, 122.92 feet to a point; thence from said point along a circular curve to the right the center of which bears South 15054' West, a radius of 500 feet, through a cent.ral angle of 53012' 01", an arc length of 464.26 feet to a point; thence from said point South 20054' East, 133.53 feet to a point; thence from said point along a circular curve to the left the center of which bears North 69006' East, a radius of 500 feet, through a central angle of 63030', an arc length of 554.14 feet to a point; thence from said point South 84024" East, 100 feet to a point; thence from said point along a circular curve to the right, the center of which bears South 5036' West, a radius of 500 feet, through a central angle ~f 53000', an arc length of 462.5l feet to a point; thence from said point South 31024' East, 564.95 feet to a point; thence from said point along a circula~ cu=ve to the left, the center of which bears North 58036' East, a radius of 1000 feet, th:::ough a central angle of 17041'30", an arc length of 303.78 feet to a point; thence from said point South 49005'30" East, 119.98 feet to a Joint; thence from said point along a circular curve to the right, the centei 0: which be a r s SOU t h 4 0 0 5 4 ' 3 0 II \.~ est:, a r ad ius 0 f 11, 5 14 fee t, t hr 0 ugh a . I .. 203-' central angle o~ ~, an, a=c length of ~19.14 feet to a . ... pOl.nL..; 3 , ........' l J{ 1 l l l 9 1 1. l~ I I I I J J J l J J then'ce from said point along a circular curve to the right said curve having ~ corn.:non "tangent wi t.h the previous curve at said point, a radius of 2920 feet, through a ~entral angle of 6002'30", an arc length 307.91 feet to;a point; thence from said point South 40028' East, 908.90 feet to' . Point "Y", said Point "Y" being the Point of Beginning of a circular curve to the left, with a radius of 1750 feet, said point also being the point of .beginning or 80 feet wide rigbt-of-way of.Tiburon Boulevard, (the northerly right-of-way line being 50 feet from said point and the southerly right- of-way line being 30 feet from said point). Area lie" Beginning at Point "Y" as said point Point is described i:1 the above description of Area IIBu, thence from said Point "Y" South 49032' West, 30 feet to a point, said point being on the southerly right-of-way line of Tiburon Boulevard (State Highway 131), thence from said point along the southerly right-of-way line 'of Tiburon Boulevard alo~g a circular c~rve to the left, with a radius of 178D feet (t), an arc length of 691.55 feet (z), to a point; thence from said point South 62054' East, 1157.95 feet to a point; thence from said point along a circular curve to the right, the center of which bears South 27006' West, with a radius of 1463 feet through a central "angle of 33021'" an arc length o~ 847.99 feet to a'point; thence from said point South 29033' East 365.08 feet to a point; thence .from sa~Q point along a circular curve to the left, the ce~ter of whi~h bears North 60027' East, with a radius of 927.37 feet, , 1 1 .::: 70" 3 1 22" ") , t" - , 2- througn a centra ang e o~ ~ lz , 'an arc _eng n 0= - ~ . ~ ~. - . ... · 25 0 30 1 II feet (t) to a po~n~; ~hence ==om sa~Q po~nt Soutn 30 East 325.70 feet to a point; thence from said point along a circular curve to the left, the center or which bears No=th 64029'30" East, with a radius of 1050 feet, through a cen7.ral angle of,27046', an arc length of 508.85 feet to a point; thence from said point South 53016'30" East, 496.52 feet toa point; Lf- .. \ ....' l Jt l l l l 1 1 1 IG I I I J J J Je J I thence- f~a~ said point along a circ~lar curve to the left, the cen ter of \.:hich bear s So~th 36043 I 30" ~'~es t, with a = ac3.i us of 1050 feet, through a central angle of 10013117", an arc length , of 187.32 feet to ,a point; thence from said point, along a circular curve to the right, having a cO~uon tang~~t with the previous curve at said point, a radius of 950 feet, through a central angle of 10015'48", an arc length of 170.17 feet to a' point; thence from said point South 530191 East 179.75 feet to i point of intersection with the most southerly right-ai-way line of Tiburon Boulevard, and the most northwesterly right-of- way line of Beach Road, thence from said point of intersection along the said most southerly right-at-way line of Tiburon Boulevard, South 53019' East, 80 feet (t) to a point of inter- section of northeasterly right-of-way line of Beach Road ,and most southerly right-oi-way line o~ Tib~ron Boulevard, thence from said intersection point South 53019i East, 925.20 feet to a point of intersection of most northwesterly right-of-way. line of Juanita Lane and most southerly right-oi-way line of Tiburon Boulevard; thence from said intersection point South 53019" East, 30 feet (i) to the intersection point of most northeasterly right-of-way line or Juanita Lane and illOSt southerly right-of-way line of Tiburon Boulevard, thence from s~id intersection point South 53019' East, 107.64 feet {i} to the intersection point of most 'northwesterly right~of-way line of Main Street and most southerly right-of-way line of Tiburon Boule- vard; thence leaving said most southerly right-of-way line of Tiburon Boulevard, South 53019' East, 52.80 feet (i) to a point on most southerly right-of-way line of'Main Street, the~ce fro~ 'said po~ntalong said southe=ly right-of-way line North 700l0'30~ East, 60 feet; thence leaving said southerly right-of-way line of Main St=eet South 19049' E~s~, 240.07 feet; South 1005' West, - 25 0 . 60 fee t ,j E as t 8 0 6 . 5 0 fee ~ ; South 8 3 0 E a s t, 4 3 8 . 9 0 fee t ; North 610451 East, 195.60 feet; North 410531 West, 6~.64 feet (i) to a point on the nost southe~ly right-c~-~ay line 0: Pcracise Drive; thence along said southerly right-of-way line No::-th 69010' 'East, 119.88 feet; North 50014' East, 131.32 feet; North 16054' 8.;:: ..1-..1- '.L.' . l' . d . . , East, 244.3 ~ee~ ~o a pOln~; ~ne~ce _eavlng sa~ sou~ner~y s . . , l JJ ,z '- 1 1 1 1 1 1 l. I~ I I J I 1 I Je I I .., . r iSh t- of -",'ay , . ....:l.ne of Paradise Drive North 72033' West, 40 feet ( :: ) ~o a point on the most northerly right-ai-way line of Paradise Drive, thence leaving said point and line North 72033' West, '. ' 748 feet (i) to a point on the southerly right-o~-way line of !-~ar '~est Street ~ thence leaving said point and l:i,ne North 16052' East, 50 feet to a point on the most northerly right-of-way line of Mar West Street, thence along said northerly right-of-way Line North 73008' West, 150 feet (t) to a point of intersection of the northerly right-oi-way line of Mar West Street and most south- easterly right-ai-way line of Las Lomas Lane; thence from said point of intersection along said northerly right-oi-way line North 73008' West 38 .feet (t) to the point of intersection of northerly rig~t-of-way line of Har ~\'est 2.r.d southwesterly right-of-way line of Las Lomas Lane, thence from said point of intersection North 73008'~ West, 290,feet (t); ~orth 520171 West, 378 feet (t); North 7042' West 310.5 feet~ North 18047' West, 105.7 feet; North 46054' West, 92.11 feet; North 6'5047' West, 63.73 feet; North 83007' West, 80 feet; North 870581 West, 160 feet to the point of intersection of northerly right-of-way line of Mar West Street and the southeasterly right-ai-way line of Esperanza Street, thence from the said point of intersection along said northerly right-ai-way line of M~r West Street 50 feet (=) to the point of intersection of northerly right-of-way line of Mar West Street and the northwesterly right-af-way line of Esperanza Street; thence from said point of intersection South 54003' West, 65 feet; North 59049' West, 200 feet, North 670 West, 92.5 feet (i) to a point; thence from said point along a circul~r curve to the right, along the northeasterly right-ai-way line of ~'~ar h'est S-:.reet f an arc length of 49.56 feet (:t) to a point; thence from said point North 10020' West 93.5 feet to a point; thence frOm said point along a circular curve to the risht, the ce~ter of ~hich bears No~~h 79040' East, ~i~h a radius of 40 f ~h - cenJ-r=>l ang1_p 0'_: ~2020', "1 a-r 1 ~h 36 54 _ e e t , I.- ~ 01..1 9 h Co . ~ - ~ - . - oJ_n - c en 9' l- ~ 0 f . feet to a point, thence from said point ~orth 430 East, 185.90 feet; North 33013' Ecst, 49.19 feet to a point; thence from said point along a circular curve to the left along the ~ost easte::ly :-isht-of-v;ay line of !.iar "~est Street \..,ith an arc length ~ . \ l * l 1 1 1 1 1 1 ~'~~ I I I I J J J( J I '.... . of 57.6 feet to a point; thence from said point North 3011' West, 78 feet to the point of intersection of northeaste=ly right-of-way line of Mar West Street and the most southwester~y right-of-way line of Esperanza Street, th~nce from said point .of intersection along said northeasterly right-of-way line of Mar West Street along a circular curve to the left, a radius of 305 feet to the point of intersection of the northeasterly right-of-way line of Mar West street and the rnos~;northwesterly right-of-way line of Esperanza Street; thence from said point of intersection along said circular curve to the left having a radius of 305 feet, an arc length of 150.75 feet to a point; thence from said point North 43003' West, 189.64 feet to a point; thence from said point along a circular curve to the left, the center of which bears South 46057' West, a radius of 230 feet through a central ~ngle of 78005' 57", an arc length of: 325. 56 feet to, a point; thence fro~ said point South 55051' West, 577.66 feet to a point; thence from said point along a circular curve to the right, the center of which bears North 34009' West, with a radius of 420 f~et through a central angle of 50047', an arc length of 372.26 fe~t to a point; thence from the said point North 73022' West, 166.4 feet to a point; thence from s2..id point along a' circular curve to the right, the center of which bears North 16038' East, with a radius of 355 feet, through a central angle of 16045'40", an arc length of 103.85 feet to the point of intersection of northerly right-ai-way line of Mar West Street and northerly right-of-way line of Tiburon Boulevard; thence from the said point of inter- ~ection along the northerly right-of-way line of Tiburon Boule-' vard North 24004'30" Y~est, 4.17 feei;. to a point; thence from s'aid ,Doint along a circular cu~ve to the left the center of which bears ~ . South 65053' 30" ~';es t, a radius of 1050 feet through a central angle of 8044'08", an a=c length of 160.09 feet to the point of inter- ... section of ,northerly right-of-way line or Tiburon Boulevard and the centerline of Harbor Oak Drive; then( = frcm said point of iDtersec~ion along said northerly right-or-walT ,line of Tiburon Boulevard and continuing along said circular curve to the left, a radi\:.s of 1050 feet t~rough a central angle of ~029'22", an arc , .. . _eng,":n of 82.27 feet, to a point; thence t:-om saic. point. 7- EXHIBIT B PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire real property located within the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever for the purpose of providing needed land for construction of any of the improvements set forth in Section A of the Redevelopment Plan for the Tiburon Redevelopment Project or for development of moderate-income housing. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. With the exception set forth below, the Agency is authorized, however, to acquire property devoted to a public use, ifit is transferred to private ownership before the Agency completes land disposition within the Project Area. As described in Part IV.A of the Redevelopment Plan for the Tiburon Redevelopment Project, the Town Hall and Reed School properties have been included in the Project Area as possible sites for future Agency-assisted moderate-income housing should the use of those properties by the Town and the Reed School District be discontinued. The Agency may not acquire these properties from the Town or the School District without the consent of those public bodies. As a further imitation on the Agency's land acquisition authority, the Agency may not acquire the Reed School property by the power of eminent domain from any non-public entity to which the School District may transfer the property in the future. ~ l { 1 l 1. 1 1 1 1 ~...... I I I I J J t I I - "'. !torth "37 c 20' "~est, 6 6 8 . 5 0 feet to the poin~ c: intersection c: t.he southeasterly right-of-way line of Lyfo:::-d D:::-ive ana the northerly right-of-way line of Tiburon Boulevard; the~ce fro~ . said point of intersection alo~g said northerly '~ight-of-way line of Tiburon Boulevard North 29044'10" East, 919.02 feet to a point on the southeasterly right-of-way line of Lyford Drive; th~nce leaving said right-of-way line North 600l5~50" West, 65 feet ~o a point on the northwesterly right-of-way line or Lyford Drive; ~hen6e leaving said right-ai-way line'North 58050'20" West 591.82 feet~ North 15012' East, 90 feet; North 76046'07" West, 147.96 ... , feet; and South 56005'30" 'Yiest, 142.62 reet to a point on the north- easterly access easement line of Upper Hilarita Drive; thence along said northeasterly easewent 1ine on a circular curve to the right, the center of which bears South 27006' West, a radius of 128 feet, through a cent-ral a~gle o.f 80.019'2.8", an arc length of 179.45 feet to a point; thence from said point along a circular curve to the right, said curve having a co~~on tangent with the previous curve at said point, a radius of 370 feet through a central angle of 39040'32", an arc length of 256.21 feet to a point; thence from said point South 57006' West, 101.50 feet to a point; thence from said point along a circular curve to the left, the center of which bears South 32054" East, a radius of 380 feet, throuah .,I a central angle of 27030', an arc length of 182.39 feet to a pointj thence leaving said northeasterly access easement line North 60024' West, 55 feet to a point; thence from said point along a circular curve to the left, the center of which bears South 60024' Eas~, a radius or 43~ feet, through a centr~l angle of 2030', an arc length of 18.98.feet to a poi~t; thence - Sou~,-h 2~/OOOr, ~.'es~,-, ~ 14 ~ ~ t ~ .r:rom said point - r:6 . - Iee \.. 0 a pain \.. on the northerly right-of-way line or Tibu~on Boulevarc; thence along said northerly right-ai-way line North 62054' ~est, 1030.75 feet to a point; the~ce from said point along a circular cu~ve to the right, the center of which ~)e2.rs No:rth 270061 Ee.st a radius of 1700 feet, through a central' angle of 220261, an arc length of 665.61 feet to a point; thence leaving said northerly riGht-of~wav line of Tiburon Boulevard, South 49032' West "J .. - ...... ~ ',' Y", s a _; d ........'.!'"', ~ n't- b p 'I n 9 t h ~ b ""'I 'I g 50 teet to ~oin\.. ~~. - -~ e ?cin~ or egin~.~n , 0 f 1-. rea ." C " '. g, t NO EXHIBIT C REVISED STATEMENT OF INSTITUTION OF REDEVELOPMENT PLAN THE PROPERTY THAT IS SUBJECT TO THIS STATEMENT IS IN A REDEVELOPMENT PROJECT AREA (THE "PROJECT AREA") The Proj ect Area is subj ect to the Redevelopment Plan for the Tiburon Redevelopment Proj ect Area (the "Redevelopment Plan"). The Project Area is situated in the County of Marin, State of California, and is more particularly described on Exhibit "A" to the Redevelopment Plan for the Tiburon Redevelopment Proj ect, recorded with the Marin County Recorder on December 27, 1983 as Serial No. 83-65111, of Marin County Records. Proceedings for the redevelopment of the Project Area have been instituted under the Redevelopment Plan and the California Community Redevelopment Law (Health and Safety Code Section 33000 et sea.). The Redevelopment Plan authorizes the use of eminent domain by the Redevelopment Agency of the Town of Tiburon (the "Agency") in the Project Area as set forth on pp. 18-20 of the Redevelopment Plan for the Tiburon Redevelopment Project, recorded with the Marin County Recorder on December 27, 1983 as Serial No. 83-65111, of Marin County Records, as generally described below: PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire real property located within the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever for the purpose of providing needed land for construction of any of the improvements set forth in Section A of the Redevelopment Plan for the Tiburon Redevelopment Project or for development of moderate-income housing. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Proj ect Area. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. With the exception set forth below, the Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the Project Area. As described in Part IV.A of the Redevelopment Plan for the Tiburon Redevelopment Project, the Town Hall and Reed School properties have been included in the Project Area as possible sites for future Agency-assisted moderate-income housing should the use of those properties by the Town and the Reed School District be discontinued. The Agency may not acquire these properties from the Town or the School District without the consent of those public bodies. As a further imitation on the Agency's land acquisition authority, the Agency may not acquire the Reed School property by the power of eminent domain from any non-public entity to which the School District may transfer the property in the future. The Agency's authorization to commence any eminent domain proceedings with respect to the Redevelopment Plan has technically expired. Dated: , 2007 Redevelopment Agency of the Town of Tiburon Margaret A. Curran, Executive Director