HomeMy WebLinkAboutTC Agd Pkt 1995-03-01
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TOWN COUNCIL AGENDA
TOWN OF TlBURON
1101 TIBURON BLVD.
REGULAR MEETING
MEETING DATE:
CLOSED SESSION:
MEETING TIME:
INTERVIEW TIME:
MARCH 1, 1995
NONE
7:30 P.M.
7:00 P.M.
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PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all
points 01 view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Urn!t Presentations to 3 minutes; (5)
Speak Directly into Microphone.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
Town Hall (415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to
ensure accessibility to this meeting [28 CFR 35.102~35.104 ADA Title II]
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REDEVEWPMENT AGENCY
A. ROLL CALL
B. NEW BUSINESS
1. CECILIA PLACE SENIOR HOUSING PROJECT (Consider approval of
Amended Agreement with EAR - Resolution)
C. ADJOURNMENT
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TOWN COUNCIL
A. ROLL CALL
B. APPOINTMENTS TO COMMISSIONS. BOARDS, COMMITIEES
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda,
other than items on the Consent Calendar. The public will be given an opportunity to speak on each
agenda item at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action
will be refe"ed to the appropriate Commission. Board, Committee or Staff for consideration and/or placed
on a future Council meeting agenda.
D. COUNCIL, COMMISSION OR COMMITIEE REPORTS
- TIlE HILARIT A (Hank Bruce)
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c:\ WPSI\TC\MarIAgenda
L. ADJOURNMENT
K. CLOSED SESSION
7. TOWN'S BUDGET CALENDAR (FY 95/96 & 96/97)
8. FAR EXCEPTION GRANTED FOR 26 PASEO MIRASOL
H. STAFF AND TOWN MANAGER REPORTS-
G. COMMUNICATIONS
5. ACCEPTANCE OF TOWN'S 1993-1994 MUNICIPAL AUDIT
6. SOUTHERN MARIN POLICE CONSOLIDATION PROPOSAL
(Councilmember Nygren)
F. NEW BUSINESS
a. Ned's Way Ad Hoc Committee Report/Recommendations
b. Consideration of Town Council Initiatives Regarding Construction &
Financing of Town Hall Facilities at Ned's Way - Ordinance(s), 1st
Reading
c. Resolution of the Town Council of the Town of Tiburon Ordering and
Calling a Municipal Election in Ihe Town of Tiburon on June 6, 1995 for
the Purpose of Placing Measures on the Ballot
d. Resolution of the Town Council of the Town of Tiburon Requesting the
Marin County Board of Supervisors to Authorize the County Clerk to
Render Services Regarding the Municipal Election to be Held on June
6, 1995
3. APPEAL OF PLANNING COMMISSION DENIAL OF PRECISE PLAN
AMENDMENT (4 Cibrian Drive)
4. 4950 PARADISE DRIVE PREZONING (Ordinance, 1st Reading)
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NEW TOWN CENTER FACILITIES
2.
CECILIA PlACE SENIOR HOUSING PROJECf (Consider approval of
Amended Agreement with EAR - Resolution)
B OJ'4.
E. PUBLIC HEARING
1<, DA :i:J: I
TOWN OF TIBURON
MEMORANDUM
TO: REDEVELOPMENT AGENCY MEETING DATE: MARCH 1, 1995
FROM: TOWN ATIORNEY
SUBJECf: APPROVAL OF AMENDED AND RESTATED DEVELOPMENT,
DISPOSITION AND LOAN AGREEMENT WITH EAH FOR
HIGHLANDS SENIOR HOUSING PROJECf
BACKGROUND
In July 1994, the Tiburon Redevelopment Agency and the Ecumenical Association for
Housing ("EAH") entered into a Disposition, Development and Loan Agreement ("DDLA")
for the Highlands property owned by the Agency. Under that agreement the Agency agreed
to sell the property (consisting of 2.94 acres) to EAH and provide certain other financial
assistance to EAH for the development of the Cecilia Place project, a 16-unit affordable
housing project for seniors.
Afler approval of the DDLA and other land use approvals, EAH submitted an application
for tax credit allocations, a key component in the overall financing of the project. In spite
of an excellent application by EAH, the project did not receive this funding. Since then,
Agency staff and outside counsel have worked with EAH in evaluating alternatives to enable
the project to go fOlward. As previously reported, staff and EAH agree that the most viable
option at this time is to reconfigure the project into 16 efficiency or studio units rather than
the one bedroom units previously considered. This should give us an excellent opportunity
to receive the tax credit allocation funding in the next cycle. In order to address this change
as well as other changes in the sources and uses of funds, staff is proposing an amended and
restated DDLA.
ANALYSIS
The amended DDLA itself with attachments is too lengthy to attach to this report.
However, should any member of the Agency or the public wish to see a copy they may
contact me or the Town Clerk. Attached to this report as Exhibit 2 is a summary of the
amended DDLA as required by statute. This summary gives an excellent description of the
proposed agreement. Set forth below are a few of significant changes to the agreement:
-the 16 units will now be efficiency or studio units rather than one bedroom units.
This change does not require any amendments to the land use approvals already
obtained because the exterior footprints will change only minimally to reflect slightly
smaller units.
-the Agency will increase the amount of its loan to EAR by approximately $60,000
to a total of just under $340,000. The net cost to the Agency for the entire project
will be slightly over $1,000,000 with $560,000 of that already spent on purchase of the
land. The reasons for this change are set forth on page 4 of the attached summary.
It is important to note that as a means of addressing the changes in available funds,
EAR has agreed to reduce the amount of their development fee and to defer some
of that fee
RECOMMENDATION
It is recommended that the Agency conduct a public hearing and after closing the public
hearing adopt the resolution attached as Exhibit 1 authorizing the execution of the amended
and restated DDLA
EXHIBITS
1. Resolution
2. Summary of DDLA
RESOLUTION NO.
A RESOLUTION OF THE TIBURON REDEVELOPMENT AGENCY
APPROVING EXECUTION AND IMPLEMENTATION OF AN
AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN
AGREEMENT FOR THE TIBURON HIGHLANDS HOUSING DEVELOPMENT
AND TAKING RELATED ACTIONS IN CONNECTION WITH SUCH APPROVAL
WHEREAS, the Town Council of the Town of Tiburon (the "Town
Council") has adopted the Redevelopment Plan for the Tiburon
Redevelopment Project Area (the "Redevelopment Plan") on November
28, 1983, by Ordinance No. 279, affecting the Tiburon Redevelopment
Project Area (the "Project Area"); and
WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is
vested with responsibility pursuant to the Community Redevelopment
Law (Health and Safety Code Section 33000 et sea.) (the "Law") to
implement the Redevelopment Plan in the Project Area; and
WHEREAS, the Agency is the owner of an approximately 2.94 acre
parcel of land located outside the Project Area at the end of
Cecilia Way (the "Property"); and
WHEREAS, the Agency desires to cause redevelopment of the
Property through the construction of sixteen dwelling units to be
rented at affordable housing cost to qualified low and moderate
income households, including very low income households, comprised
of elderly persons (the "Development"); and
WHEREAS, the Agency has selected Ecumenical Association for
Housing, Inc. (the "Developer") to serve as the developer of the
Development on the Property; and
WHEREAS, following a duly noticed joint public hearing and
approval by the Town Council and the Agency on July 20, 1994, the
Agency and the Developer have entered into a Disposition,
Development and Loan Agreement dated as of July 1, 1994 (the
"Initial DDLA") providing for disposition of the Property and
development of the Development; and
WHEREAS, for reasons set forth in the Revised Transaction
Summary (described below), the Agency and the Developer desire to
amend the Initial DDLA through execution of an Amended and Restated
Disposition, Development and Loan Agreement (the "Amended DDLA") ,
a copy of which is on file with the Agency Secretary; and
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WHEREAS, pursuant to the Amended DDLA, the Agency will perform
certain functions to prepare the Property, will sell the prepared
Property to the Developer, and will provide a development loan to
the Developer; and
WHEREAS, redevelopment of the Property pursuant to the Amended
DDLA will serve major Redevelopment Plan goals and objectives to
increase the community's supply of affordable housing; and
WHEREAS, the Agency has established a Low and Moderate Income
Housing Fund (the "Fund") pursuant to Health and Safety Code
section 33334.3; and
WHEREAS, the Agency has purchased the Property and proposes
to fund its further obligations and assistance to the Developer as
set forth in the Amended DDLA from monies deposited in the Fund;
and
WHEREAS, the provisions of the Law applicable to the
establishment and use of proceeds of the Fund (Health and Safety
Code sections 33334.2 and 33334.3) expressly contemplate and permit
the use of proceeds from the Fund outside the Project Area upon a
finding that such use will be of benefit to the Project Area; and
WHEREAS, the Agency intends to apply the units to be developed
in the Development toward satisfaction of its Project Area housing
production obligation under Health and Safety Code section 33413 (b)
in the manner permitted by Health and Safety Code Section
33413 (b) (2) (A) (ii); and
WHEREAS, the Agency has placed on file a copy of the Amended
DDLA and the summary called for in Section 33433 of the Law (the
"Revised Transaction Summary") and has made the Amended DDLA and
the Revised Transaction Summary available for public inspection and
copying pursuant to section 33433 of the Law; and
WHEREAS, by staff report accompanying this Resolution and
incorporated herein by this reference, the Agency has been provided
with additional information upon which the findings and actions set
forth in this Resolution are based; and
WHEREAS, the Town Council and the Agency have conducted a duly
noticed pUblic hearing on the Amended DDLA pursuant to section
33433 of the Law for the purpose of receiving the input and
comments of the public on the Amended DDLA; and
WHEREAS, the Town Council has approved the Amended DDLA and
related documents and their execution and implementation by the
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Agency following consideration of the Amended DDLA and related
documents at the above-referenced joint public hearing; and
WHEREAS, a negative declaration (the "Negative Declaration")
has been prepared pursuant to the California Environmental Quality
Act (California Public Resources Code Section 21000 et sea.)
("CEQA"), the State CEQA Guidelines (14 California Code of
Regulations section 15000 et sea.), and the Town's and the Agency's
adopted local CEQA Implementation Guidelines (the "Local CEQA
Guidelines") to consider a series of approvals in connection with
the Development, including a rezoning of the Property, approval of
a precise development plan for the Development, and approval of the
Initial DDLA;
WHEREAS, the Town Council has served as "Lead Agency" under
CEQA with respect to the Negative Declaration and has approved the
Negative Declaration by action of July 6, 1994; and
WHEREAS, the Agency has served as a "Responsible Agency" under
CEQA with respect to the Negative Declaration in considering its
actions pursuant to this Resolution; and
WHEREAS, the Agency has complied with the requirements for a
Responsible Agency in the review and consideration of the Negative
Declaration in accordance with the requirements of the State CEQA
Guidelines (14 California Code of Regulations, section 15096) and
the Local CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Tiburon Redevelopment
Agency that:
1. The Agency hereby finds and determines, for the following
reasons, that the Negative Declaration as previously approved by
the Agency has served as the Agency's environmental documentation
pursuant to CEQA for consideration and approval of the Amended
DDLA:
a. The physical character and impacts of the
Development as contemplated under the Amended DDLA and the Initial
DDLA are essentially identical; and
b. None of the events requiring preparation of a
subsequent or supplemental environmental document pursuant to CEQA
(as specified in 14 California Code of Regulation section 15162)
has occurred with respect to the Negative Declaration and the
Development contemplated by the Amended DDLA.
2. The Agency Executive Director is hereby authorized and
directed to file a Notice of Determination with respect to the
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Amended DDLA and this Resolution in accordance with 14 California
Code of Regulations, Section 15096(i).
3. The Agency hereby finds and determines pursuant to Health
and Safety Code section 33334.2(g) that the use of monies from the
Fund to purchase the Property and to provide the assistance to the
Development set forth in the Amended DDLA will be of benefit to the
Redevelopment Plan and to the Project Area. This finding is based
on facts and analysis in the Revised Transaction Summary and the
staff report accompanying this Resolution that:
a.
opportunities
time; and
The Project Area was narrowly drawn and contains few
for construction of new affordable units at this
b. In redeveloping the major blighted private site in
the Project Area it was not financially feasible for a significant
portion of the residential units on such redeveloped site to be
made available at affordable housing cost to low and moderate
income households, especially very low income households; and
c. As a result, the Agency has an obligation in
connection with the redevelopment of the major blighted site in the
Project Area to cause a specified number of affordable housing
units to be developed elsewhere in the community; and
d. The Property is one of the few sites remaining in
the community that is suitable for the development of affordable
housing to enable the Agency to discharge the above-described
affordable housing production obligation; and
e. Development of the Property with Agency assistance
from the Fund as contemplated by the Amended DDLA will directly
serve the Redevelopment Plan goals and objectives to increase the
community's supply of affordable housing.
4. The Agency hereby approves the Amended DDLA and
authorizes the Agency Chairperson or the Agency Executive Director
to execute on behalf of the Agency the Amended DDLA, substantially
in the form on file with the Agency Secretary, with such changes
as are approved by the Agency signatory, such approval to be
conclusively evidenced by the execution of the Amended DDLA.
5. The Agency hereby agrees to dispose of the Property, make
a construction loan for the Development, and provide other
specified assistance at the times called for and on the terms and
conditions contained in the executed Amended DDLA.
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6. The Agency hereby authorizes the Agency Executive
Director to execute on behalf of the Agency, at the time and on the
terms and conditions set forth in the executed Amended DDLA, the
grant deed, regulatory agreement, and other related documents,
substantially in the forms attached as exhibits to the executed
Amended DDLA, with such changes as are deemed appropriate by the
Agency Executive Director to effectuate the intent of the Amended
DDLA and related documents.
7. The Agency hereby authorizes the Agency Executive
Director to take such other actions and execute such other
documents as are appropriate to effectuate the intent of the
executed Amended DDLA and related documents.
8. The Agency hereby confirms and grants the authority
vested in the Agency Executive Director pursuant to section 11.16
of the Amended DDLA to act on the Agency's behalf in implementing
the Amended DDLA and related documents.
9. The amount necessary for the Agency to implement its
obligations ,under the Amended DDLA is hereby appropriated from the
Fund, and the Agency's annual budget is hereby amended to the
extent necessary to reflect such appropriation.
10. This Resolution shall take immediate effect from and
after its passage and approval.
PASSED AND ADOPTED at a regular meeting of the Tiburon
Redevelopment Agency on March 1, 1995, by the following vote:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ANDREW THOMPSON, CHAIRPERSON
Tiburon Redevelopment Agency
ATTEST:
ROBERT L. KLEINERT, EXECUTIVE DIRECTOR
Tiburon Redevelopment Agency
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TIBURON HIGHLANDS HOUSING DEVELOPMENT
SUMMARY OF PROPOSED AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT, AND LOAN AGREEMENT BETWEEN THE TIBURON
REDEVELOPMENT AGENCY AND ECUMENICAL ASSOCIATION FOR HOUSING
1. BACKGROUND AND PURPOSE
The Tiburon Redevelopment Agency (the "Agency") and
Ecumenical Association for Housing ("EAR") have entered into a
Disposition, Development, and Loan Agreement for the Tiburon
Highlands Development dated as of July 1, 1994 (the "Initial
DDLA"). The Initial DDLA was approved for execution by the
Agency and the Town Council of the Town of Tiburon following
conduct of a duly noticed joint public hearing and review of a
transaction summary prepared pursuant to Health and Safety Code
Section 33433.
The Initial DDLA provided for the Agency to prepare and sell
to the Developer an approximately 2.94 acre property located
generally at the end of Cecilia Way in the Town of Tiburon, as
more fully described in the attached Exhibit A (the "Property").
The Initial DDLA further provided for the Developer to develop
and operate on the Property 16 units of rental housing available
for occupancy at affordable housing cost to low and moderate
income households, including very low income households,
containing elderly persons (the "Development").
For reasons outlined in Section 2 of this document, the
Agency and the Developer have prepared for consideration a
proposed Amended and Restated Disposition, Development and Loan
Agreement '(the "Amended DDLA"). The Town Council and the Agency
will conduct a joint public hearing on March 1, 1995 to consider
approval of the Amended DDLA. This document (the "Revised
Transaction Summary") has been prepared in accordance with Health
and Safety Code Section 33433 to assist the Town Council and the
Agency in their consideration of the Amended DDLA.
This Revised Transaction Summary contains the following
statutorily mandated information:
a. The cost of the Amended DDLA to the Agency, including
land acquisition costs, clearance costs, relocation costs, the
costs of any improvements to be provided by the Agency, plus the
expected costs of any loans or bonds to finance the Amended DDLA.
Please refer to Section 7 of this Revised Transaction Summary for
information on Agency costs of the Amended DDLA.
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b. The estimated value of the Property to be sold to the
Developer pursuant to the terms of the Amended DDLA , determined
under the highest and best uses permitted under applicable land
use standards. Please refer to section 8 of this Revised
Transaction Summary for information concerning the highest and
best use value of the Property.
c. The estimated value of the fee interest in the property
to be conveyed, determined at the use and with the conditions,
covenants, and development costs required for the development of
the Property under the Amended DDLA (sometimes referred to as
the "reuse value" of the Property). Please refer to Section 9 of
this Revised Transaction Summary for information regarding the
reuse value of the Property.
d. The total purchase price (the "Purchase Price") to be
paid for the Property by the Developer under the terms of the
Amended DDLA , and, if the Purchase Price is less than the
highest and best use value of the Property, an explanation of the
reasons for. such difference. Please refer to Section 10 of this
Revised Transaction Summary for information regarding the
Purchase Price and the reasons why the Purchase Price is less
than the highest and best use value of the Property.
e. An explanation of why the sale and redevelopment of the
Property pursuant to the Amended DDLA will assist in the
elimination of blight, with reference to all supporting facts and
materials for this explanation. Please refer to Section 6 of
this Revised Transaction summary for information regarding the
manner in which the sale and redevelopment of the Property will
eliminate blight, as well as a description of other public
benefits that will be achieved through execution and
implementation of the Amended DDLA.
f. Information supporting a finding that the sale and
redevelopment of the Property pursuant to the Amended DDLA is
consistent with the Agency's five-year implementation plan (the
"Implementation Plan"). Please refer to section 11 of this
Revised Transaction Summary for information in support of the
Implementation Plan consistency finding.
In addition to the statutorily required information, this
Revised Transaction Summary also provides as background
information: the reasons for the amendments to the Initial DDLA
contained in the proposed Amended DDLA (Section 2); a description
of the development to be undertaken pursuant to the Amended DDLA
(Section 3); and an outline of the Agency and Developer
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responsibilities under the Amended DDLA (Sections 4 and 5,
respectively) .
2. REASONS FOR AMENDED DDLA
The proposed Amended DDLA does not change the fundamental
scope, purpose, or method for achieving the development of the
Development. The basic roles and obligations of the Agency and
the Developer remain the same in the proposed Amended DDLA as in
the Initial DDLA.
However, certain changes in facts and circumstances since
the execution of the Initial DDLA in July 1994 have led to the
need for a series of secondary modifications to the terms of the
Initial DDLA. These changes in facts and circumstances and the
resulting modifications contained in the proposed Amended DDLA
are summarized below.
a. Tax Credit Allocation Issues. A primary funding source
for the Development is the procurement of investor equity through
the sale (or syndication) of low income housing tax credits
allocated to the Development. In order to be eligible to receive
and sell such tax credits to raise development equity, the
Developer must obtain a tax credit allocation for the Development
from the California Tax Credit Allocation Committee ("TCAC"). In
accordance with the requirements of the Initial DDLA, the
Developer applied to TCAC for the necessary tax credit allocation
in August 1994. However, because of intense statewide
competition for a limited amount of credits, the Development was
not awarded a tax credit allocation at that time.
Through extensive analysis, the Developer and the Agency
have determined that the Developer should submit a revised tax
credit application to TCAC in March 1995. The primary change in
the application would be to reconfigure the units in the
Development as efficiency, rather than one-bedroom, units.
TCAC application rating formulas, this reconfiguration will
the Developer's application for tax credits far more likely
succeed. Consequently, the Amended DDLA reflects the
reconfiguration of the Development to consist of efficiency
units.
Under
make
to
In addition, because the Developer needs to reapply for a
TCAC tax credit allocation in March 1995, the Amended DDLA
revises the timeline for performance of various tasks.
Basically, the time for performance of key tasks is extended by
approximately eleven months, so that conveyance of the Property
by the Agency to the Developer is now scheduled for not later
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than November 1, 1995, and completion of the Development is now
anticipated to occur in the Spring of 1997.
b. Updated Sources and Uses of Funds. The Amended DDLA
also reflects more recent information and analysis about the
sources and uses of funds to complete the Development.
On the "uses of funds" side, the Development budget has been
reduced to reflect the somewhat lower cost of constructing
efficiency units rather than one-bedroom units, as well the offer
by the Developer to reduce its development fee and defer payment
of a portion of the fee to make the Development financially
feasible. The effect of these and other minor budget adjustments
is to reduce the cost of the Development from the approximately
$1.66 million cost anticipated at the time the Initial DDLA was
executed to the currently estimated cost of $1.47 million.
On the "sources of funds" side, several changes in
circumstance and expectations have occurred. Because efficiency
units will generate less rent to support debt service payments
and because interest rates have continued to rise, the amount of
conventional loan funds that the Developer expects to borrow has
decreased. In addition, the Developer has received an $80,000
smaller funding commitment from the Marin Community Foundation
that was projected in July 1994. Finally, the currently
anticipated amount of tax credit equity that can be raised is
somewhat lower than was projected at the time of Initial DDLA
execution.
On balance, the currently anticipated sources of funds have
decreased by $59,360 more than anticipated costs of the
Development, as compared to the July 1994 sources and uses
evaluation. To fill this gap, it is proposed that the Agency's
loan to the Developer (as more fully described in Section 5
below) be increased by that amount, from $279,789 under the
Initial DDLA to $339,149 under the proposed Amended DDLA. The
Amended DDLA requires the Developer to seek additional
development funds which, if obtained, would offset the Agency
loan amount on a dollar-for-dollar basis. The increased Agency
loan amount is the only change in the Agency funding commitment
to the Development contained in the proposed Amended DDLA.
3. DESCRIPTION OF DEVELOPMENT
The Development will consist of 15 rental dwelling units, a
resident manager's unit, a common building (including laundry
room), an outdoor commons (plaza) area, and parking for at least
16 cars. The dwelling units will be one-story cottages of frame
construction with pitched shingled roofs and individual private
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outdoor areas. Fifteen of the units will be efficiency units of
approximately 525 square feet. The resident manager's unit will
include a small office. A site plan for the Development is
attached to this Summary as Exhibit B.
Pursuant to the terms of the Amended DDLA, the units in the
Development (other than the resident manager's unit) will be
rented at affordable rents to households comprised of elderly
persons within the following income categories:
a. 7 units will be rented to households with incomes not
exceeding 40% of county median income; and
b. The remaining 8 units will be rented to households with
incomes not exceeding 90% of county median income.
4. AGENCY RESPONSIBILITIES
The Agency's primary responsibilities under the Amended DDLA
are:
a. The Agency has purchased the Property for a price of
$560,000.
b. The Agency will pay certain costs and perform certain
activities to ready the Property for its intended redevelopment,
including paying the costs of specified preliminary architectural
design work, hazardous materials investigation, Town planning
fees, closing costs, and site preparation work (including
specified off-site improvements and on-site grading and site
preparation).
c. Upon satisfaction by the Developer of certain
conditions set forth in the Amended DDLA, the Agency will sell
the Property to the Developer for $250,000.
d. The Agency will provide a development loan to the
Developer in an amount not to exceed $339,149, of which not to
exceed $160,000 is earmarked to pay predevelopment costs of the
Developer, and the balance is earmarked to pay construction
costs.
The cost to the Agency of performing its obligations
under the Amended DDLA is detailed in section 6 below.
5. DEVELOPER RESPONSIBILITIES
The Developer's primary responsibilities under the Amended
DDLA are:
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a. The Developer will prepare construction plans and
obtain all necessary governmental approvals for development of
the Development. To date, the Developer has obtained the
necessary rezoning of the Property, and a precise development
plan approval.
b. The Developer will obtain debt and equity funds which,
when added to the Agency's financial assistance, are sufficient
to pay all costs of development. The anticipated funding sources
to be obtained by the Developer are further described in Section
8 below.
c. The Developer will purchase the Property from the
Agency for $250,000.
d. The Developer will construct the Development in
accordance with approved plans and applicable laws.
e. The Developer will operate the completed Development in
accordance with the standards of the Amended DDLA, and will make
the units available for occupancy at affordable rents to
households with qualifying incomes as described in section 3
above. The Developer will operate the Development in this manner
in perpetuity, with the ability to return the Development to the
Agency (at a cost to the Agency of $1) at any time after the
initial 95 years of operation.
f. The Developer will repay the Agency loan at 3% interest
over 30 years, using the net revenue from operation of the
Development, as further described in section 9 of this Revised
Transaction Summary.
6. ELIMINATION OF BLIGHT AND OTHER PUBLIC BENEFITS
The Tiburon Redevelopment Project Area (the "Project Area")
was established pursuant to the Redevelopment Plan for the
Tiburon Redevelopment Project Area (the "Redevelopment Plan")
adopted by the Town Council by Ordinance No. 279, dated November
28, 1983. Although the Property is not within the Project Area,
its sale and development as provided in the Amended DDLA playa
role in the elimination of blight in the Project Area and
directly serve an important Redevelopment Plan goal as discussed
below.
The Project Area contains approximately 55 acres, of which
the only sizeable private property is a 38-acre site formerly
owned and operated by the Southern Pacific Railroad. This site
was blighted in that it lacked proper infrastructure to
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accommodate any economically feasible reuse, and was impacted by
severe flooding and drainage problems. These blighting
conditions were fully documented in Part IV.A of the
Redevelopment Plan, and Part I of the accompanying Report on the
Tiburon Redevelopment Project Plan (November 1983). The
Redevelopment Plan and the accompanying Report are incorporated
in this Summary by this reference.
The primary purpose of the Redevelopment Plan was to finance
the alleviation of these blighting conditions to permit reuse of
the 38-acre site as a mixed-use residential/commercial
development. Through an Owner Participation Agreement executed
in 1985, the Agency and the site developer established a
financing program by which the site has been fully redeveloped as
the "Point Tiburon" development, thus eliminating the blighting
conditions related to the only significant private development
site in the Project Area.
Development of approximately 155 new residential dwelling
units in the Point Tiburon development triggered an obligation of
the Agency, ,pursuant to Health and Safety Code section
33413(b) (2), to cause a specified number of units to be
affordable to low and moderate income households, including very
low income households. The Agency was able to meet a portion of
the resulting moderate income housing production obligation
within the Point Tiburon development itself. However, because of
the high site development costs already facing the development,
the Agency and the site developer determined that it was not
economically feasible to satisfy any of the Agency's very low
income housing production obligations within the Point Tiburon
development. Thus, the only way that the major blighted property
in the Project Area could be successfully and timely redeveloped
was to find alternative sites in the community, as permitted by
the Community Redevelopment Law, upon which to construct
affordable very low income units (as well as some additional
affordable moderate income units) to make up the shortfall in the
production of such units resulting from the economically feasible
reuse of the blighted Point Tiburon site.
The Project Area was narrowly drawn to minimize the fiscal
impact of redevelopment on the affected taxing entities. No
other significant private development sites were included in the
project Area upon which the Agency's affordable housing
production obligation arising from the Point Tiburon development
could be met. Two public properties, the Town Hall site and the
Reed School site, were included in the Project Area for the
express purpose that they might be reused at some future time to
meet the Agency's Project Area affordable housing production
obligation. At this time, these sites are still used for their
10201M,P50
02122195
-7-
public purpose, and are not available to provide affordable
housing.
The Property is one of the few remaining sites in Tiburon
that is suitable for development of affordable housing. The
Property is readily accessible to both public transportation and
a neighborhood shopping center. Pursuant to Health and Safety
Code section 33413(b) (2) (A) (ii), the Agency may satisfy a portion
of the affordable housing production obligation arising from its
blight elimination/private sector reuse activities on the Point
Tiburon development site by causing the Property to be developed
for affordable housing in the manner specified in the Amended
DDLA. Consequently, the sale of the Property to the Developer
and the development of the Property for affordable housing as
contemplated by the Amended DDLA will assist the Agency in its
blight elimination activities for the Point Tiburon development
site by enabling the Agency to satisfy a portion of its
affordable housing production obligation resulting from
redevelopment of that site.
In addition to assisting in the alleviation of Project Area
blight in this manner, the conveyance and development of the
Property as provided in the Amended DDLA will directly satisfy a
specific goal of the Redevelopment Plan to expand the
availability of affordable housing units in the community
(Redevelopment Plan, Part IV.B.7), as well as similar goals of
the Housing Element of the Town's General Plan, and the Housing
Compliance Plan portion of the Agency's Implementation Plan (see
section 11 below).
7. ESTIMATED AGENCY COSTS
The estimated cost to the Agency of the Amended DDLA are
generally as follows:
Property Acquisition
site Preparation Work
Planning/Building Department Fees
Architectural site Analysis
Closing Costs
Development Loan
$ 560,000
311,878
50,000
7,500
12,500
339,149
Total Agency Cost
1,281,027
Less Purchase Price from Developer
(250.000)
Net Agency Cost
$1,031,027
10201M,P50
02/22195
-8-
Pursuant to the Amended DDLA, the principal amount of the
Agency's development loan may be reduced or partially prepaid in
the event the Developer succeeds in obtaining certain additional
debt and equity funds for which it will apply. Thus, the above
summary provides a maximum estimate of the Agency's cost to
perform its obligations under the Amended DDLA.
All Agency costs will be paid from tax increment revenue
deposited in the Agency's Low and Moderate Income Housing Fund.
The Agency has not borrowed the money that will be used to pay
these costs, and consequently there is no interest required to be
paid by the Agency in connection with these costs.
8. ESTIMATED VALUE OF PROPERTY AT HIGHEST AND BEST USE
The estimated value of the Property, determined at the
highest use permitted under applicable land use controls, is
$560,000. This figure was determined by an appraisal conducted
in September 1993 by Semple Appraisals, Inc.. This appraised
value equals the price paid by the Agency to purchase the
Property in May 1994.
9. ESTIMATED REUSE VALUE
The reuse value of the Property may be calculated as the
balance of debt and equity funds obtainable for the Development
that remains after paying for all other costs of development. In
turn, the debt and equity funds obtainable for the Development
are a function of the net operating revenue generated by the
Development. Therefore, to determine the reuse value of the
Property, the following analysis compares the costs of
development with obtainable debt and equity funds resulting from
the Development's income generating potential to determine the
balance of funds available to pay for the Property. This
analysis concludes that the supportable reuse value of the
Property is $250,000.
a. Costs of Develooment. The portion of Exhibit C titled
"Costs" provides an itemized list of the anticipated costs of
development to the Developer in the total estimated amount of
$1,472,699. The Exhibit C list of costs includes a line item for
"Acquisition: Land and Offsites" which consists of the $250,000
Purchase Price for the Property called for in the Amended DDLA
together with $22,500 for certain offsite improvements.
b. Fundinq Sources. The portion of Exhibit C titled
"Financing" lists the anticipated sources of debt and equity to
pay the costs of development (including the $250,000 Purchase
Price for the Property). The anticipated funding sources
10201M,P50
02122195
-9-
include: a conventional first mortgage from an institutional
private lender in the amount of $175,000; the Agency loan in the
amount of $339,149 provided for in the Amended DDLA and described
in Sections 2 and 4 of this Revised Transaction Summary; a
$199,061 loan from the County of Marin's Community Development
Block Group ("CDBG") Program; a $70,000 loan from the Marin
Community Foundation; and $668,778 of equity funds from the
syndication of low income tax credits. The total amount of the
anticipated funding sources, $1,472,699, matches the anticipated
cost of developing the Development.
c. Operatinq Income of the Development. The amounts of
the anticipated debt and equity funding sources described above
are a direct function of the revenue generating potential of the
Development to service such debt and equity. Exhibit 0 sets
forth the revenue generating potential of the Development, and
the amount of debt that may be supported to pay development costs
(including the Purchase Price).
Exhibit 0 shows anticipated annual income to be generated by
the Development (in 1997 dollars, reflecting the first year of
operations). That income is derived almost entirely from the
rental of the residential units. The rent potential of the units
required to be available at affordable rents to very low income
households under the terms of the Amended DDLA, as outlined in
Section 3 of this Revised Transaction Summary, is limited to an
amount well below the market rents that could be obtained.
Consequently, the total anticipated annual income from the
Development is only $113,040 (in 1997 dollars).
Finally, Exhibit E shows annual rental income and operating
expenses over the initial 15 years of operation, representing the
period of tax credit benefits. At the end of this period, the
Development could be repurchased by the Developer from the
limited partnership created to obtain the tax credit equity.
Thus, this 15 year period is a logical timeframe to evaluate the
revenue generating and debt service paying potential of the
Development.
In Exhibit E, annual rental income is escalated at a 3%
annual rate from the amount calculated in Exhibit 0, while
operating costs (other than debt service) are escalated at a 4%
annual rate from a 1997 baseline amount of approximately $3,000
per unit. After subtracting annual operating costs (other than
debt service) from annual income, the Exhibit E analysis next
applies the balance of the annual income to: (1) payment of debt
service on the various loans to the Development; (2) deposits for
normal operating, replacement, and supplemental reserves; (3)
payment of the portion of the development fee owed to the
10201M,P50
02122195
-10-
Developer at the time of development but deferred due to lack of
sufficient development funds; and (4) payment of the required
annual partnership management fee.
Moneys deposited in the operating reserve and the
supplemental reserve that are not required to meet contingencies
will be necessary to assist the Developer in repurchasing the
Development from the tax credit limited partnership at the end of
the tax credit period.
After application of the Development's annual operating
income to the uses shown in Exhibit E and described above, there
is llQ net cash flow balance in the analysis period covered by
Exhibit E.
d. Conclusion--Reuse Value. As described above, the
annual rental income from the Development is fully used in
meeting annual operating costs and servicing the debt necessary
to pay the costs of development. Indeed, there is not even
revenue left to provide any cash return to the $668,778 of tax
credit equity. The sole inducement for the tax credit equity
investment is the tax credit advantages provided to the equity
investors.
Consequently, there is no cash flow remaining to support
additional debt or equity. As a result, the Development would
not be financial feasible if the costs of development, including
the Purchase Price, were any higher. Stated differently, the
$250,000 Purchase Price, is the highest price that can be paid
for the Property given the other costs of development, the
revenue generating potential of the Development, and the amount
of debt and equity funds that can be supported by such revenue.
Or, stated still differently, the reuse value of the Property,
given the affordable housing costs restrictions and the
development requirements imposed by the Amended DDLA, is
$250,000. The Purchase Price of $250,000 provided for in the
Amended DDLA has been established expressly in contemplation of
the economics of the Development, as summarized in this reuse
analysis.
10. PURCHASE PRICE AND REASON FOR DIFFERENCE FROM HIGHEST AND
BEST USE VALUE
The Agency will sell the Property to the Developer for
$250,000. This Purchase Price is equivalent to, and is a direct
result of, the Property's reuse value of $250,000, as described
in Section 9 above.
1020lM,P50
02122195
-11-
The Purchase Price is less than the Property's value at its
highest and best use under applicable land use standards of
$560,000, as described in Section 8 above. This difference
reflects the difference between the highest and best use value of
the Property and the Property's reuse value, and results from the
difference between the net development revenues (after paying
development costs) that could be achieved from devoting the
Property to its highest use under applicable land use standards,
and the net development revenues that can be generated by
developing and operating the Development exclusively for rental
at restricted affordable rents to very low income and moderate
income households as mandated by the Amended DDLA.
In other words, the difference between the Purchase Price
under the Amended DDLA and its highest use value is directly and
completely attributable to the covenants, restrictions and
development costs imposed by the Amended DDLA in furtherance of
the Agency's policy decision to devote the Property to affordable
housing, thus achieving the public benefits described in section
6 above.
11. CONSISTENCY WITH HOUSING COMPLIANCE PLAN COMPONENT OF
IMPLEMENTATION PLAN
In August 1994, the Agency adopted its Housing Compliance
Plan, a required portion of an Agency Implementation Plan as
provided in Health and Safety Code section 33490(a) (2) (B). The
Housing Compliance Plan analyzes the Agency's obligation to
ensure that specified percentages of housing units be made
affordable to low and moderate income households, including very
low income households.
Part VI of the adopted Housing Compliance Plan sets forth
the Agency's strategy for meeting this housing production
obligation. This strategy specifically describes the Agency's
assistance to the Development, which includes sale of the
Property to the Developer pursuant to the Amended DDLA, as an
activity of the Agency to fulfill its housing production
obligation. Consequently, sale of the Property to the Developer
and development of the Development pursuant to the proposed
Amended DDLA is expressly consistent with the approved Housing
Compliance Plan component of an Agency Implementation Plan.
10201M,P50
02122195
-12-
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
aLL'DII\.T CDmUN real .............li' situate in tile Ci'ty of 'l'ibJral., CD.Jn'ty of Marin,
State of CBllfamia, described below .. foll.ows:
~....J. a, as Ilhc::Y1 upon that: c::ertaJn Parcel Map Slt:it:ler:!, "Map of '1'ibJrcn
Highlands, 'l'cw'l of '1'ibJrcn, MlIrin 00., state of Callfamia". filer:! far .o:..........d
lb. J~. 1, 1988 in Beck 20 of Maps, at: JIege SO. Marln Q:u1'ty ........ds.
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TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: MARCH 1, 1995
ITEM NO. 1
FROM:
TOWN ATIORNEY
SUBJECT: APPROVAL OF AMENDED DISPOSITION, DEVELOPMENT AND
LOAN AGREEMENT WITH EAH FOR THE HIGHlANDS HOUSING
PROJECT
--------------------------------------------------------------------------------------------------------------------------
BACKGROUND AND ANALYSIS
The background and analysis for this issue are addressed in the staff report for the
Redevelopment Agency and will not be repeated here. Under the state redevelopment law,
the Council as well as the Agency must adopt a resolution approving the agreement with
EAH and the use of redevelopment agency funds.
RECOMMENDATION
It is recommended that the Council adopt the attached resolution authorizing execution of
the Disposition, Development and Loan Agreement.
EXHIBITS
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING EXECUTION AND IMPLEMENTATION BY THE TIBURON
REDEVELOPMENT AGENCY OF AN AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT FOR THE TIBURON HIGHLANDS
HOUSING DEVELOPMENT AND TAKING RELATED ACTIONS
IN CONNECTION WITH SUCH APPROVAL
WHEREAS, the Town Council of the Town of Tiburon (the "Town
Council") has adopted the Redevelopment Plan for the Tiburon
Redevelopment Project Area (the "Redevelopment Plan") on November
28, 1983, by Ordinance No. 279, affecting the Tiburon Redevelopment
Project Area (the "Project Area"); and
WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is
vested with responsibility pursuant to the Community Redevelopment
Law (Health and Safety Code section 33000 et seq.) (the "Law") to
implement the Redevelopment Plan in the Project Area; and
WHEREAS, the Agency is the owner of an approximately 2.94 acre
parcel of land located outside the Project Area at the end of
Cecilia Way (the "Property"); and
WHEREAS, the Agency desires to cause redevelopment of the
Property through the construction of sixteen dwelling units to be
rented at affordable housing cost to qualified low and moderate
income households, including very low income households, comprised
of elderly persons (the "Development"); and
WHEREAS, the Agency has selected Ecumenical Association for
Housing, Inc. (the "Developer") to serve as the developer of the
Development on the Property; and
WHEREAS, following a duly noticed joint public hearing and
approval by the Town Council and the Agency on July 20, 1994, the
Agency and the Developer have entered into a Disposition,
Development and Loan Agreement dated as of July 1, 1994 (the
"Initial DDLA") providing for disposition of the Property and
development of the Development; and
WHEREAS, for reasons set forth in the Revised Transaction
Summary (described below), the Agency and the Developer desire to
amend the Initial DDLA through execution of an Amended and Restated
Disposition, Development and Loan Agreement (the "Amended DDLA") ,
a copy of which is on file with the Agency Secretary; and
10200Z,P50
02121/95
-1-
&/'''h,'f ~
WHEREAS, pursuant to the Amended DDLA, the Agency will perform
certain functions to prepare the Property, will sell the prepared
Property to the Developer, and will provide a development loan to
the Developer; and
WHEREAS, redevelopment of the Property pursuant to the Amended
DDLA will serve major Redevelopment Plan goals and objectives to
increase the community's supply of affordable housing; and
WHEREAS, the Agency has established a Low and Moderate Income
Housing Fund (the "Fund") pursuant to Health and Safety Code
Section 33334.3; and
WHEREAS, the Agency has purchased the Property and proposes
to fund its further obligations and assistance to the Developer as
set forth in the Amended DDLA from monies deposited in the Fund;
and
WHEREAS, the provisions of the Law applicable to the
establishment and use of proceeds of the Fund (Health and Safety
Code Sections 33334.2 and 33334.3) expressly contemplate and permit
the use of proceeds from the Fund outside the project Area upon a
finding that such use will be of benefit to the Project Area; and
WHEREAS, the Agency intends to apply the units to be developed
in the Development toward satisfaction of its Project Area housing
production obligation under Health and Safety Code Section 33413 (b)
in the manner permitted by Health and Safety Code Section
33413 (b) (2) (A) (ii); and
WHEREAS, the Agency has placed on file a copy of the Amended
DDLA and the summary called for in Section 33433 of the Law (the
"Revised Transaction Summary") and has made the Amended DDLA and
the Revised Transaction Summary available for public inspection and
copying pursuant to section 33433 of the Law; and
WHEREAS, by staff report accompanying this Resolution and
incorporated herein by this reference, the Town Council has been
provided with additional information upon which the findings and
actions set forth in this Resolution are based; and
WHEREAS, the Town Council and the Agency have conducted a duly
noticed public hearing on the Amended DDLA pursuant to Section
33433 of the Law for the purpose of receiving the input and
comments of the public on the Amended DDLA; and
WHEREAS, a negative declaration (the "Negative Declaration")
has been prepared pursuant to the California Environmental Quality
Act (California Public Resources Code section 21000 et seq.)
l0200Z.PSO
02121/95
-2-
("CEQA"), the State CEQA Guidelines (14 California Code of
Regulations section 15000 et sea.), and the Town's and the Agency's
adopted local CEQA Implementation Guidelines (the "Local CEQA
Guidelines") to consider a series of approvals in connection with
the Development, including a rezoning of the Property, approval of
a precise development plan for the Development, and approval of the
Initial DDLA; and
WHEREAS, the Town Council has served as "Lead Agency" under
CEQA with respect to the Negative Declaration and has approved the
Negative Declaration by separate action of July 6, 1994.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon that:
1. The Town Council hereby finds and determines, for the
following reasons, that the Negative Declaration previously
approved by the Town Council has served as the Town Council's
environmental documentation pursuant to CEQA for consideration and
approval of the Amended DDLA:
a. The physical character and impacts of the Development
as contemplated under the Amended DDLA and the Initial DDLA are
essentially identical; and
b. None of the events requiring preparation of a
subsequent or supplemental environmental document pursuant to CEQA
(as specified in 14 California Code of Regulation section 15162)
has occurred with respect to the Negative Declaration and the
Development contemplated by the Amended DDLA.
2. The Town Council hereby finds and determines pursuant to
Health and Safety Code Section 33334.2(g) that the use of monies
from the Fund to purchase the Property and to provide the
assistance to the Development set forth in the Amended DDLA will
be of benefit to the Redevelopment Plan and to the Project Area.
This finding is based on facts and analysis in the Revised
Transaction Summary and the staff report accompanying this
Resolution that:
a.
opportunities
time; and
The Project Area was narrowly drawn and contains few
for construction of new affordable units at this
b. In redeveloping the major blighted private site in
the Project Area it was not financially feasible for a significant
portion of the residential units on such redeveloped site to be
made available at affordable housing cost to low and moderate
income households, especially very low income households; and
l0200Z.PSO
OZ/21/95
-3-
c. As a result, the Agency has an obligation in
connection with the redevelopment of the major blighted site in the
Project Area to cause a specified number of affordable housing
units to be developed elsewhere in the community; and
d. The Property is one of the few sites remaining in
the community that is suitable for the development of affordable
housing to enable the Agency to discharge the above-described
affordable housing production obligation; and
e. Development of the Property with Agency assistance
from the Fund as contemplated by the Amended DDLA will directly
serve the Redevelopment Plan goals and objectives to increase the
community's supply of affordable housing,
3. Pursuant to Section 33433 of the Law, the Town Council
hereby finds that the consideration to be given by the Developer
under the Amended DDLA for the purchase of the Property is not less
than the fair reuse value of the Property at the use and with the
covenants and conditions and development costs authorized and
directed for the sale of the Property pursuant to the Amended DDLA.
This finding is based on facts and analysis set forth in the
Revised Transaction Summary and the staff report accompanying this
Resolution that:
a. The Agency proposes to sell the Property to the
Developer under the Amended DDLA for $250,000, and to require that
the Developer develop and rent 16 dwelling units at affordable
rents to qualified low and moderate income households, including
very low income households, and to repay the construction loan made
by the Agency for the Development; and
b. The fair reuse value of the Property for such
restricted use and under such conditions of development is not
greater than $250,000, as established by the reuse value analysis
set forth in the Revised Transaction Summary.
4. Pursuant to Section 33433 of the Law, the Town Council
hereby finds that the sale of the Property pursuant to the Amended
DDLA will assist in the elimination of blight in the Project Area
and will provide housing for low-or moderate-income persons. This
finding is based on facts and analysis in the Revised Transaction
Summary and the staff report accompanying this Resolution as
further summarized in connection with the finding set forth in
Paragraph 2 above. The information and analysis set forth in
Paragraph 2 above is incorporated by reference in this Paragraph
4.
l0200Z.PSO
OZ/21/95
-4-
5. Pursuant to section 33433 of the Law, the Town Council
hereby finds that the Amended DDLA and the disposition and
development of the Property pursuant to the Amended DDLA are
expressly consistent with the Housing Compliance Plan approved by
the Agency in August 1994, which Housing Compliance Plan is a
required portion of an Agency Implementation Plan pursuant to
section 33490 of the Law. This finding is based on facts and
analysis set forth in the Revised Transaction Summary.
6. Pursuant to section 33433 of the Law, the Town Council
hereby approves the Amended DDLA, the attached grant deed and
regulatory agreement for the Property, and all other related
documents for the implementation of the Amended DDLAi approves
execution by the Agency of the Amended DDLA, the grant deed, the
regulatory agreement, and all other related documents,
sUbstantially in the form on file with the Agency Secretary, with
such changes as are approved by the Agency Chairperson or Executive
Director, such approval to be conclusively evidenced by the
execution of the Amended DDLAi and approves disposition of the
Property by the Agency pursuant to the provisions of the Amended
DDLA as executed.
7. The Town Manager is authorized and directed to file a
Notice of Determination in accordance with 14 California Code of
Regulations, Section 15075, evidencing the Town Council's use (as
a "lead agency" under CEQA) of the Negative Declaration in
connection with its consideration and approval of the Amended DDLA
and this Resolution.
8. This Resolution shall take immediate effect from and
after its passage and approval.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 1, 1995, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
ATTEST:
ROBERT L. KLEINERT, TOWN MANAGER
] 0200Z.P50
OV21195
-5-
TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: MARCH 1, 1995
ITEM NO. cQ. . b .
FROM:
TOWN ATTORNEY
SUBJECT: CONSIDERATION OF PROPOSED COUNCIL INITIATIVES
REGARDING THE CONSTRUCTION/RENOVATION OF TOWN HALL
AT NEDS WAY AND MEANS OF FINANCING THIS PROJECT
BACKGROUND
On February 23, 1995, the Council directed the two citizens initiatives regarding Town Hall
to be placed on the June 6, 1995 ballot. At that meeting the Council also expressed its
intent to put its own ballot measure(s) before the voters in June. Because of problems in
the agenda description and disagreement over how to word the measure(s), the item was
continued until tonights meeting.
Attached to Ihis report are three draft ordinances, each of which is discussed separately
below. I wish to emphasize again that these represent my attempt to put in writing what I
understand to be the intent of the Council. However, because I may not be fully conversant
with that intent, the Council should feel free to work with this wording within the legal
parameters discussed below.
ANALYSIS
Exhibit 1
This draft represents an attempt by Councilman Thayer and I to synthesize the
construction/renovation plan developed by Michael Heckmann with the financing plan
proposed by Polly Smith into one understandable ballot measure.
There was much discussion at the last meeting regarding the appropriate term to use to
describe the Heckmann plan. The draft uses the term renovation with respect to the
administration building and construct for the meeting and police facilities. While these
terms may have different meanings within the architectural industry, Webster's defines
construct as "to put together by assembling parts; BUILD" and defines renovate as "to
restore to a previous condition, as by remodeling." Other descriptive verbs suggested
include remodel, which is defined as "to remake with a new structure" or rebuild which is
defined as "1. to build again 2. to make extensive structural repairs on 3. to remodel or
make extensive changes in."
Exhibit 2
This draft, along with Exhibit 3, are represent possible wording if Ihe Council desires to put
two separate ballot measures on in June. Exhibit 2 is simply a revision ofwhal was labelled
as Council "A" at the meeting of February 23 to reflect the plan to renovate the
administration building and build new meeting and police facilities at Ned's Way. Again,
the verbs used can be changed to reflect more accurately the intent of the Heckmann plan.
Exhibit 3
This draft is a rewrite of what was labelled Council "B" at the meeting of February 23. This
language represents an attempt to incorporate what I understand to be Polly Smith's
proposal to the Council and the elements of the Heckmann plan. As written, this would not
prohibit future Councils from using all available financing mechanisms, including parcel
taxes, Mello-Roos, COP's or other arrangements. In my opinion, this avoids the legal issues
previously discussed. It should also be pointed oul that as worded, this ballot measure is
not specifically limited to the Ned's Way site. If Council desires to so limit the language,
that can easily be done.
RECOMMENDATION
It is recommended that the Council review the three exhibits, conduct a public hearing on
them and then determine what should be placed on the ballot For whatever is to be placed
on the ballot, Council should pass first reading of the ordinance( s) by roll call vote.
EXHIBITS
1-3. Proposed ballot measures
ORDINANCE NO. _N.S.
AN ORDINANCE OF TIlE TOWN OF TIBURON
SPECIFYING NED'S WAY AS TIlE LOCATION
FOR TIlE CONSTRUCTION OF TOWN HALL FACILmES
The People of the Town of Tiburon do ordain as follows:
SECTION 1. The Town of Tiburon shall renovate its existing Town
Hall administration facilities and construct new meeting facilities, with adequate on
site parking, using existing funds. New police facilities shall be constructed on the
Town owned property at Ned's Way when funds become available.
SECTION 2.
EFFECTIVE DATE.
This ordinance shall be submitted to the voters at the election to be held on
June 6, 1995, and, if approved by a majority of the voters at that election, shall go
into effect ten (10) days after certification of such vote pursuant to Elections Code
Section 4013.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on March 1, 1995, for submission to the voters at the election
of June 6, 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW TIlOMPSON, MAYOR
Town of Tiburon
ROBERT L. KLEINERT, TOWN CLERK
.E...),; h ,"I- .i
ORDINANCE NO. _N.S.
AN ORDINANCE OF THE TOWN OF TIBURON
SPECIFYING NED'S WAY AS THE LOCATION
FOR THE CONSTRUCTION OF TOWN HALL FACILITIES
The People of the Town of Tiburon do ordain as follows:
SECTION 1. The Town of Tiburon shall renovate its existing Town
Hall administration facilities and construct new meeting and police facilities with
adequate on site parking on the Town owned property at Ned's Way.
SECTION 2.
EFFECTIVE DATE.
This ordinance shall be submitted to the voters at the election to be held on
June 6, 1995, and, if approved by a majority of the voters at that election, shall go
into effect ten (10) days after certification of such vote pursuant to Elections Code
Section 4013.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on March 1, 1995, for submission to the voters at the election
of June 6, 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ROBERT L. KLEINERT, TOWN CLERK
~J."I.;1- 2.
ORDINANCE NO. _N.S.
AN ORDINANCE OF mE TOWN OF TIBURON
ESTABLISHING FUNDING PROCEDURES
FOR mE CONSTRUCTION OF TOWN HALL FACILITIES
The People of the Town of Tiburon do ordain as follows:
SECTION 1. Construction or renovation of Town Hall administration
and meeting facilities shall be financed using existing funds. Construction of Town
police facilities shall be financed using funds from existing funds or by other
appropriate means of financing.
SECTION 2.
EFFECTIVE DATE.
This ordinance shall be submitted to the voters at the election to be held on
June 6, 1995, and, if approved by a majority of the voters at that election, shall go
into effect ten (10) days after certification of such vote pursuant to Elections Code
Section 4013.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on March 1, 1995, for submission to the voters at the election
of June 6, 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ROBERT L. KLEINERT, TOWN CLERK
E--h;k>:-+ 3
TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: MARCH 1, 1995
ITEM NO. .;< C. ~. d
FROM:
TOWN ATIORNEY
SUBJECT: ADOPTION OF RESOLUTION CALLING FOR ELECTION ON JUNE 6,
1995 AND REQUESTING COUNTY CLERK TO RENDER SERVICES
BACKGROUND AND ANALYSIS
On February 23, 1995, the Town Council directed that the two citizens initiatives regarding
Town Hall be placed on the June 6, 1995 ballot. It is anticipated that the Council will place
one or two measures of its own on that ballot. The attached resolutions must be adopted
in order to have the election and to allow the County Clerk to render the necessary services.
It should be noted that the resolution attached as Exhibit 1 is based on the Council deciding
to put only one ballot measure on. If two measures are put on the ballot, the title and
Section 2 of the resolution will have to be changed accordingly.
RECOMMENDATION
It is recommended that the Council adopt the two attached resolutions with any changes
which may be necessary for the first resolution.
EXHIBITS
1-2. Draft resolutions
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ORDERING AND
CALLING A MUNICIPAL ELECTION IN THE
TOWN OF TIBURON ON JUNE 6, 1995 FOR THE
PURPOSE OF PLACING THREE MEASURES ON THE BALLOT
BE IT RESOLVED that the Town Council of the Town of Tiburon hereby
orders as follows:
Section 1. DATE OF ELECTION
A general municipal election is hereby called and ordered to be held in the Town of
Tiburon, State of California, on Tuesday, June 6, 1995 for the purpose of voting on
three Measures set forth in Section 2 hereof.
Section 2, MEASURES TO BE VOTED ON
A. AN INITIATIVE SELECTING LOCATIONS FOR NEW TOWN
ADMINISTRATIVE AND POLICE BUILDINGS
B. AN INITIATIVE REQUIRING THE DISPOSITION OF AND
REGULATING THE FUTURE USE OF THE CURRENT TOWN HALL SITE
AT NED'S WAY
C. AN ORDINANCE OF THE TOWN OF TIBURON SPECIFYING
NED'S WAY AS THE LOCATION FOR THE CONSTRUCTION OF TOWN
HALL FACILITIES
Section 3. CALL FOR ARGUMENTS AND REBUTTALS.
The Town Clerk of Tiburon will accept arguments for and against the measure and
will accept rebuttal argumenls. The direct arguments for and against the measure
shall not exceed 300 words in lenglh and must be submitted to the Town Clerk by
noon, March 20, 1995. The rebuttal arguments shall not exceed 250 words in length
and must be submitted to the Town Clerk by noon, March 30, 1995.
Section 4. REGISTRATION TO CLOSE MAY 8. 1995.
Registration for said election shall close on May 8, 1995; no persons registered after
that date will be entitled to vote at said election.
f'l-h:b: t- ..1.
Section S. TIME WHEN POLLS ARE KEPT OPEN.
At said election. the polls shall be opened at 7:00 A.M. of the day of said election,
and shall be kept open until 8:00 P.M. in the evening of the same day, when the
polls shall be closed, subject to the provisions of Section 22903 of the Election Code.
Section 6. CANVASS OF BALLOTS BY COUNCIL.
The Council shall meet at its usual place of meeting on the first Tuesday next
succeeding said election to canvass the returns.
Section 7. PUBLISHING NOTICE OF ELECTION.
The Town Clerk shall cause to be published in a newspaper of general circulation
a Notice of Election which will include the date of election, hours the polls open and
close and the Measure 10 be voted upon.
Section 8. SAMPLE BALLOT AND VOTER'S PAMPHLET FORMAT.
Directly following the ballot measures, a complete text of the proposed Ordinances
will be shown, followed by the Town Attorney's Impartial Analysis.
Section 9. CEOA FINDING.
The adoption of this Resolution, and placing the questions to be voted upon before
the people of Tiburon, is exempt from the provisions of CEQA.
Section 10.
This proposition is submitted to the people of Tiburon pursuant to Elections Code
Section 10201.
PASSED AND ADOPTED at a regular meeling of the Town Council of the
Town of Tiburon on March I, 1995 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
A'ITEST:
ROBERT L. KLEINERT, TOWN CLERK
c:\ wp51 \election \caIl95.jun
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REQUESTING THE MARIN COUNTY
BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY
CLERK TO RENDER SERVICES REGARDING THE
MUNICIPAL ELECTION TO BE HELD ON MAY 6. 1995
WHEREAS, the Town Council of the Town of Tiburon has ordered an election
for June 6, 1995 and
WHEREAS, pursuant to Section 10002 oflhe Election Code, the above stated
Governing Body may request the Board of Supervisors to permit the County Clerk
to render specified services 10 said Body relating to the conduct of the election on
a reimbursable basis,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon as follows:
1. That the Board of Supervisors of the County of Marin is hereby
requested to authorize the County Clerk to render the following
specified services for said Body relating to the conduct of the election
to be held on June 6, 1995:
Voter Indexes
Voter Count by Precinct
Verification of Signatures
Drayage and Rental of Polling Places
Printing of Measures and Arguments
Printing of Sample and Official Ballots
Appointment and notification of Election Officers
Mailing of Sample Ballots and Polling Place Notification
Precinct Supplies
Training of Precinct Workers
Processing of Absentee Ballots
Central Counting
Canvass of Votes Cast
2. That the Clerk of said Body be and hereby is ordered and directed to
file a copy of Ihis resolution with the Board of Supervisors of Ihe
Counly of Marin.
(,.."'lo.} 2
PASSED AND ADOPTED at a regular meeting of the Town Council of Ihe
Town of Tiburon on March 1, 1995 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
ATTEST:
ROBERT L. KLEINERT, TOWN CLERK
c:\ wp51 \election \bdsupsJun
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: 3/1/95
ITEM NO.: .3
FROM:
DAN CATRON,
ASSOCIATE PLANNER
SUBJECT: PRECISE PLAN AMENDMENT #39405: 4 CIBRIAN DRIVE.
REQUEST TO ESTABLISH SECONDARY BUILDING ENVELOPE-
LOT 2, CIBRIAN SUBDIVISION. APPEAL OF PLANNING
COMMISSION DENIAL.
Address: 4 Cibrian Drive
AP No.: 38-011-27
File No.: 39405
General Plan: ML (Medium-low density resid. -up to 1.1 du/ac.)
Zoning: RPD
Property Size: 44,431 sq. ft.
Subdivision: Cibrian
Current Use: single family dwelling (under construction)
Owner: Lawrence and Lacy Lang
Date Complete: November 17, 1994
Permit Streamlining Act Deadline: NA
History: A Precise Plan for the Cibrian subdivision was approved
by the Town Council in 1981. The Precise Plan included
primary building envelopes for the eleven individual
lots. Secondary building envelopes were established for
7 of the lots in 1984. A secondary envelope was
established for lot 1 in 1990.
In April, 1994, the Design Review Board approved a home
for the subject property (lot 2 of the SUbdivision).
The home is presently under construction.
BACKGROUND
The applicants/appellants, Lawerence and Lacy Lang, are
requesting a Precise Plan amendment to create a secondary
building envelope for Lot 2 of the Cibrian Estates subdivision.
The proposed secondary envelope would most likely be used for the
construction of a swimming pool. The proposed secondary envelope
would be located east of the existing primary envelope and would
maintain a minimum 65 foot setback from the rear property line.
The project site is one of three lots in the Cibrian subdivision
which does not currently have a secondary building envelope. The
other eight lots in the subdivision have secondary building
TlBURON TOWN COUNCIL
STAFF REPORT
3/1/95
1
envelopes that are restricted to the construction of accessory
structures (garages, pools, pool houses, storage buildings, etc.)
not exceeding 12 feet in height. The existing secondary building
envelopes in the subdivision range from 4,000 to approximately
7,000 sq. ft. in area. The secondary envelope proposed in this
application is approximately 2,500 sq. ft. in area.
Secondary building envelopes were established for seven of the
lots in 1984. At that time, secondary building envelope proposals
for lots 1 and 2 were withdrawn by the developer. The reasons
cited for not pursuing secondary envelopes for lots 1 and 2 were:
1) The presence of an existing fire road and drainage
facilities across the lower portions of the lots; and,
2) Potential impacts on adjacent property owners (Source:
1984 Staff Report).
other factors that Staff speculates may have contributed to the
decision to drop lots 1 and 2 from the 1984 amendments were:
3) The presence of a sanitary sewer easement across the
lower portions of the lots (Source: Tentative Map); and,
4) Concerns that proposed secondary envelope would have
extended into unrepaired slide areas (Source: Soils report
by Don Herzog Associates, 6/28/84).
In 1991, a secondary building envelope was approved for Lot 1 of
the subdivision (2 Cibrian Drive). This property is immediately
adjacent to the project site and shares many similar
characteristics. At that time, the Planning Commission and
Council found that the physical circumstances of Lot 1 and
vicinity had changed since the secondary envelope proposals were
dropped for lots 1 and 2 in 1984. Specifically, the Council found
that other homes in the subdivision had been built so that view
blockage impacts could be better assessed, and that the
previously existing fire road along the rear of lots 1 and 2 was
no longer existing or needed.
The Planning Commission considered the Lang's proposal on January
25, 1995 (see minutes attached as Exhibit 1). At that meeting the
Commission denied the application citing concerns about slope
stability in the vicinity of the proposed secondary building
envelope and noting that the applicant's desire to construct a
pool in this area was not sufficient justification to amend the
established Precise Plan.
The Langs have appealed the commission's denial of the project,
pointing out that the Planning Commission and Town Council
approved a substantially identical amendment for the property
next door at 2 Cibrian Drive. The Langs also contend that the
TlBURON TOWN COUNCIL
STAFF REPORT
3/1/95
2
concerns regarding slope stability are unwarranted since the area
where the proposed secondary envelope would be located has
recently been graded and reconstructed under the supervision of a
licensed geotechnical engineer.
ANALYSIS
In the Planning Commission staff Report, Staff recommended
approval of the project based on the substantial similarities
between this proposal and the amendment approved for lot 1 in
1991. Staff believed that the issues of the fire road and slope
stability had been adequately addressed in letters from the Fire
Department and the applicant's geotechnical engineer. Staff
believed that impacts on downhill neighbors would be
substantially mitigated by a row of eucalyptus trees growing on
the neighbors rear property line.
A majority of the Planning commission thought that the
applicant's desire for a swimming pool on the property was
insufficient reason to amend the provisions of the approved
Precise Development Plan. Commissioners noted the objections of
several neighbors and felt that these property owners should be
able to rely on the protections afforded them by the established
Precise Development Plan.
General Plan Consistencv
The proposed amendment would not change the principal residential
use of the property. Staff is not aware of any General Plan
policies that would be relevant to the proposal. Staff considers
the proposal to be consistent with the General Plan.
Environmental status
This project is categorically exempt from the provisions of CEQA
per section 15305 of the Act.
RECOMMENDATION
Staff recommends that the Council take public testimony on this
item and consider the merits of the appeal. Staff will prepare an
appropriate resolution reflecting the Council's decision for
consideration at the next regular Town Council meeting.
naURON TOWN COUNCIL
STAFF REPORT
3/1/95
3
EXHIBITS
1. Planning Commission Resolution 95-01
2. Minutes from 1/25/95 Planning Commission hearing
3. Appeal form
4. Letter from Corte Madera Sanitary District dated 2/8/95.
5. Letter from Town Engineer Stan Bala dated 10/24/94
6. Letter from Tiburon Fire Department dated 10/21/94
7. Letter from John Hom, Engineer, dated 10/6/94
8. Letter from the Cooks received 1/20/95
9. Letter from Christine and Richard Wood rec'd 1/20/95
10. Letter from the Jandas received 1/23/95
11. Diagram showing building envelopes for cibrian subdivision
(2 sheets)
\dan\tc39405. rpt
TlBURON TOWN COUNCIL
STAFF REPORT
3/1/95
4
RESOLUTION NO. 95-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
DENYING AN APPLICATION FOR AN AMENDMENT TO THE CIBRIAN
SUBDIVISION PRECISE PLAN TO ALLOW A SECONDARY BUILDING ENVELOPE
ON LOT 2 (4 CIBRIAN DRIVE)
ASSESSOR PARCEL NO. 38-011-27
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
section ~ Findinqs.
A. The Planning commission has received an application from
Lawrence and Lacy Lang to amend the Cibrian Precise Plan to
establish a secondary building envelope on lot #2 (4 Cibrian
Drive). The application consists of the following:
1. Application form received 9/14/94
2. Area Plan by Nero Associates received 10/18/94
3. Partial Topography by Steve Jacobs received 10/18/94
B. The Planning Commission has held a dUly-noticed public
hearing on January 25, 1995, and has heard and considered
testimony from interested persons.
C. The Planning Commission has found the following:
1. The area of the proposed secondary envelope has
historically been plagued by slope instability and
landslides. When the original building envelope was
configured, slope instability was a material condition
in not permitting a secondary building envelope on the
subject lot.
2. The applicant's desire for a swimming pool is not a
compelling or justifiable reason to amend the
established Precise Plan for the subdivision. Other
property owners in the vicinity must be able to depend
on the protections afforded by the provisions of
Precise Development Plans.
3. The applicant has not demonstrated a significant
general welfare benefit from the envelope adjustment
which would help to justify changing the zoning
regulations for the property in question.
The rationale for the decision to deny the project is more fully
described in the minutes of the January 25, 1995 Planning
Commission meeting.
Tiburon Planning Commission Resolution No. 94-01 1/25/95
1
EXHIBIT NO,__! __.
Section ~ Denial.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby deny the proposed amendment of
the Precise Development Plan for the Cibrian subdivision.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on January 25, 1995, by the following vote:
AYES:
NOES:
COMMISSIONERS: Greenberg, Perlmutter, Schrier
COMMISSIONERS: Heckmann, Siewert
"
~TEST')' CoJL~ur
SCOTT ANDERSON, SECRETARY
//5// RANDY GREENBERG
RANDY GREENBERG, CHAIRWOMAN
Tiburon Planning commission
Tiburon Planning Commission Resolution No. 94-01 1/25/95
2
It was moved, seconded, and unanimously carried to continue this
item to the February 22, 1995, Planning commission meeting.
3.
PRECISE PLAN AMENDMENT #39405:
establish secondary building
Subdivision. Assessors Parcel
Lacy Lang, owners.
4 CIBRIAN DRIVE. Request to
envelope Lot 2, Cibrian
No. 38-011-27, Lawrence and
catron stated that this is a request for a Precise Plan Amendment
to add a secondary building envelope. This project is very similar
to a proposal approved in 1991 for the adjacent lot at 2 cibrian
Drive. At the time of approval of the project next door, the
Commission and Town Council found that the conditions on the
property had changed since 1984 and that secondary envelopes on
that lot could be accommodated.
staff believes that the same factors that justify the secondary
envelope on the adjacent property in 1991 also apply to this site.
Specifically, noted in 1991 was that the existing fire road had
been eliminated and that other homes in the vicinity have since
been constructed making it much easier to assess view blockage
impacts.
Staff is recommending that the Commission take public testimony and
adopt the draft resolution recommending that the Council approve
the Precise Plan Amendment.
Perlmutter asked Catron if this is a slide area and he replied that
he has seen that mentioned in the EIR for the Subdivision but that
this back portion of the hill has been reconfigured to repair any
danger of slides. Perlmutter asked Catron if 2 Cibrian and 4
Cibrian were prone to slides and he agreed.
Greenberg asked Catron if this was the reason that they were not
given the secondary envelopes in 1984 and Catron agreed. Greenberg
asked Catron if he had any data that those slides have been
repaired that said that he does not.
Schrier asked Catron where the geological conditions of the site
are addressed in the letter dated October 6, 1994, from the
Geotechnical Engineer. Catron stated that the letter was actually
only pertaining to the grading that was done for that pad and
stated that it was graded under the supervision of the Geotechnical
Engineer.
Greenberg mentioned that when she visited the site, she did not see
any staking for the proposed secondary building envelope.
Greenberg asked if the Eucalyptus trees are along the property line
and Mr. Lang, the applicant, said that his surveyor did a survey of
the property line and determined that half of the trees are on his
property and half are on the neighbor's property.
TIBURON PLANNING COMMISSION MINUTES OF JANUARY 25, 1995 Minutes No. 731
6
EXHIBIT NO. 2..
Greenberg asked Catron when the transmittal letter to Sanitary
District No. 2 went out and Catron replied that it went out on
November 29, 1994. Greenberg asked Catron if he followed up and he
said that he had not.
Larry Lang, applicant, addressed Perlmutter's concerns about the
stability of the lots. Mr. Lang said that when he read the soils
report for the SUbdivision, he found out that it is in a creep
zone. He said that he has begun the cut and fill of the backyard.
He stated that the density of the soil in the backyard is 85 to
87%. He mentioned that after he has completed the cut and fill,
the density will be over 92%, making for a more stable hillside.
He said that the level area is about 47 feet from the far side of
the sewer easement to the edge of the envelope and 80 feet wide.
He stated that this proposed secondary envelope would accommodate
a 15' X 40' pool. He said that the pool should never slide down
the hill.
siewert asked Mr. Lang where the slide areas are located that the
neighbors are concerned about and he replied that he did not know.
He said that when he built the house, which had to be engineered,
there were no slide areas to repair. He said that he has to make
the assumption that, prior to selling the lots, there had to be
slide repair.
Schrier asked Mr. Lang how close the pool will be to the sewer
easement and he replied that when he contacted Sanitary District
No.2, they said that the pool just needs to be out of the sewer
easement. Mr. Lang said that he would probably bring it out
another five feet to allow for a concrete patio around the pool.
Schrier asked Mr. Lang if the Sanitary District has a problem with
the access and he replied that they do not have a problem with that
as long they can access it. Greenberg pointed out that we do not
really know this for sure, since the Sanitary District never
responded to Catron's November 29, 1994, memo. Mr. Lang mentioned
that he could go personally to the Sanitary District and get the
documentation for the file. Greenberg suggested that he do so.
Schrier asked Mr. Lang if he thinks that a secondary envelope was
not allowed on his lot because of the danger of a slide. Mr. Lang
stated that he does not think that danger of a slide was the
reason, but it was because it was a fire road initially. Mr. Lang
said that it was later determined that there was no need for the
fire road and because of that, there is now additional room to
build.
Perlmutter asked Mr. Lang if he plans to live in this house and he
replied that he is planning to live there, but since he is a
developer, he may choose to live elsewhere. He mentioned that he
wishes to build a pool because his children enjoy swimming.
TJBURON PLANNING COMMISSION MINUTES OF JANUARY 25, 1995 Minutes No. 731
7
Greenberg opened the public hearing.
Richard Wood, 4995 Paradise Drive, said that he has resided there
for 20 years. He said that this development was fought by the
neighbors for a long time. He mentioned that an agreement was
reached that 2 Cibrian Drive and 4 Cibrian Drive were to be set
back far from the houses below and there were to be no secondary
envelopes. He said that there was a slide in the area, down toward
the Wernick's house, at 2 Cibrian Drive. Mr. Wood said that Mr.
Wernick was not told that he could not have a secondary building
envelope when he bought the property. He said that Mr. Wernick
received approval for a secondary building envelope that was
smaller than what was proposed. He said that he does not know if
Mr. Lang was told that secondary building envelopes were not
allowed there when he purchased the property, but he said that it
was agreed years ago that they would not be allowed and he feels
that this decision by the Town Council should be upheld.
siewert said that she was a Planning Commissioner in 1991 when the
secondary envelope was approved for 2 Cibrian Drive. She asked Mr.
Wood what his primary objections are to this application if only a
grade level pool, with the pool equipment hidden from sight, is
constructed and he replied that noise and lights from above are his
main concern. Mr. Wood said that if the pool is set back farther
toward the house, is small, is not lit and if minimal noise
emanates from the pool, it would be acceptable to him.
schrier asked Mr. Wood how he would feel about a different use for
the proposed envelope, such as a play area, and Mr. Wood stated
that this would be acceptable if the area is not lit and if the
noise level is kept at a minimum. Schrier asked him if he feels
that the noise level would be about the same as if a pool was built
there and he stated that it might be.
Schrier asked Mr. Wood how he feels about Mr. Wernick's pool and he
replied that it has not been constructed yet. Schrier asked Mr.
Wood which house is above him and replied that Mr. Wernick's house
is above him and Mr. Lang's house is over from him.
There being no one else wishing to speak, the public hearing was
closed at 8:30 p.m.
siewert feels that noise travels uphill, not downhill, thus she
does not think this should be an issue. She said that the Langs
have created a flat pad there, although she is unsure who approved
it. If a pool was built there, it would be low profile with low
fencing, and would be out of the neighbor's view. She said that
she cannot see an argument against this application. She stated
that slides can be repaired, as that is just an engineering
problem.
TIBURON PLANNING COMMISSION MINUTES OF JANUARY 25, 1995 Minutes No. 731
8
Perlmutter stated that, as Mr. Wood reminded the Commission, in
1984, a Precise Plan was approved by the Town Council that did not
include a secondary envelope for three lots, including Mr. Lang's
lot. He said that he is very reluctant to change it, unless there
were some mitigating circumstances. He said that a pool in a slide
prone area does not qualify as one of those circumstances. He said
that he cannot support this application.
Heckmann said that he tried to address this as a new application as
the situation may have changed. He mentioned that the fire road is
no longer an issue and there is a currently a Geotechnical Engineer
who is part of this project and has been on site. He believes that
engineering a structure, such as a pool, may actually stabilize the
hillside. He said that the main issue has to be whether the pool
has significant impacts on the neighbors. He feels that there are
other activities that could generate equal amounts of noise. He
said that there seems to be well over 100 feet to any adjoining
neighbor. He feels that this is an allowable change.
Schrier stated that he is in agreement with Perlmutter. He wants
consistency in the planning process. He does not feel that a
desire for a pool is an overriding reason to change the Precise
Development Plan, given the neighbor's concerns. He also said that
he still has concerns about the engineering.
Greenberg said that she is not clear about where the slide areas
area, but she stated that there are serious slide problems on the
whole back side of the peninsula. She is also concerned about
failure problems of other pools in that area of the peninsula. She
said that no slide evaluation has been done. She stated that
neighbors have expressed that they have concerns and unless there
was an overriding reason for a Precise Plan Amendment, she could
not support it.
MS SChrier/Perlmutter (3-2, Heckmann and Siewert opposed)
recommending denial of the project.
ADJOURNMENT
Having no further business, the commission adjourned at 8:42 p.m.
ATTEST:
RANDY GREENBERG, CHAIR
Tiburon Planning Commission
SCOTT ANDERSON, SECRETARY
T18URON PLANNING COMMISSION MINUTES OF JANUARY 25, 1995 Minutes No. 731
9
TOWN OF TIBURON
~~~[~O~~[Q)
FE3 2 1995
NOTICE OF APPEAL
TO\fv'N Uii\I'JAGER'S OFFICE
TO'NN OF TIBURON
APPELLANT:
Name:
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Address:
Telephone: ~/s-S/J:s..--~f:J
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(home)
ACTION BEING APPEALED:
Body: r?'4< ~~ J ".Ill (J...n ~ /5 <;j,,,./f.)
Date of Action: / - ;2..:s- - '7 ~
Name of Applicant: Mu./A (2'/'/Ge MIfJ.c.;
Nature of Application: ~c../~e 1J:c",J A'H!~1(':I/Jf~M-r IX :::9 VC:O-
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EXHIBIT NO. 3
~~
d;;z;
Date of Hearing:
2/20/95
The Tiburon Town Council
1155 Tiburon Blvd,
Tiburon, Calif 94902
RECEIVED
FEB 2 2 1995
Dear Councilmembers,
TOWN OF TIBURON
PLANNING & BUILDING DEPT.
Recently I was denied a secondary building envelop by the Tiburon Planning
Commission for my home at 4 Cibrian Dr.. I feel very strongly that the denial was unfair
based on the history and facts surrounding Ihe request. Listed below are the reasons for
my appeal:
I) In 1984 the precise plan amendment was approved for the subdivision, Secondary
envelops were approved for every home in the Cibrian subdivision except for lots I and 2.
The lots were never denied the secondary envelop because they were not requested, The
only reason I could find in the minutes and noles from 1984 for not requesting the
secondary envelops was that a fire road existed at Ihe time and might be needed 10 fight a
fire.
2) The fire department no longer needs the fire access road, There is a letter to file dated
10/21/94 from the Fire Marshal saying he has no problem with the secondary envelop and
that a pool with water in it would in fact be positive in the event of a fire,
3) In a letter dated 2/8/95, the Town of Corte Madera Sanitation Department stated that
it has no objection to a swimming pool as long as the pool does not encroach on the sewer
easement.
4) In a letter dated 10/24/94, Stan Bala the Town Engineer, felt the request was
reasonable from an engineering point of view.
5) In a letter dated 10/6/94, John Horn a Geotechnical Engineer, stated that the fill
placement for our backyard was compacted in accordance with the intent of the
recommendations presented in his previous soils report on the property.
6) In 1991 my neighbor Mr. Jack Wernick who owns lot I requested a precise plan
amendment for a 4500 sq. ft,secondary envelop, pool and cabana. The planning
department reccommended its approval. The planning commission and the town council
approved the secondary envelop.
7) Mr. Wood a neighbor who made statements at my hearing made the exact same
statements in 1991 to the commission. Mr. Woods home is directly behind Mr. Wernicks
home and not mine His home is over 200 ft from my lot. Below my lot is a row of
Eculyptus trees which provide privacy for my family and our downslope neighbor, We
have no impact on Mr. Woods, Mr.Woods has a pool that he and his family enjoy,
The setback from the secondary envelop to my trees is 65 10 95 ft,
8) I am requesting a secondary envelop of approximately 2550 sq, ft.. The purpose is to
build a 16'x40' pool. I am not requesting a cabana, The pool is inground and has no visual
impact on the downhill neighbor. I am willing to landscape and fence in any way
reccommended by the DRB to mitigate further any preceived impacts on my neighbors,
The work will be done by a competent contractor, soils and structural engineer. I am
asking to do the same thing less the cabana Mr. Wernick requested and had approved in
1991. My family would like the same benefits as other families in the area, My next door
neighbors Mr, Scarpa and Mr, Wernick have no problem with my request,
9) After studying our requests the planning department reccommended approval of Mr,
Wemicks lot in 1991 and for my lot in 1994,
10) One of the commissioners on the current board voted yes for Mr,Wernicks envelop in
1991 and no for my request in 1994. The circumstances since 1991 have not changed and
my request is no different,
In closing I am asking for your approval of the request for my secondary envelop, Again,
I only want enough envelop to provide a pool for my family. My next door neighbor had
the same request approved in 1991. The circumstances surrounding this issue have not
changed since Ihen, Thank you for your consideration.
February 8, 1995
u@\XlOO @o
~@[fQoo [D]~(]]OO[f~
300 TAMALPAIS DRIVE AT WILLOW AVENUE
P.O. BOX 159, CORTE MADERA, CA 94925-0159
Larry Lang
4 Cibrian Drive
Tiburon, CA 94920
RECEIVED
, FEB 2 2 1995
Re: A.P. #038-011-27
Dear Mr. Lang:
DI ...!9WN OF neURON
""".....100. a 8I.Ill..DING DEP't
The sanitary District No. 2 has no objection to construction of a
swimming pool on the east side of its sanitary sewer easement that
runs through your property, as long as no part of the proposed
swimming pool encroaches onto the said easement.
"S~~~'^'
Hamid Shamsapour
Associate Engineer
sincerely,
d '
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,
TOWN MA~JAGf~
T(:WN COL:lj~~L
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BUS Lie
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EXHIBIT NO. Y
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TOWN OF TIBURON
S. M. !Au
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OFFICE OF THE TOWN ENGINEER
772 TAMARACK DRIVE. SAN RAFAEL, CALIFORNIA 9490}. (4U) 491.4774
october 24, 1994
Dan Catron
Tiburon planning Department
Re : 4 Cibrian Drive
Precise Plan Amendment
Secondary Envelope for Swimming Pool
Dear Mr. Catron
Completeness of Application
The application is complete
Merits of the proiect
The amendment is reasonable from the engineering point of
view.
No comments.
Yours truly,
~;t;al~
Town Engineer
c Robert Kleinert
Scott Anderson
EXHIBIT NO. S-
(-
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....
If~ ~[lD [FarQ)~ f~ [FatE ~[FarQ)lftECIf~rQ)~ [J) ~ ~1f[Fa ~ CIf
TO:
Dan Catron, Planner
DATE: Oct. 21, 1994
FROM: Rosemary Bliss, Fire Chief
RE: 4 Cibrian Pool
The Fire District has no requirements for the proposed pool installation at
4 Cibrian in Tiburon. Our access to additional static sources of water in
the District is considered a valuable resource in the event of water main
failure following an earthquake.
RECEIVED
OCT 2 5 1994
TOWN OF TIBURON
PLANNING 8& aUI~CING CEPT.
EXHIBIT NO. 6
'-J(ClJil ( (
JOHN C. HOM & ASSOCIATES, INC.
1618 Second Street
San Rafael, CA 94901-2707
(415) 258-9027
October 6, 1994
Job Number 690.1
Lany Lang
1 Oak Knoll Road
Kentfield, California 94904
Dear Mr Lang:
Progress Report
Field Density Testing
Pool Area
4 Cibrian Drive, Lot 2
Tiburon, California
This letter presents th~ results of the field and laboratory density testing we conducted for fill
placement in the proposed pool area, and pier drilling at 4 Cibrian Drive, Lot 2, in Tiburon,
California. The pUf[X1se of our work was to determine if the operations met minimum speci-
fications as outlined on the Project Plans and Specifications, and our previous Geotechnical
Investigation Report dated June 13, 1989, and revised on February 9, 1990.
During fill placement preparation, our Field Geologist was on site intermittently to per-form field
density tests at random locations and elevations in accordance with ASTM D-2Cl22-81 and ASTM
D-3017-78 test procedures. The maximum dry density and moisture content were determined in
our laboratory in accordance with ASTM D-1557-79(C) test procedure. The results of the tests
are presented on the attached plates.
On the basis of our testing, it is our opinion that the fill placement has been compacted in
accordance with the Project Plans and Specifications, and in accordance with the intent of the
recommendations pre:;ented in our previous report. -
We trust this provides the information you require at this time. If you have any questions,
please call.
JCHljbc
Three copies submitted
copy: Diego Brothers
Yours very truly,
JOHN C HOM & ASSOCIATES, INC
C:9~
ohn C Horn
iviI Engineer - 28877
*. eotechnical Engineer - 412
Certificates Expire 3131195
EXHIBIT NO. -;:
Specializing in providing Geotechnical Services for Buildings, Bridges and Earth Structures,
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Reduced from Foundation and
Lower Floor Framing Plan, Sheet S-1
prepared by Nero, AlA
Dated 7/20/94
Not To Scale
JCCrHI
JOHN C. HOM
& ASSOCIATES, INC.
Geotechnic:al eonsuUants
J~
690 1
~Q;=~
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Oat.: 9/94
LOCATION OF PIERS
4 Cibrian, Lot 2
Tiburon, California
1
...
_ ,to _ . _ _."
62
61
PLATE
(
Pier II
Dcplhffotal Depth
Pacr #:
DcplhffOlal Dcplh
I S'nl'.{)" 33 s'no'-8"
2 6'n2'.{)" 34 2'no'.,;"
3 6'n2'.{)" 3S 2'nl'.{)"
4 s'nz'.{)" 36 S'n2'.,;"
S S'n3'.o- 37 S'nl'.{)"
6 s'no'.{)" 38 S'n\'.{)"
7 S'/1 I '.{)" 39 4'/11'.{)"
8 S'n3'.{)" 40 2'/11''';"
9 6'n2'.{)" 41 2'nl'.o-
10 6'n3' .0" 42 2'n\'.{)"
11 S'1I2'-6" 43 l'nO'-9-
12 S'n2'.o- 44 l'no'.{)"
- 13 S'n\'.o" 4S l'no'.,;"
14 S'/12' .,;" 46 O'1I1'.{)"
IS s'nz'-O" 47 l'no'-O"
16 S'nO'-8" 48 4''';"n\''';"
17 6'/12'.0- 49 4'/11''';"
18 S'/12'-O" SO 1'/11''';-
19 S'n2'.o" SI 1'/10''';"
20 s'no'.o" S2 l'no'.,;-
21 4'/13'.{)" S3 0'13'.0".
22 3'n\' .,;- S4 0'/10''';"
23 4'nO''';- SS 0'(2'.0".
24 4'/11''';- 56 0'/11'-0"
2S s'no'.o- 57 O'n\'.o"
26 3'/10'-T S8 4'/11'-0"
27 2'n\' .,;- S9 4'no'.o"
28 3'n 0'.0" 60 4'no'.o-
29 3'/11'-2" 61 0'/10'.0-
30 3'/11',10" 62 0'/11'-<)-
31 4'/11'.0- 63 O'{lO'-6"
32 S'n\'.o"
'* Drilled Piers Abandoned. Construel Spread Footings in These Areas.
~[)={]
JOHN C. HOM
& ASSOCIATES, INC.
Geotechnical Consunants
Job No:
690"1
Apff:~
De'.: 9 94
DEPTH OF PIERS
4 Cibrian, lot 2
Tiburon, California
PLATE
2
. . .\.. (
-
FIELD DENSllY TESTING SUMMARY
Test Dry % Moist. % ReI. Max Dry
No Location Elevation Density Con tent Compac. Density Remarks
1 pool 132,0 110,1 16,3 92,0 120,0
2 pool 132,0 110,7 17,4 92.0 120,0
3 pool 132.0 111.0 15.8 94,0 118.0
4 pool 133,0 119.5 15,9 94,0 126,0
5 pool 133,0 107,5 21.9 85,0 126,0 Fail
6 pool 133,0 116,0 15.9 92,0 126,0
7 - pool. 133,0 117,2 13,9 93,0 126,0 Retest #5
8 pool 133.5 109,3 16,7 94,0 116,0
9 pool 135,5 104,0 20,7 90,0 116,0
10 pool 139,0 106,8 19,6 90,0 119.0
11 pool 139,0 114.5 17,9 93,0 122.5
12 pool 141.0 111,5 15.7 93,0 119,0
13 pool 141.0 110.3 17.5 92.0 119,0
14 pool 142,0 109,7 17,6 94,0 116,0
15 pool 142.5 111.4 18.5 93,0 119,0
16 pool 143,0 107,8 15,5 91.0 119.0 ,
17 pool 146,5 110,8 13,8 94,0 118,0
18 pool 147,0 111.8 13,6 95,0 118,0
19 pool 147.5 113,0 12.4 95,0 118.0
20 pool 148,0 116,7 12,7 91.0 128,0
21 pool 148,0 115,8 12,8 90,0 128,0
22 pool 148,0 123,0 10,2 96,0 128,0
JJ~[J={] Jobl'!\" TESTING PLATE
0.1 FIElD DENS ITY
JOHN C. HOM Appr: ~ 4 Clbrian, lot 2 3
& ASSOCIATES. INC. J.t,::~
~ Tiburon, California
G80technicat eonsunants Dat.: 9/94
4154359175
D & R COOK
780 P01
(
J~N 20 "35 10:57
(
4965 PARADISE DRIVE, TIBURON, CA 94920-1072 Jan 20, 1995
MR DAN CATRON, ASSOCIATE PLANNER,
TIBURON PLANNING DEPARtMENT
1165 TIBURON BOULEVARD
TIBURON, CA 94920 FAX 435-2438
RE: LANG - POOL ADDITION- ASSESSOR'S
PARCEL .38-011-27. 4 Cibrlan Drive, Tiburon,
We do not object to a neighbor having a Swimming pool, per
say, however, in this pa<<rticular location we have great
concerns as to the stability of the soil and fear for a
futur~ disaster. E8pecially sinoe our lot i. looated on the
immedlate downside of a steep grade. Mr. Lang must have
been aware ot the rest~ictions on this lot when h@ bought
it.
We jOlntly own property at 5005 Paradis. Drive (Paroel
*38-031-03) whioh i. directly below 4 Cibrian Drive, Our
partner, Mr. R, N. Clayton joins us in Objecting to . pool
above our property.
It i. human nature that p@o~l@ 4r@ more concerned about a
disavter 8uch as Earthquake., Flood. and Slides immediately
alter the event ~han they are later when the disaster ia
most likely to ooour. Tiburon has be.n lucky on Earthquak@s
but have had their share of landslid~s destrOYing life and
property.
Torie & Torie of San FranClscO dld the original
environmental report and Herzog did the soil test for the
Cibrian Estates. The old numbered Lots 2 ~ 3 were judged by
them to be prone to landslides, Therefore, a swimming pool
was omitted in the. original bUllding envelope of these two
lots. (secondary building envelope),
We have had landslides on this Slope in the past, In 1982
the Nash property at Taylor and Cibrian almost slid down the
hill, Mr Janda's paroel adjoining 4 Cibrian Drive had an
@xpensiv@ slide repair jOb in 1982.
RECEIVEt
JAN 2 0 1995
TOWN OF TIBUROr
PLANNING a BUILOINCiI
EXHIBIT NO.~_
41S~353175
o & R COOK
(
780 P02
(
JR~ 20 '95 18:58
These tirst two lots or Cibrian Estates were .peoitioally
denied a secondary building envelope by the Tiburon Planning
Commission on duty at that time tor a GOOD reason, Nothing
has Changed sinoe that time but a Planning Commission.
We want to be a good neighbor but we do not wish to put our
property ot twenty five years in jeopardy. W. will hold
both the Town ot Tiburon and the property owner liable tor
.ny future dama8e.
~
~'OJ!. ~
Danl. ook Alice K, Cook Tr Ua
Aug 14, '89 0 & A Cook Family Trust
4965 Paradise Dr
Tiburon, Ca 94920-1072
435-3236 FAX 435-9176.
-2-
___.____;~:r'j-2J-'35 ~RJ 15:25 JD:
TE_ HO:41S-921-5990
~:323 POl
(
fw1nJ-
January 20, 1995
Mr. Dan Catron, Associate Planner
Tiburon Planninq Department
1155 Tiburon Boulevard
Tiburon, CA 94920
r., A.....or's Parcel No. 38-011-27
plan. to change the envelope
Lang property
Dear Mr, catron,
RECEIVED
.JAN 20 1995
TOWN OF TIBURON
PLANNING a. BUlblJlNG DEPT,
unfortunat.ly, neither my husban~ nor I will be able to attend the meeting
on January 25th concerning an amendment in the Precise Plan.,. tor a
secondary building envelope on Lot 2, Cibrian Drive; therefore, I hope you
will Consider this letter as in~ication of our concern.
When the initial plans were made for Cibrian Estates, it was agreed that the
Precise Plan for the cibrian subdivision would includll a restriction on
ewimaing pools, tennis courts, etc. tor various lots dus to privacy issues
concerninq the homes below the development. Realizing this was a concern to
homeowners whose privacy would be infringed upon, the homes were also moved
back and lighting was limited. This agreement by the developers and
homeowners allowed the development to go forward. In 8ubsequent years,
however, new owners have wanted to change this good faith agreement. We
should not be in a position of having to challenge the Langs. It is obvious
that the brokers selling the properties are not informing the buyers of the
lot restrictions, or the buyers feel they can reverse the decision once they
start building their homes. unfortunately, this is the second time wa have
had to deal with this new issue. Although we are grateful to the Planning
Commission's reduction in the scope of the project directly behind our house,
permission was still given to the owners to add a swimming pool. At that
time, we asked about the responsibility of current Planning Commissions to
follow through with promises made by their predecessors.
I do not like writing a letter requesting others not be allowed to add
something to their home. ! understand why the Langs want a pool; however,
their lot does not allow this feature due to its infringement upon the
privacy Of their neighbors, and I ~o not believe our rights ehould come in
second because sOmeone else wants to change the rules.
If you are not able to turn down this application, it seems appropriate to
revisit the entire development with the Town Council.
Thank you in advance for taking our concerns into consideration,
~ce};llIY ',~
V~~~
Christine and Richard Woo~
4995 Paradise Drive
Tiburon, CA 94920
EXHIBIT NO. 9
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Sheet .3 of 4
TO:
TOWN COUNCIL STAFF REPORT
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOR
MEETING DATE: 3/1/95
ITEM NO.: 1-
SUBJECT: PREZONE #R94-04: 4950 PARADISE DRIVE.
Request by Mr. James Knighton to prezone approximately
.23 acres for eventual annexation into the Town of
Tiburon
BACKGROUND
Address:
Assessor Parcel:
Case Number:
General Plan:
Lot Size:
Current Use:
Countywide Plan:
County Zoning:
Owner/ Applicant:
Date Complete:
Permit Streamlining
4950 Paradise Drive
38-052-06
R94-04
M (Medium Density Resid.) up to 3.0 du/ac.
.23 acre (approx. 10,000 sq. ft.)
single family residential
SF-5 (2-4 units/acre)
RSP-BFC (Residential Single Family Planned
Zone with Bayfront Conservation overlay)
Mr. James Knighton
N/A
Act Deadline: N/A
The subject property is a .23 acre lot located on Paradise Drive
opposite its intersection with Taylor Road. The lot is within an
interior block bounded by Paradise Drive and Ranch Road. Nearby
properties within the Town are all zoned RO-2.
The subject property is required to be annexed into the Town as a
precondition to being annexed into Sanitary District #2. The
applicant wishes to connect to the public sewer system because of
a failing septic system.
PROJECT DESCRIPTION
The applicant proposes to prezone the property for eventual
annexation into the Town. Staff recommends that the property be
zoned RO-2, the same as surrounding properties which are already
within the Town limits. The recommended zoning would require that
any further development of the property be done in conformance with
the development standards of the RO-2 zone.
neURON TOWN COUNCIL
STAFF REPORT
3/1/95
1
ANALYSIS
Prezoning and annexation of this property is consistent with
applicable General Plan policies. General Plan policy LU-6, which
addresses annexation of the Paradise Cay and vicinity states:
"Annexation of property in this sub-area should be based
on resident/property owner interest, cost/revenue
implications of specific annexation requests, and
provision of Town services to the property. Total
annexation of property in this sub-area is not
anticipated to occur prior to 1995. At such time as
annexation of property in this area is imminent, the Town
should pre-zone the property consistent with this General
Plan."
Extension of a sewer line from the Sanitary District #2 is
currently being pursued by the applicant.
PLANNING COMMISSION RECOMMENDATION
On February 22, 1995, the Planning commission voted to recommend
prezoning of the property to the RO-2 zone (see Exhibit 1).
ENVIRONMENTAL STATUS
This prezoning is categorically exempt from CEQA under section
15319 of the Act, which exempts the annexations of small parcels of
the minimum size for the construction of exempt facilities.
RECOMMENDATION
A draft ordinance has been prepared for the Council's review
(Exhibit 2). Staff recommends that following a public hearing, the
Council move to read by title only and proceed with First Reading
of the Draft Ordinance.
EXHIBITS
1. Planning Commission Resolution.
2. Draft Ordinance.
3. Application Form
4. Map
\scott\4950para.tc
TlBURON TOWN COUNCIL
STAFF REPORT
3/1/95
2
, '
RESOLUTION NO. 95-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING THE PREZONING OF PROPERTY AT 4950 PARADISE DRIVE TO
THE RO-2 ZONING DISTRICT ASSESSOR PARCEL 38-052-06
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinas.
A. The Planning Commission has received and considered an
application filed by Mr. James Knighton to prezone
approximately .23 acres in the Tiburon Planning Area to the
RO-2 zone. The property is Marin County Assessor's Parcel
No. 38-052-06.
B. The Planning Staff has recommended that the property be
prezoned to RO-2.
C. The Planning Commission held a duly noticed public hearing
on the prezoning request on February 22, 1995.
D. The Planning Commission has found that the recommended RO-2
prezoning is consistent with the Tiburon General Plan and
the Tiburon Zoning Ordinance.
H. The Planning Commission finds that the project is
categorically exempt from the requirements of CEQA per
Section 15319 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend that the Town
Council approve the prezoning of the property described on
Exhibits "A" and "B", to the RO-2 Zoning District.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on February 22, 1995, by the following vote:
AYES:
COMMISSIONERS:
Greenberg, Heckmann, Perlmutter,
Schrier & Siewert
None
. (a'-LJ I Jt 1 ~,
RANDY(~REENBERG,
Tiburcrri Planning
NOES:
COMMISSIONERS:
A~//
I ; ~h"-<1..t 1 \ ./
SCOTT ANDERSON, SECRETARY
\scott\4950para.res
Tiburon Planning Commission Resolution No. 95-draft 2/22/95
1
EXHIBIT NO..L
ORDINANCE NO. _ N.S.
A ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PREZONING OF CERTAIN
PROPERlY LOCATED AT 4950 PARADISE DRIVE
ASSESSOR PARCEL NO. 38-052-06
WHEREAS, the Town Council of the Town of Tiburon does ordain as follows:
Section 1, Findinl!s.
A. An application has been received from Mr. James Knighton to prezone
approximately .23 acres of property described as Marin County Assessor's Parcel
No, 38-052-06.
B. The Planning Commission held a duly noticed and advertised public hearing on
February 22, 1995, and recommended prezoning of the property to RO-2 zone.
C. The Town Council has held a duly noticed and advertised public hearing on
, 1995, and has considered all testimony in reaching its decision.
D. The Town Council finds Ihat the project is categorically exempt from the
requirements of CEQA per Section 15319 of the CEQA Guidelines.
E. The Town Council finds that the prezoning is consistent with the goals and
policies of the Tiburon General Plan.
Section 2. AnnrovaI.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of
Tiburon does hereby prezone Ihe subject property, as shown on the attached Exhibits "A"
and "8", to the RO-2 Zoning District. This zoning shall become effective immediately
upon annexation of the property to the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 1995 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ArrEST:
ANDREW THOMPSON, MAYOR
, TOWN CLERK
\scott\4950para.ord
EXHIBIT NO. 1
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JILL 'llm1- CERTAIN real ~~ Ly si tiiat.e 'fu the CoJoty of Marin, State of' CaJ.ifornia,
descc:l.bed below as follows:
#.
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pl\RCEL OOE:
Ilegi.nning at a point en 'the No:rt;heasterly line of paradise Drive, distant therea1
North 47. 27' West 120 feet frail the lIDSt: Westerly = of 'that c:erta:in parcel of
land cxnveyed by Roy C. Squire, et we -to Et:he1. S~, by Deed reu...::ded FeI:n:uary
28, 1950 in Bod< 639 of Official Records at Page 374, Marin County Records: running
thence along the said line of Paradise Drive North 470 27' West 85 feet; i:hence en
a curve -to the right ~ radius is 100 feet, a distance of 33 feet -to a point;
said point also being the IIOSt ScArtherly = of that certain parcel of land
cx:nveyed by Frank fiJward Allen, et ux to William Hillebrand, 1~.Jed l\UgUSt 8,
1944 in Book 473 of Offici.al ~Js at Page 2, Marin CoJoty ReaJrdg; ronning
thence' ala>g the Southerly line of' said l.ast IlaImd parcel, North 45. 14' East 9B. 38
feet to the lIDst Westerly oomer of that certain parcel of land a::nveye:l to
Clarence G. Hughes, et we, by FJ:'ank H<Mard Allen, et UK, by Deed ~.Jed July 11,
1949 in Book 619 of Official Records at Page 136, Marin County Recnrds; running
thence alcrq the Southwesterly line of the parcel so anveyed to Hughes, Sout11 47.
27' East, 118 ,63 feet. to the IOClst Scutherly =ner thereof; running thence South 4f>'
01' West 103.76 feet to the point of begi.nniog. " ' "
Being porticns of Lots 134 and 136 as shawn upal 'that cerlain Hap enti tied "Map of
paradise Cove, Subd. No. Two, Marin County, Cal.", filed f= :t:=>01.J lIpril 18, 19-11 .
in VolUIE 5 of Maps, at Page go,Harin County Records. .
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II, TOWN OF TIBURON r:{
CO~..MUNllY DEVELOPMENT DEPAFI . ,vtENT
LAND DEVELOPMENT APPLICATION
"
TYPE OF APPLICATION
o Conditional Use Permit
o Conceptual Master Plan
o Tentative Subdivision Hap
o Variance
o Precise Development Plan
o Final Subdivision Hap
A:-Rezoningkzoni;;'j
o Sign Permit
o Lot Line Adjustment
o Design Review
o Ue II Perm; t
o Tree Permit
o General Plan Amendment
o Zoning Text Amendment
o Parcel Hap
o Underground Waiver
o Certificate of Compliance
o Other
APPLICANT REQUIRED INFORMATION
Assessor Parcel(s):
03e OSf 06
Zoning: He RC;fl '/.~~
.
CCNfOlGMUVc.,..
General Plan Designation: SA" F~NT GO~S. RES. OI!.lR.I?J
4'l0o 'P>l-SZI<\ CI~~ l)e .) -ri e..., e."..J
Property Address:
4 . Property Owner Name: .....J<\+1~ L. ~,'" I-/'r=>-J
. Mailing Address: 4-"ll3>0 ~I-s.r~.
City, state, Zip: -f,""e.u-.J, C-A <=l4'\z.o
'Phone Number: 4,17. 1-8"l. Q3L70 FAX Number: ~O. (001.3:1'1"2-
5. Applicant Name: J~<15 L. ~tJlC::,~
Mailing Address: 4'1S0 ~l>ISe'~
City, State, Zip: -r.~2CI-.l, c.A C\~'Z..O
Phone Number: 4fT? :;'8"1' "Y5o
6. Property Size: O. 23 ~
7.
8.
FAX Number: ?/o.bol.i!!39v
Please briefly describe the purpose of the application (what you want
to accomplish, attach separate sheets if needed).
;k ;>~ oF-.I4I1?li'NcYl'M"7o"/ plf!.o..Je-er 77) ~ ;-I-,,~e' LLJGo1l _0 ~ M.r<J ;O~/hr
r A1l'hoJr)7:J JHtJJ:-. vI' rt) 7710;- ~"""L- .:5'ew~ .s''t'.J~ ,.4-"" n>-,clir nI-cr ;.J.....;.s..s-
~F /1:':5 Vl?12o/ ~~ ..5a>n~ ~.IrE""-t. '~Reza~ ~ 1<0 -2 IJ?... ~_
i:Fj~ &-V"""~_~:+I-(I Jf ~~~+IL_I._.
. V\ . -t'" ~ "';-l' /..L.H-.,;;;,
S~gnature: n- .
~ow ____Applicant (must have signed letter from owner) I
DO NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING
EXHIBIT NO._
4I)nli~ati"n No ' ~- 9b(.(')4
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EXHTRIT NO.
u "
TOWN COUNCIl, STAFF REPORT
TO:
TOWN COUNCIL
MEETING: MARCH 1, 1995
ITEM NO: S
FROM:
FINANCE DIRECTOR
-
SUBJECT:
ACCEPT AUDITED FINANCIAL STATEMENTS OF THE TOWN
FISCAL YEAR ENDED JUNE 30, 1994
Background:
This item is for acceptance of the audited General Financial Statements of the Town for the Fiscal
Year ended June 30, 1994,
Discussion:
Cooper's & Lybrand has conducted and completed the annual audit of the Town's General and
Redevelopment Agency Financial Statements, The audit was commenced in October 1994 and
completed in January 1995. There were some timing delays associaled with our Auditor receiving
financial information from other government agencies and entilies which are an important part of
Ihe Final Report, The audited financial statements are consistent with generally accepted
accounting and financial reporting standards, The financial report continues to evolve and now
includes supplemental statements for the General Fund, Tiburon secured assessed valuation, as
well as comprehensive footnote information concerning Town participation in the Public
Employee Retirement System, ABAG PLAN liability insurance pool, and the Marin County Risk
Management Authority workers' compensation insurance pool.
Organization of the Final Financial Report:
(1) General purpose or overview financial statements and footnoles to the statements are
provided in pages 1 to 25,
Combining statements for the General Fund - regular Operating Fund, as well as all other
Designated Reserves are provided in pages 28 and 29,
(2) Combining statements of assets and liabilities, and revenues and expenditures are provided
for all fund types - General Fund, Special Revenue, Debt Service, Capital Projects, and Fiduciary
& Agency - are provided in pages 30 through 45,
(3) Supplemental statements concerning the Fund Balances of the General Fund and its
Designated Reserves, and other Town restricted or special purpose Funds, General Fund revenue
sources, assessed valuation, and PERS are provided in pages 46 to 50,
Page 1
TOWN COUNCIL STAFF REPORT
Overview of Report Data:
The combined General Fund balance as ofJune 30, 1994 is $3,067,212, The Unallocated Reserve
balance is $857,703, the combined balances of the Designated Reserves is $2,209,509 (Footnole
No, 7, and the combining statements presented in pages 28 and 29 provide information,
concerning these balances,)
The Stale Gas Tax Fund has a June 30th balance of$84,618, This unreserved amount represents
less than one year of Gas Tax revenue to the fund,
The Low/Moderate Income Housing Fund has a balance of $652,480, and $359,010 is owed to
Ihe fund (this includes the 1992 Bradley House construction loan,)
Fund balances, as of June 30, 1994, for certain Capital Projects Funds are lisled below, Other data
concerning these funds may be found on Report pages 38 and 48,
Open Space Acquisition Fund .....,..'......,.., $562,255
Flood Plain Restoration Fund ,............,........ 246,276
Marsh Restoralion Fund.........,..,..,..,..,........ 114,882
Property Development Fund,............,..,..,.... 125,329
Tiburon Boulevard Improvement Fund,..,...... 49,532
Supplement Slatement, Page 46, presents General Fund Revenue & Expenditure data since 1989,
Since June 30, 1989 total General Fund resources have grown from $1,709,897 to $3,067,212,
Supplemental Statement, Page 47, presents Ihe source of General Fund Revenues in the last len
(10) fiscal years, This table includes certain primary revenues - property taxes, sales taxes,
transienl occupancy taxes, real property transfer taxes, state motor vehicle in-lieu fees, investment
earnings - and aggregates other revenues by general category,
Supplemental Statement, Page 49, presents the total secured tax base ofTiburon, from July 1982
to July 1994, Secured assessed valuation has grown by 249 percent since 1982,
Recommendalion:
] , Council accept the Annual Audit of the Town's Financial Statemenls for the Fiscal Year
ended June 30th 1994,
Exhibits:
1. Fiscal Year 1993-94 Audited Financial Statements of the Town
(printed final copies will be distributed at the meeting)
Page 2
i +em : uJ
TOWN OF TIBURON
1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) ..05-7373
FAX (415) 4J5-2438
February 16, 1995
Brock Arner
City Manager
City of Sausalito
P.O. Box 1279
420 Litho Street
Sausalito, CA 94966
Ed San Diego
City Manager
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920
Douglas Dawson
City Manager
City of Mill Valley
P.O. Box 1029
26 Corte Madera Avenue
Mill Valley, CA 94942
SUBJECT: SOUTHERN MARIN POLICE CONSOLIDATION
Gentlemen:
The attached I-J article regarding police consolidation in Southern Marin was briefly
discussed by the Tiburon Town Council at its regular meeting last night. Considering
Tiburon's new Town Hall and Police facility program efforts, there was certain interest
expressed by our elected officials.
The purpose of this inquiry is to determine if other Southern Marin agencies are possibly
interested and willing to explore the concept at this time, It was suggested that perhaps a
meeting of the City Managers, Police Chiefs and one (1) member of each City Council
would be appropriate and productive, Please let me know your thoughts. If there is
sufficient interest, I will arrange for a mutually acceptable time and location.
C:\wp51\lellen\CllymR"
Such consolidation is obviously not a new concept, but perhaps the timing is right for such
a discussion. We also recognize the Southern Marin Fire Consolidation Program is
progressing and remains the first priority,
Thank you in advance for considering this request.
Sincerely,
Robert L. Kleinert
Town Manager
RLKda
Attachment
cc: Town Council
Chief of Police
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TlB.JlRON BUDGET CALENDAR
Two- Year Municipal & Redevelopment Agency Budget
Fiscal Years 1995 - 1996
Fiscal Years 1996 - 1997
January
18
Finance Director Provides Budget Calendar & Budget Worksheets to Department Heads
February
1
15
22
Departments Directed to Prepare 2- Y ear Budget Programs
Town Engineer Directed to prepare 2- Y ear Capital Improvements Plan
Finance Director Prepared Estimate of Projected Revenues & Expenditmes for Fiscal years
1994 & 1995
March
8
24
27
30
Fiscal years 1994 & 1995 Estimated Reven~e & Expenditure Report Submitted to Town
Manager
Departments S~bmits Budget Proposals to Finance Director
Town Engineer Submits Capital Improvements Plan to Finance Director
Finance Director Reviews Departmental & Town Engineer Budget Proposal with Town
Manager
April
11
12
13
14
Town Attorney Meets with Town Manager & Finance Director to Discuss Budget Reports
Community Development Meets with Town Manager & Finance Director to Discuss B~dget
Reports
Police Department Meets with Town Manager & Finance Director to Disc~ss Budget Reports
Public Works Department Meets with Town Manager & Finance Director to Discuss Budget
Reports
Administration Department Meets with Town Manager & Finance Director to Discuss Budget
Reports
Town Manager Meets with Town Engineer to Disc~ss Capital Improvements Plan
Finance Director Revises Fiscal Year 1994-95 Revenue & Expenditure Estimates
Town Manager Approves Preliminary B~dget Programs for Fiscal Year 1995-96 & 1996-97
Finance Director Prepares 2- Y ear Preliminary Budget
14
17
19
21
24
May
17
31
Town Council Budget Hearing (Budget Overview)
Town Council Budget Hearing (Operating Departments)
June
13
21
Town Co~ncil Budget Hearing (Capital Improvement Program)
Town Co~ncil Budget Hearing (Final Review & Adoption)
C\wp.51\tc\BudCal
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FAR EXCEPTION GRANTED FOR 26 PASEO MIRASOL
1. Address of property receiving exception
26 Paseo Mirasol
2. Nature of project
Addition of new floor area in dining area 81 sq.ft,
3. Maximum Floor Area allowed without an exception
3,228 sq.ft.
4. Amount of Floor Area approved in exception
The total existing square footage is 3,464 sq.ft., which is
already over the FAR. They are now adding another 81 sq.ft.,
which was granted by the Design Review Board on February 16,
1995, and the new FAR total will be 3,545 sq. ft. They will be
over the FAR limits by 317 sq,ft.