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Home My WebLink AboutTC Agd Pkt 1997-12-03 , TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BL YD. MEETING DATE: MEETING TIME: CLOSED SESSION: DECEMBER 3, 1997 7:30 P.M. 7:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes: (5) Speak Directly into Microphone. REDEVELOPMENT AGENCY A. ROLL CALL B. BUSINESS MEETING 1) APPROVAL OF MINUTES - #RA56-97 - September 17,1997 2) 1155 TIBURON BOULEVARD: Purchase of 1.51 Acres of Town-owned Property by the Tiburon Redevelopment Agency for Purposes of Private Development of a Senior Housing Project containing Affordable Housing Units; AP#58-l5l-23 (portion) - (Purchase and Sale Agreement & Resolution) C. PUBLIC HEARING 3) AMENDMENTS TO REDEVELOPMENT PROJECT HOUSING IMPLEMENTATION PLAN - (Resolution) D. ADJOURNMENT TOWN COUNCIL A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) 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 referred to the appropriate Commission, Board, Committee or Stafffor consideration and/or placed on afuture meeting agenda. D. COUNCIL. COMMISSION & COMMITTEE REPORTS , E. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES 1) APPOINTMENT OF TOWN COUNCILMEMBERS TO TOWN & REGIONAL COMMITTEES F. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member a/the Town Council, Town Staff, or the Public may request removal of an item for discussion. 2) TOWN COUNCIL MINUTES - #1126, November 5, 1997 - (Approve) 3) FUND TRANSFERS - FY1997/98 Budget Authorization - (Approve) G. UNFINISHED BUSINESS 4) RUSD AMENDED AGREEMENT AND PROPERTY TRANSFER, 1101-1185 Tiburon Boulevard - (Agreement & Resolution) 5) MAIN STREET ADA TRAFFIC IMPROVEMENTS - (Status Report by Town Engineer) 6) CYPRESS HOLLOW ANNEXATION INTEREST: Consideration of Resolution Requesting the Local Agency Formation Commission to Undertake Proceedings for Annexation of the Cypress Hollow area to the Town of Tiburon - (Resolution) H. NEW BUSINESS 7) 1501-1505 TffiURON BOULEVARD: New Library and Town Hall Flood Plain Area Improvements - (Presentation by Carducci Associates, Landscape Architects) 8) SALE OF TOWN-OWNED PROPERTY AT 1155 TffiURON BOULEVARD - 1.51 Acres to Tiburon Redevelopment Agency for Purposes of Private Development of a Senior Housing Project Containing Affordable Housing Units; AP# 58-151-23 (Portion) - (Resolution) I. PUBLIC HEARING 9) REQUEST FOR EXTENSION OF TIME FOR APPROVED PRECISE DEVELOPMENT PLAN - 375 Taylor Road (pD#7; File #39704); Miranda Leonard, Owner; John Walker, Applicant; AP# 38-182-42 - (Resolution) J. COMMUNICATIONS K. STAFF & TOWN MANAGER REPORTS 10) MILL VALLEY REFUSE SERVICE MINI CAN PROGRAM - (Town Manager) 11 ) OVERVIEW OF NEW POLICE STATION & SENIOR HOUSING PROJECTS - (planning Director) L. ADJOURNMENT - To Monday, December 8,1997, 7:00p.m. (Interviews for Plonning Commission) , NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL DATE OF MEETING December 3 1997 No. 19-1997 Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific information regarding this meeting is indicated below; 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: Allen and Rose Finl!erhut v. Town of Tiburon. a Municipal Corporation: Tiburon Town Council: Terrv Hennessv. Jerrv Thaver. Mark Ginalski. Andrew Thompson. Nickv Wolf: and Does 1 throul!h 15. inclusive (Marin County Superior Court Case No. 171918) :r Je~#~- I REDEVELOPMENT AGENCY MINUTES CALL TO ORDER Chair Hennessy called the meeting of the Redevelopment Agency of the Town ofTiburon to order at 7:35 p.m., on Wednesday, September 17, 1997 in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT BOARDMEMBERS: Ginalski, Hennessy, Thayer, Wolf BOARDMEMBERS: Thompson EX OFFICIO Acting Executive Director Anderson, Interim Town Attorney Sharp, Finance Director Stranzl, Police ChiefHerley, Senior Planner Watrous, Minute Clerk Crane B. APPROVAL OF MINUTES 1) RA #54-96 (September 4, 1996); RA#55-96 (October 2, 1996) MOTION Moved: Vote: To approve above Minutes Ginalski, Seconded by Thayer AYES Hennessy, Ginalski, Thayer, Wolf NOES None ABSENT: Thompson c.. ANNUAL MEETING 2) FY 1996-97 Financial Report 3) FY 1997-98 Budget Review and Modifications 2. Finance Director Stranzl repor.ted the year-end [June 30, 1997] balance in the Housing Set-Aside Fund was $404,000 He also noted that the agency would sunset in the year 2002. 3. Finance Director StraHzl said there would be a decrease in investment earnings in the coming year and an increase in the appropriation for legal services relating to the development of the Ned's Way Senior Housing Project. He proposed revising the total expenditure appropriation upward by $11,3 00. RA#56-97 September J 7, 1997 MOTION Moved: Vote: To Accept the above Reports Wolf, Seconded by Thayer AYES: Ginalski, Hennessy, Thayer, Wolf NOES: None ABSENT Thompson There being no further business before the Redevelopment Agency of the Town of Tiburon, Chair Hennessy adjourned the meeting at 7:43 p.m., sine die. THERESE M. HENNESSY, CHAIR ATTEST DIANE L. CRANE, MINUTE CLERK R.A#5()-~7 September 17. 1 ~~7 2 , TIBURON REDEVELOPMENT AGENCY STAFF REpORT ITEM NO. t.A-:Jt~ . MEETING DATE: 12/3/97 To: From: Subject: REDEVELOPMENT AGENCY SCOTT ANDERSON, PLANNING DIRECTO~ 1155 TffiURONBOULEVARD: PURCHASE OF 1.51 ACRES OF TOWN- OWNED PROPERTY BY TffiURON REDEVELOPMENT AGENCY FOR PURPOSES OF PRIVATE DEVELOPMENT OF A SENIOR HOUSING PROJECT CONTAINING AFFORDABLE HOUSING UNITS; ASSESSOR PARCEL NO. 58-151-23 (portion) NOVEMBER 24, 1997 Date: BACKGROUND The Town of Tiburon has been working toward the sale ofa portion of the former Town Hall property at Ned's Way and Tiburon Boulevard for the past few years. The property is intended to be developed as a senior housing project with a complement of affordable units. Proceeds of the sale are to be spent toward construction ofa new police facility, as authorized by Tiburon's voters in a June 1995 election. It has been determined that the best method to secure the will of the voters is for the Town to sell the property to the Tiburon Redevelopment Agency, which would in turn sell the property to a private developer to construct the senior housing project. ANALYSIS The proper tool for sale of the property to the Tiburon Redevelopment Agency is for the Town and Agency to enter into a "Purchase and Sale Agreement", a draft of which is attached as Exhibit 1. A draft Resolution approving execution of the Purchase and Sale Agreement is attached as Exhibit 2. In order to fund the purchase, the Tiburon Redevelopment Agency will borrow from the Town of Tiburon's Affordable Housing In-lieu Fund approximately $650,000. The Agency will also expend its approximately $400,000 in housing set-aside monies, and will provide the Town with a note for the balance of the purchase monies based upon a known revenue stream from future housing set-aside monies. It would take approximately 2 to 3 years to pay off the note, unless, as expected, the Agency sells the property to a private developer in the next year or so, in which case the note would most likely be paid back even sooner. Tiburon Redevelopment Agency Staff Report 1213/97 1 , The Tiburon Town Council will also be considering approval of the Purchase and Sale Agreement at its December 3, 1997 meeting. , RECOMMENDATION That the Board adopt the Resolution approving the execution of the Purchase and Sale Agreement, and agreeing to the loan from the Town's In-lieu Housing Fund. EXHIBITS 1. Draft Purchase and Sale Agreement. 2. Draft Resolution. 3. Drawing showing property to be purchased. \scott\pursale.rpt Tiburon Redevelopment Agency Staff Report 12/3/97 2 , PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (the "Agreement") is entered into as of November ,1997 by and between the Town of Tiburon, a municipal corporation (the "Town") and the Tiburon Redevelopment Agency, a public body, corporate and politic (the "Agency"), with reference to the following facts and purposes. RECITALS A. The Town is the fee owner of that certain parcel containing approximately 1.5 acres located at 1155 Tiburon Boulevard in Tiburon as more particularly described in the attached Exhibit A (the "Property"). B. The Property is one of the few remaining parcels in Tiburon suitable for the development of housing containing units affordable to persons and families of very low income. C. Development of the Property with affordable housing will promote municipal goals and objectives of the Housing Element of the Town's General Plan. D. Development of the Property with affordable housing will enable the Agency to achieve affordable housing policies of the California Community Redevelopment Law (with particular reference to the affordable housing policies set forth in Health and Safety Code Sections 33070 and 33071) and of the redevelopment plan administered by the Agency. In addition, such development of the Property will assist the Agency in meeting its housing production obligations with respect to various redevelopment project areas in accordance with the provisions of Health and Safety Code Section 33413(b) (2) (A) (ii). E. The parties have determined that their respective goals, objectives, and policies with respect to development of the Property for affordable housing purposes can best be achieved through conveyance of the Property by the Town to the Agency in accordance with the terms of this Agreement. Conveyance to the Agency will facilitate the use of Agency development expertise, monitoring capabilities and financial resources (including, as appropriate, the use of tax increment revenues deposited in the Agency's Low and Moderate Income Housing Fund) to promote timely reconveyance and redevelopment of the Property for affordable housing purposes. F. Pursuant to Health and Safety Code Section 33220(a), the Town is authorized to convey the Property to the Agency. 102\04\105249.01 -1- "'XHIBIT NO. I G. Pursuant to Health and Safety Code Sections 33391 and 33449, the Agency is authorized to acquire the Property for purposes of providing affordable housing. H. The Agency intends to apply the affordable housing units to be developed on the Property toward the satisfaction of the Agency's project area housing production obligation under Health and Safety Code Section 33413(b) (2) (A) (ii). I. The Agency and the Town have set the purchase price of the Property based on the eventual development of approximately twenty-five (25) housing units on the Property. Based on an appraisal, the purchase price for the Property set forth in this Agreement does not exceed the Property's fair market value for the development contemplated by the Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Agency and the Town agree as follows: Section 1. Purchase and Sale of the Property. Subject to the terms and conditions set forth below, the Town agrees to sell, and the Agency agrees to purchase, the Property. Section 2. Conditions Precedent to Aqencv's Obliqation to Purchase the Property. The Agency's obligation to purchase the Property is contingent on the satisfaction of the following conditions by the dates specified. a. site Adequacy Determination. The Agency shall have made a determination, in the manner and within the time set forth in this subsection (a), that the Property is suitable for development of the housing development intended by the Agency, taking into account the presence or absence of toxic or other hazardous materials, geotechnical and soils conditions, and other environmental factors that the Agency deems relevant. The Agency shall have a period of ten (10) days following the date of execution of this Agreement (the "Review Period") within which to determine the suitability of the Property. During the Review Period, the Agency shall have the right, at its sole cost and subject to. the further terms of Section 12, to enter onto the Property to conduct whatever environmental, soils, groundwater, and other tests and investigations it desires. The Agency shall promptly furnish the results of such tests and investigations to the Town. If, in the Agency's judgement based on such tests and investigations, the Property is in such a condition as to require the Agency to reject the Property, it may so notify the Town in writing prior to the expiration of the Review Period. Upon such 102\04\105249.01 -2- , timely notification, this Agreement shall be terminated without further action of either party, and thereafter neither party shall have any further duties, obligations, rights, or liabilities under this Agreement. If the Agency notifies the Town in writing prior to expiration of the Review Period that it has made a positive Determination, or if the Agency fails to provide any notification to the Town regarding this matter prior to expiration of the Review Period, the condition set forth in this subsection (a) shall be deemed satisfied and this Agreement shall continue in effect. b. Obiections to Title. Upon execution of this Agreement, the Town shall cause California Land Title Company to issue a Preliminary Title Report (the "Report") on the Property to the Agency. If the Agency objects to any exception appearing on the Report or should any title exception arise after the date of the Report, the Agency may object to such exception, provided such objection is made to Town in writing on or before 5 o'clock P.M. on the tenth (loth) day after the Agency receives the Report or is first informed in writing by the Title Company of the exception, as the case may be. If the Agency objects to any exception to title, the Town, at its option, may either (i) cause the exception to be removed of record, (ii) obtain an appropriate endorsement to the policy of title insurance to be issued to the Agency, insuring against the objectionable exception, or (iii) terminate this Agreement unless the Agency elects to take title subject to such exception. If the Town has not removed or provided insurance against such objectionable exception at ~~ prior to the closing of escrow, the Agency, at its option, may either (x) take title to the Property subject to such exception, but without reduction in the Purchase Price, or (y) terminate this ~greement. If either party elects to terminate this Agreement pursuant hereto neither party shall thereafter have any obligations to or rights against the other hereunder. The Agency expressly acknowledges that the Town has no obligation to remove or insure against any objecti9nable exception to title. Section 3. Purchase Price. The Purchase Price for the Property shall be One Million Four Hundred Thousand Dollars ($1,400,000) . Section 4. Payment of Purchase Price. Upon the Close of Escrow, the Agency shall pay the Purchase Price to the Town outside of Escrow. Section 5. Openinq Escrow. Upon execution of this Agreement, the parties shall establish an escrow (the "Escrow") with California Land Title Company (the "Escrow Holder") . 102\04\ 105249.01 - 3 - Section 6. Close of Escrow. Provided the conditions set forth in Section 2 have been satisfied, and subject to the provisions of Section 7 below, Escrow shall close on a date mutually agreeable to the parties but in no event later than June 30, 1998. Upon close of Escrow, the Town shall convey the Property to the Agency by grant deed in form reasonably acceptable to the Agency (the "Grant Deed") . This Agreement shall constitute not only the agreement of purchase and sale between the Agency and the Town, but also joint instructions to the Escrow Holder for the consummation of such purchase and sale through the Escrow. The Escrow Holder shall not prepare any further escrow instructions restating or amending this Agreement unless so instructed by both parties. The Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, any further instructions approved in writing by both parties, applicable law, and custom and practice in the County of Marin. Subject to satisfaction of the conditions set forth in Section 2, the Escrow Holder shall close the Escrow by recording the Grant Deed and any other documents reasonably required to be recorded and taking such other actions as may be specified in this Agreement and any further instructions approved in writing by both parties. section 7. Condition of Title. At close of Escrow, the Town shall have insurable title to the Property, free and clear of all liens, encumbrances, clouds and conditions, rights of occupancy or possession except: a. applicable building and zoning laws and regulations; b. the provisions of the Grant Deed; ;c. any lien for current taxes and assessment or taxes and assessment accruing subsequent to recordation of the Grant Deed; and d. any other exceptions not objected to by the Agency, or for which the Town has obtained an appropriate endorsement, pursuant to section 2(b). Section 8. Condition of Property. In fulfillment of the purposes of Health and Safety Code Section 25359.7(a), the Town hereby represents and consents that it has no knowledge, and has no reasonable cause to believe, that any release of hazardous substances has come to be located on or beneath the Property. The Town and the Agency understand and agree that the Property shall be purchased "as is" by the Agency and that the Town shall in no way be responsible for demolition, site preparation or any other removal or replacement of improvements thereon. The Agency agrees to accept conveyance of the Property in its present condition, "as is" and without representation or 102\04\105249.01 -4- , warranty from the Town with respect to the condition of the Property, including, but not limited to, the condition of the soil, presence of hazardous materials or contaminants, and all other physical characteristics. The Agency has performed and will perform and relies solely upon its own independent investigation concerning the physical condition of the Property, compliance of the Property with any statutes, ordinances, rules or regulations, and suitability of the Property for development and operation of the housing development intended by the Agency. If the conditions of the Property are not in all respects entirely suitable for the use or uses to which the Property will be put as described in this Agreement, then it is the sole responsibility and obligation of the Agency to correct any soil conditions, correct any subsurface condition, correct any structural condition, demolish any improvements and otherwise put the Property in a condition suitable for the development and operation of the housing development intended by the Agency. The Agency hereby waives any right to seek reimbursement or indemnification from the Town of the Agency's costs related to correction of any physical conditions on the Property, including but not limited to the presence of hazardous materials. Section 9. Costs of Escrow and Closinq. Ad valorem taxes, if any, shall be prorated as of the date of close of Escrow. The Agency shall bear all other costs of Escrow including, without limitation, costs of title insurance, transfer tax (if any), document preparation, recording fees, and Escrow Holder fees. The costs borne by Agency pursuant to this Section 9 shall be in addition to the Purchase Price for the Property. Section 10. Title Insurance. As a condition to the close of Escrow, California Land Title Company shall be ready to issue a CLTA Owner's Policy of Title Insurance to the Agency in the insur~ble amount of the Purchase Price and showing only those exceptions to title described in Section 7. section 11. Representations and Warranties. The Town represents, warrants and covenants to the Agency, as of the date of this Agreement and as of the date of close of Escrow, as follows: a. No Condemnation. To the best of the Town's knowledge, there is no pending or threatened condemnation or similar proceeding effecting the Property, or any portion thereof, nor does the Town have any knowledge that any such action is contemplated. b. No Proceedinqs. To the best of the Town's knowledge, there are no legal actions, suits, or other legal or administrative proceedings, including condemnation cases pending or threatened against or affecting the Property or the Town's title to the Property. The Town has not received notice from any 102\04\105249.01 -5- !1:2...l'87 _'10~ l3:02 FAX ...lIS 788 53...l7 (;QLDFARB Ll PIIA, I(t002 , public agency or entity with respect to any fut~re proceeding or basis for any future proceeding against or affecting the Property or any pare of the ~roperty, or concerning any existing or potential, past, present or future toxic or ha~ardous ma~erial or conditions at the Property. c. Clear Title. The Town is the owner of the Property and has marketable and insurable fee simple title to the Property free of restrictions, leases, liens and other encumbrances except for the matters set forth in Section 7. During the'term of this Agreement, the Town shall not conveyor accept any offer tc convey the Property or any portion of the Prooerty nor shall the Town encumber or permit encumbrance of the Property in any way nor grant any property, contract or occupancy right relating to the Property or any portion thereof without the prior written consent of the Agency, whiCh may be withheld in the Agency's sole and absolute discretion. Section 12. Aqency's Riqht of Entry Prior to Closin~. a. Prior to the close of Escrow, the Agency, or its designee, shall have the right to enter the property for the pUrpose of conducting inspections and tests of the land or any structures which comprise the ?roperty. b. The Agency shall defend, indemnify and hold harmless the Town and its elected representatives, officers, employees and agents from any claim or damage arising from the Agency's entry onto the Property pursuant to Section 2(a) or this Section 12. Seccion 13. Operation of the Property Prior to Closina. Prior to close of Escrow, the Town shall maintain the property in a condition consistent with its current condition and shall make at its own expense, all repairs necessary to maintain the Property in such condition. a. Environmental Review. The Town and the ~gency further acknowledge that the details of the physical development of the Property are not known at this time. and will require extensive site planning, architectural desi~n, and financial feasibility work before the Agency or its. des1gnated developer is prepared to submit an application for the necessary zoning permits. In this circumstance, the parties acknowledge and agree that it would be speculative to prepare an environmental assessment cf the development of the Property pUrsuant to the provisions of the California Environmental Quality Act ("CEQA") in connection with the ~gency's acquisition of the Property at this time. The Agency and the Town shall cooperate to perform the necessary CEQA evaluation in connection with the execution of a disposition and development agreement or similar agreement with the proposed developer of the ~roperty or in connection with the proposed zoning permits for the Property, as appropriate, it being 102\04\105249.3. -6- , acknowledged that, by execution of this Agreement, neither party is making any representation or commitment with respect to the outcome of such CEQA evaluation. Section 14. No Brokers. Each party represents to the other that it has not had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee. If any broker or finder makes a claim for a commission or finder's fee based upon a contact, dealings, or communications, the party through whom the broker or finder makes this claim shall indemnify, defend with counsel of the indemnified party's choice, and hold the indemnified party harmless from all expense, loss, damage and claims, including the indemnified party's attorneys' fees, if necessary, arising out of the broker's or finder's claim. Section 15. Notices. Unless otherwise provided herein, any notice, tender or delivery to be given pursuant to this Agreement by either party may be accomplished by personal delivery in writing or by first class certified mail, return receipt requested. Any notice by such mailing shall be deemed received four (4) days after the date of mailing. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this Section 16. To Agency: Tiburon Redevelopment Agency 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Executive Director .To Town: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Town Manager ;.~ Section 16. Assianment. The Agency shall have no right, power, or authority to assign this Agreement or any portion hereof or to delegate any duties or obligations arising hereunder, either volunt~rily, involuntarily or by operation of law. - Section 17. General Provisions. a. sections intended Headinas. The title and headings of the various hereof are intended for means of reference and are not to place any construction on the provisions hereof. 102\04\105249.01 -7- 1112..l,9i )fON 13;02 FAX .US 7,IJ8 5347 GOLDHRB LI PlIAN ~003 , b. Invaliditv. If any provlSlon of this Agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. c. Attorneys' Fees. In the event of any litigation between the parties hereto to enforce any of the provisions of this Agreement, the unsuccessful party to such litigation agrees to pay to the successful party all costs and expenses, including reasonable attorneys' fees incurred by the successful party, all of which may be included as part of the judgment rendered in such litigation. d. Entire Aqreement. The terms of this Agreement are intended by the parties as a final expression of their agreement and may not be con~radicted by evidence of any prior or contemporaneous agreement. The parties further intend that this Agreement constitute the exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial proceedings inVOlving this Agreement. No provision of this Agreement may be amended except by an agreement in writing signed by the parties hereto or t heir respective successors in interest. This Agreement shall be governed by and construed in accordance with the laws of the State of California. e. Successors. This Agreement shall De binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. f. Time of the Essence. Time is of the essence in this Agreement. g. Coooeration of Parti~i. The Agency and the Town shall, during the Escrow period, execute any and all documents reasonably necessary or appropriate to close the purchase and sal~ pursuant to the terms of this Agreement. 102\04 \ 105249.0; -8- , h. Exhibit. Exhibit A attached hereto is incorporated in this Agreement by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. TIBURON REDEVELOPMENT AGENCY By TOWN OF TIBURON By .' 102\04\ 105249.01 - 9- , EXHmIT "A:' Lot 1, as shown on that certain map filed for record with the Office of the Marin County Recorder, at Page _, Book _ of Parcel Maps, on November --' 1997. , RESOLUTION NO. A RESOLUTION OF THE TIBURON REDEVELOPMENT AGENCY APPROVING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR 1155 TIBURON BOULEVARD, A LOAN FROM THE TOWN OF TIBURON IN-LIEU FEE FUND 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 Town of Tiburon, a municipal corporation (the "Town") is the fee owner of that certain parcel containing approximately 1.5 acres located at 1155 Tiburon Boulevard in Tiburon, California, as more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, the Property is one of the few remaining parcels in Tiburon suitable for the development of new housing affordable to persons and families of very low income; and .WHEREAS, development of the Property with affordable housing will enable the Agency to achieve affordable housing policies of the California Community Redevelopment Law (with particular reference to the affordable housing policies set forth in Health and Safety Code Sections 33070 and 33071) and of the redevelopment plan administered by the Agency; and WHEREAS, the parties have determined that their respective goals, objectives, and policies with respect to development of the Property for affordable housing purposes can best be achieved through conveyance of the Property by the Town to the Agency in accordance with the terms of this Agreement; and WHEREAS, conveyance to the Agency will facilitate the use of Agency development expertise, monitoring capabilities and financial resources (including, as appropriate, the use of tax increment revenues deposited in the Agency's Low and Moderate Income Housing Fund) to promote timely reconveyance and 102\03\ 106661.03 -1- "-x:HIBIT NO. :2.. redevelopment of the Property for affordable housing purposes; and WHEREAS, pursuant to Health and Safety Code section 33220(a), the Town is authorized to convey the Property to the Agency; and WHEREAS, pursuant to Health and Safety Code Sections 33391 and 33449, the Agency is authorized to acquire the Property for purposes of providing affordable housing; and WHEREAS, the Agency has requested a loan from the Town's In- Lieu Fee fund in an approximate amount of Six Hundred Fifty Thousand Dollars ($650,000), or so much is as available in the In-Lieu Fee fund, to assist the Agency in financing the purchase of the Property. WHEREAS, the Agency and the Town have set the purchase price of the Property based on the eventual development of new affordable housing on the Property. NOW, THEREFORE, BE IT RESOLVED by the Tiburon Redevelopment Agency that: 1. The Agency hereby finds and determines that the purchase of the Property from the Town is necessary to the redevelopment of the Property. 2. The Agency hereby approves the purchase of the Property and authorizes the Agency Chairperson or the Agency Executive Director to execute on behalf of the Agency the Agreement, substantially in the form on file with the Agency Secretary, with such ~hanges as are approved by the Agency signatory, such approval to be conclusively evidenced by the execution of the Agreement. 3. The Agency hereby a~proves the loan from the Town in the approximate amount of Six Hundred Fifty Thousand Dollars ($650,000) or so much as is available in the Town's In-Lieu Fee fund. 4. The Agency her~by 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 Agreement. 102\03\ 106661.03 -2- , 5. This Resolution shall take immediate effect from and after its passage and approval. PASSED AND ADOPTED Redevelopment Agency on vote: at a regular meeting of the Tiburon , 1997 by the following AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: , CHAIRPERSON Tiburon Redevelopment Agency ATTEST: ROBERT L. KLEINERT, EXECUTIVE DIRECTOR Tiburon Redevelopment Agency 102\03\106661.03 -3- , EXHmIT "A!' Lot 1, as shown on that certain map filed for record with the Office of the Marin County Recorder, at Page _ , Book _ of Parcel Maps, on November ---> 1997. .. 1155 Tib Port' uron ~on APN ~ ~ -- . ~J ~ 8 ;; 8 " o " " g " " o ~ .. ~ ~ > ~" ~ '" go '" m F z . u o ';" > o -- t"l ":l > - -- ('J t"l I:'" "" ~o~ '\ - - ~ - -- ~ 100 . , '. " , , 70 ~ i!J c,; Blvd. ~ 58-151-23'<60 z> 0-0 ....-0 >" ",0 c:" 'l1i'l ~i" !'> " m m o " !2 ~ so '0 ~ o :!l - c....-i -..J'-' ~ ~XHIBIT No.3 1\8lJf\ON\J\.'JO " TIBURON REVEVELOPMENT AGENCY STAFF REpORT ITEM NO. MEETING DATE: 12/3/97 (+ PJ::- 3 To: From: Subject: Date: REDEVELOPMENT AGENCY SCOTT ANDERSON, PLANNING DIRECTOR$4:;-- AMENDMENTS TO HOUSING IMPLEMENTATION PLAN NOVEMBER 24, 1997 BACKGROUND Under state law, redevelopment agencies are required to prepare and adopt "housing implementation plans" which set forth goals, objectives, means and methods to achieve the affordable housing requirements contained within California Redevelopment Law. These laws require that 15% of all units built within a redevelopment project area must be affordable to either moderate (9%) or very low (6%) income households. The Town adopted such a plan in 1994; however, changes to the state law require that the implementation plan be amended and expanded, The Tiburon Redevelopment Agency counsel has prepared an amended and restated housing implementation plan (Exhibit 1) for the Tiburon Redevelopment Agency which meets the statutory requirements of current state law. Staff sees the draft plan as a restatement of past, present, and proposed projects intended to meet the Agency's affordable housing requirements. Pages 17-20 offer a summary of those projects and describe how the Agency will be expending its time and resources in the foreseeable future relative to affordable housing, RECOMMENDATION 1, That the Agency hold a public hearing on the Amended Implementation Plan, 2, That the agency adopt the Resolution (Exhibit 2) approving the Amended Implementation Plan, EXHffiITS 1, Draft Amended and Restated Housing Implementation Plan. 2, Draft Resolution, \scott\hsgimp.rpt Tiburon Redevelopment Agency Staff Report 1213/97 1 , AMENDED AND RESTATED IMPLEMENTATION PLAN FOR THE TIBURON REDEVELOPMENT PROJECT (Covering Fiscal Years 1994-95 through 1998-99) Tiburon Redevelopment Agency Adopted August 3, 1994 Amended and Restated December 3, 1997 EXHIBIT NO. , TABLE OF CONTENTS Page PART I INTRODUCTION & ORGANIZATION 1 A. ORGANIZATION.,.,..,......,...................,..,.,.... 1 B. INTERPRETATION.....,......,..................,....,..... 2 PART II GENERAL REDEVELOPMENT ACTIVITIES ......,........,.,.,... 3 A. BACKGROUND AND PROJECT STATUS. . . . . . . . . . . . . . . . . . . . . . . . .. 3 B. AGENCY GOALS AND OBJECTNES FOR THE PLANNING PERIOD ..... 4 C. PROPOSED PROGRAMS AND EXPENDITURES ....,.....,....,.... 5 D. LINKAGE AMONG GOALS, PROGRAMS AND ELIMINATION OF BLIGHTING INFLUENCES ".,..,...,.,..,....,.,............. 5 PART III AFFORDABLE HOUSING ACTNITIES . . . . . . . . . . . . . . , . . , . . , . , . , . ., 6 A. CRL AFFORDABLE HOUSING REQUIREMENTS; ORGANIZATION OF THIS PART ...,.,.,.,...,..,.,.,.,..,....,.,..,...'...,.,. 6 B. HOUSING FUND REQUIREMENT , . . . , . , . . , . . . . , . , . . , . . . , . ' . , . " 7 C. AFFORDABLE HOUSING PRODUCTION REQUIREMENTS AND PLAN . ,. 17 D. REPLACEMENT HOUSING REQUIREMENT .,....,.,..,...,.....,. 20 APPENDIX A TERMS & DEFINITIONS. , . , . . . , . , . . , . . . . . . , . . . . . . , . , . ,. A-I APPENDIX B MAP OF PROJECT AREA ,..,..,.,.',......,...'....,.,. B-1 , PART I INTRODUCTION & ORGANIZATION The California Community Redevelopment Law (the "CRL") requires each redevelopment agency administering a redevelopment plan to prepare and adopt a five-year Implementation Plan. The principal goal of the Implementation Plan is for an agency to plan for and implement its general redevelopment programs in a manner directly related to eliminating blighting influences. In addition, the affordable housing component of the Implementation Plan provides a mechanism for a redevelopment agency to monitor its progress in meeting both its affordable housing obligations under the CRL and the affordable housing needs of the community, In effect, the Implementation Plan is a guide, incorporating the goals, objectives, and potential programs informing redevelopment agency activities for a five-year period, while providing flexibility so the agency may adjust to changing circumstances and new opportunities. The Tiburon Redevelopment Agency (the "Agency") adopted its initial Implementation Plan for the Tiburon Redevelopment Plan (the "Redevelopment Plan") in August, 1994, focusing primarily on the Agency's plans to meet certain affordable housing obligations. (The initial Implementation Plan was referred to as the Agency's "Housing Compliance Plan.") In connection with the mid-term review of the initial Implementation Plan required under the CRL, the Agency has determined to amend and restate the initial Implementation Plan in its entirety in the form of this Amended and Restated Implementation Plan (the "Amended Implementation Plan"). Through the Amended Implementation Plan, the Agency can provide the community with an updated vision of redevelopment goals, objectives and programs. This Amended Implementation Plan covers fiscal years 1994-95 through 1998-99, the initial five-year period required under the CRL. The Amended Implementation Plan incorporates actual financial results and redevelopment activities from the first three years of that five-year planning period, as well as updated financial estimates, goals, objectives and proposed programs for the remaining two years of the planning period. In addition, information for years beyond 1998-99 is also provided where it is available or required by the CRL. A. ORGANIZATION In accordance with the CRL, the Amended Implementation Plan contains the following information: . Specific goals and objectives for the five-year planning period for both housing and non-housing activities. . Specific programs and expenditures for the five-year planning period for both housing and non-housing activities. 102\05\105612.02 -1- , . An explanation of how the goals, objectives, programs, and expenditures will assist in the elimination of blight and in meeting affordable housing obligations. . Other information related to the provision of affordable housing, as discussed in Part III below. The information listed above falls under two broad categories of redevelopment activities. Consequently, the remainder of this Amended Implementation Plan is organized into two principal parts. Part II sets forth the requirements for all activities and expenditures under the Redevelopment Plan other than for the provision of affordable housing. Part III addresses affordable housing activities and expenditures and charts Agency progress in meeting its affordable housing obligations. This Amended Implementation Plan utilizes terms with specified meanings. The definitions for the defined terms, as designated by initial capital letters, may be found in Appendix A. B. INTERPRETATION This Amended Implementation Plan is intended to provide general guidance for the implementation of the Agency's programs and activities. It is expected that particular constraints and opportunities, not fully predictable at this time, will arise in the course of undertaking the programs and activities described in this Amended Implementation Plan over the balance of the five-year planning period. Therefore, the Agency intends to use and interpret this Amended Implementation Plan as a flexible guide, and intends that the Agency's specific programs and activities, as actually implemented, may vary in their precise timing, location, cost, expenditure, scope, and content from that set forth in this document. 102\05\105612.02 -2- , PART n GENERAL REDEVELOPMENT ACTIVITIES A. BACKGROUND AND PROJECT STATUS In November 1983, the Tiburon Town Council adopted the Redevelopment Plan for the Tiburon Redevelopment Project (the "Redevelopment Plan"), establishing an approximately 55-acre redevelopment project area (the "Project Area") in downtown Tiburon, as depicted in Appendix B. The Project Area includes the 38-acre former Southern Pacific property (now known as the Point Tiburon development), the Town Hall and Reed School sites at Ned's Way, and portions of Tiburon Boulevard. The purpose of the Redevelopment Plan is to eliminate blight and to stimulate private redevelopment of the downtown area, particularly through participation in the Point Tiburon development and provision of affordable housing as mandated by the CRL. The Redevelopment Plan is administered by the Redevelopment Agency (the "Agency"), and provides for allocation to the Agency of property taxes attributable to the growth in assessed valuation of property in the Proj ect Area above the assessed valuation existing at the time the Redevelopment Plan was adopted ("Tax Increment Revenue"). The Redevelopment Plan expires in November 2003, twenty years after its adoption. On November 21, 1983, in connection with adoption of the Redevelopment Plan, the Agency entered into a Fiscal Agreement with the local taxing entities that receive property taxes from the Project Area, including the County of Marin, the Marin Community College District, the County Superintendent of Schools, the Reed Union School District, the Tamalpais Union High School District, the Tiburon Fire Protection District, and the Tiburon Sanitary District. iThe Fiscal Agreement authorizes the Agency to retain Tax Increment Revenue in the following amounts and for the following purposes: 1. 20% of all Tax Increment Revenue to provide affordable housing as required by the CRL and as further described in part III of this Amended Implementation Plan; 2. $472,500 per year to implement the components of the Redevelopment Plan other than affordable housing; and__ 3. Between $30,000 - $60,000 per year to administer the Redevelopment Plan (this amount is currently $30,000 per year). The Fiscal Agreement provides for the balance of all Tax Increment Revenue to be distributed by the Agency among the affected taxing entities, so that such balance is not available for redevelopment programs of the Agency, 102\05\105612.02 -3- , The Agency's primary activity under the Redevelopment Plan has been to assist in the development of the Point Tiburon development, on the former blighted Southern Pacific property that comprises most of the Project Area. The Point Tiburon development was completed in the late 1980s and includes approximately 25,000 square feet of commercial space, 155 condominium units, and extensive supporting on-site and off-site public improvements. To pay for the public improvements, the Town of Tiburon formed a Community facilities District which issued public improvement bonds (the" Point Tiburon Bonds"). Debt service on the Point Tiburon Bonds is paid from an annual special tax imposed on the property owners in the Point Tiburon development. In 1985, the Agency and The Innisfree Companies, the developer of the Point Tiburon development, entered into an Owner Participation Agreement under the CRL, whereby the developer agreed to complete the Point Tiburon development and the Agency committed up to $472,500 of Tax Increment Revenue each year to pay a portion of the debt service on the Point Tiburon Bonds (thus reducing the amount of the special tax on property owners). Without the Agency's contribution, the special tax levy would have exceeded the property owners' ability to pay; the commercial space and condominiums in the proposed development would not have been marketable; the Point Tiburon development would not have been fmancially feasible; the development would not have been undertaken; and the primary purpose of the Redevelopment Plan, to eliminate blight through the redevelopment of the former Southern Pacific property, would have gone unfulfilled. Under the Owner Participation Agreement for Point Tiburon, the Agency each year expends up to $472,500 each year towards repayment of the Point Tiburon Bonds. This level of expenditure is expected to continue throughout the duration of the Redevelopment Plan (fiscal year 2003-04). The Agency does not have any revenue source other than the Tax Increment Revenue it retains under the fiscal Agreement. Consequently, the Agency does not have any unencumbered revenues to expend for new non-affordable housing programs during the five-year planning period covered by this Amended Implementation Plan (or beyond). B. 'AGENCY GOALS AND OBJECTIVES FOR THE PLANNING PERIOD Because the Agency will have no unencumbered revenues during the five-year planning period covered by this Amended Implementation Plan, the Agency's goals and objectives for the planning period with respect to activities other than affordable housing are as follows: Goal. Meet the Agency's eXisting financial and administrative obligations. Obiective 1. Make each annual payment due under the Point Tiburon Owner Participation Agreement towards debt service on the Point Tiburon Bonds. Obiective 2. Make the annual payments due to the various taxing entities under the fiscal Agreement. 102\05\105612.02 -4- , Obiective 3. Adequately and timely perform all reporting, accounting, and administrative functions imposed by the CRL and prudent government practice. C. PROPOSED PROGRAMS AND EXPENDITURES Paralleling the Agency's goal and objectives, the Agency's expenditures for programs other than affordable housing during the five-year planning period have been and are proposed as follows: TABLE 1 AGENCY EXPENDITURES (EXCLUSIVE OF HOUSING FUND) 1994-95 1995-96 1996-97 1997-98 1998-99 Five- Year Program (Actual) (Actual) (Actual) (Estimated) (Estimated) Total Payments on $472,500 $380,000 $472,500 $472,500 $472,500 $2,270,000 Pt. Tiburon Bonds Agency 21,956 29,238 28,892 26,700 30,000 136,786 Administration ERAFlJ 38.167 - 38,167 Mandate Annual Total 532,623 409,238 501,392 499,200 502,500 2,444,953 1/ The CRL required each redevelopment agency to make a formula-based payment into the :Educational Revenue Augmentation Fund ("ERAF") in 1994-95 and earlier years. D. LINKAGE AMONG GOALS, PROGRAMS AND ELIMINATION OF BLIGHTING INFLUENCES . The Agency's goal and objectives for the five-year planning period, and the proposed expenditures for the period with respect to non-affordable housing activities, relate to meeting existing financial and administrative ~obligations, principally payments of a portion of debt service on the Point Tiburon Bonds in accordance with the Point Tiburon Owner Participation Agreement. That obligation was originally incurred by the Agency in 1985 to fund the cost of public improvements that could not be borne by the private sector, thereby making possible the development of the Point Tiburon development. 102\05\105612.02 -5- , This combined public/private effort to develop the Point Tiburon development, in turn, eliminated blighting conditions in the Project Area identified at the time of adoption of the Redevelopment Plan in 1983. These blighting conditions included lack of adequate public infrastructure to support redevelopment of the former Southern Pacific property, hazardous materials conditions related to the former Southern Pacific property, and flood control problems affecting that property. As documented in connection with the Redevelopment Plan adoption, those blighting conditions were beyond the means of the private sector alone to overcome. In effect, by continuing to meet its obligations under the 1985 Point Tiburon Owner Participation Agreement to make debt service payments on the Point Tiburon Bonds, the Agency is continuing its commitment to fmance the activities that alleviated those blighting influences related to the former Southern Pacific property and that enabled the public/private development of the Point Tiburon development. PART ill AFFORDABLE HOUSING ACTIVITIES In recent years, changes to California Community Redevelopment Law have greatly expanded the role of affordable housing activities within the overall redevelopment program. Like most other redevelopment agencies, the Agency is expressly required to undertake activities which will assist in "increasing, improving, and preserving the community's supply of low and moderate income housing". A. CRL AFFORDABLE HOUSING REQillREMENTS; ORGANIZATION OF THIS PART The CRL requires the housing component of this Amended Implementation Plan to include: . The amount available in the Low and Moderate Income Housing Fund and estimates of both deposits into and expenditures from the Housing Fund during the five-year planning period. , . The number of new, rehabilitated, or price-restricted housing units to be assisted during the five-year planning period. . If existing affordable housing will be removed as a result of redevelopment activities, a list of proposed sites for the replacement housing the Agency is required to produce. . Specific information related to the Agency's Affordable Housing Production Requirement. 102\05\105612.02 -6- , . The Affordable Housing Production Plan for the Project Area, showing how the Agency's Project Area Housing Production Requirement will be met. . An explanation of how the goals, objectives, projects, and expenditures set forth in the Amended Implementation Plan will implement the affordable housing requirements of the CRL, including a housing program for each of the five years of the Amended Implementation Plan. The Agency has three basic statutory obligations under the CRL with respect to affordable housing. 1. Housing Fund ReQuirement. The Agency is required to deposit and expend specified percentages of Tax Increment Revenue (generally, 20% of total Tax Increment Revenue each year) for the provision of affordable housing. 2. Affordable Housing Production ReQuirements. Specified minimum percentages of new or substantially rehabilitated housing units in the Project Area are to be available at a specified affordable housing cost. 3. Replacement Housing ReQuirement. The Agency must replace housing units removed from the housing stock as a result of redevelopment activities. Paralleling these three requirements, Section B of this Part addresses the Agency's Housing Fund Requirement; Section C contains the Agency's Affordable Housing Production Plan to meet its Affordable Housing Production Requirements; and Section D discusses the Replacement Housing Requirement. B. HOUSING FUND REQUIREMENT ;This section describes the goal, objectives, proposed programs and proposed expenditures for the Agency's affordable housing program during the five-year planning period. Since deposits of Tax Increment Revenue made by the Agency into its Low and Moderate Income Housing Fund (the "Housing Fund") are the primary revenue source to undertake the Agency's affordable housing program, this section focuses on the use of the Housing Fund, beginning with a discussion of the legal requirements for the Housing Fund and including a summary of the funds contained in and to be deposited in the Housing Fund during the five-year period covered by this Amended Implementation Plan. This section then outlines the Agency's goal and objectives for its affordable housing program, and concludes with the Agency's program strategy for affordable housing, including actual and proposed expenditures and affordable housing production estimates for the five-year period. 102\05\105612.02 -7- , 1. The Housing Fund Requirement. a. Basic Requirement. With limited exceptions, the CRL requires the Agency to set aside in its Housing Fund at least 20% of all Tax Increment Revenue generated from the Project Area for the purpose of increasing, improving and preserving the community's supply of low and moderate income housing. The Agency has met, and expects to continue to satisfy this requirement on an annual basis throughout the life of the Redevelopment Plan. The CRL also requires that the Agency encumber or spend money in the Housing Fund for affordable housing programs in a timely manner, so as to avoid building up an excess of unused and' unencumbered money in the Housing Fund (known as an "excess surplus"). As noted later in this section, the Agency has been successful in encumbering and expending the Housing Fund in a timely manner. An excess surplus has not been incurred, and the Agency does not expect to generate an excess surplus in its Housing Fund at any time during the life of the Redevelopment Plan. b. Assisted Households. Under the CRL, Housing Fund monies must be "targeted" to certain income levels. The Agency is specifically required to expend its Housing Funds to assist very low income, low income and moderate income households, generally defined as: Very Low Income incomes at or below 50 of area median income, adjusted for family size Low Income incomes between 51 % and 80% of area median income, adjusted for family size Moderate Income incomes between 81 % and 120% of area median income, adjusted for family size According to the Housing Element of Tiburon's General Plan the community's proportional need for housing affordable to these three income categories is as follows: Very Low Income 35.3% Low Income 29.4% Moderate Income 35.3% Thus, approximately 65% of Tiburon's need for housing in these three income categories is for housing affordable to very low income and low income households, while the remaining 35% of the need is for moderate income housing, In compliance with the goal of 102\05\105612.02 -8- , the CRI.., the Agency has targeted its Housing Fund assistance to provide affordable housing to income categories in proportion to these identified needs. For instance, as described in detail in subsection 4 below, through the Housing Fund assistance provided to the Cecilia Place development and proposed to be provided to the Ned's Way Senior Housing development at the former Town Hall site, the Agency's cumulative assistance for new housing through the end of the five-year planning period will generate 11 very low income units and 8 moderate income units, or approximately 59% for very low/lower income and 41 % for moderate income units. In addition, through its assistance to the rehabilitation and preservation in the affordable housing stock of the Hilarita development, the Agency has assisted an additional 101 very low/lower income units. Together, the new housing production assistance and rehabilitation/preservation assistance from the Agency's Housing Fund will meet (and exceed) the CRI.. goal for targeting units to very low and lower income households in proportion to the community-wide need for such units. c. Affordable Housing Cost & Duration of Affordabilitv. Housing assisted with Housing Fund monies must be "available at an affordable housing cost". For housing assisted by Housing Funds, the following affordable housing cost definitions apply: Income Level Rental Housing Ownership Housing Very Low Income 30% of 50% 30% of 50% Lower Income 30% of 60% 30% of 70% Moderate Income 30% of 110% 35% of 110% but no less than 28% of actual income The first percentage means the percent of income that can be spent on housing costs. The second percentage means the percent of area median income. The CRI.. also requires the placement and recordation of affordability controls on any new or substantially rehabilitated housing assisted with Housing Fund monies. In the case of new or substantially rehabilitated rental housing, controls must be placed on the assisted housing units requiring them to remain affordable for the longest feasible time but not less than 15 years. For owner-occupied housing, the units must remain affordable for the longest feasible time, but not less than 10 years, although a shorter duration is permitted if the Agency recoups its Housing Fund investment when an assisted owner-occupied unit is sold at a non-affordable price or to a non-qualifying buyer. According to statutory definition, the "longest feasible time" requirement includes, but is not limited to, a period of unlimited duration. 102\05\105612.02 -9- , As described below, the Agency's assistance has complied with these affordability and duration requirements. 2. Funding for Affordable Housing Activities: Status of Housing Fund. The Agency has deposited the required 20% of gross Tax Increment Revenue in its Housing Fund in each fiscal year since the adoption of the Redevelopment Plan in 1983. As a result, the Agency has no deficit in its Housing Fund deposits. Table 2 depicts (a) the Housing Fund balance at the beginning of the five-year planning period covered by this Amended Implementation Plan, (b) the actual or estimated Tax Increment Revenue, interest, and program income deposited into the Housing Fund for each fiscal year during the five-year planning period, (c) the actual or estimated expenditures for each fiscal year, (d) the excess or deficiency of revenues over expenditures from the Housing Fund for each fiscal year, and (e) the actual or estimated Housing Fund balance at the end of each fiscal year. 102\05\105612.02 -10- A Fiscal Year Beginning Balance 1994-95 (Actual) 1995-96 (Actual) 1996-97 (Actual) 1997-98 (Estimated) 1998-99 (Estimated) Total , TABLE 2 HOUSING FUND DEPOSITS AND BALANCEl! B C G D E F Tax Increment Revenue Deposit Excess! (Deficiency) of Revenue Over EXDenditures Fund Balance Interest and Other Income Gain/(Loss) on Held Land Program y EXDenditures $1,072,547 $157,837 $103,854 ($50,939) $105,041 $105,711 1,178,258 164,214 53,539 50,742 276,790 (8,295) 1,169,963 156,735 41,956 o 963,836 (765,145) 404,818 160,000 30,000 o 33,100 156,900 561,718 160,000 30,000 ----11 (630,000) (68,282)11 820.000 798,786 259,349 2,198,767 (197) 11 This table is organized as follows. The sum of columns B, C, and D for a given fiscal year constitute the deposits into the -Housing Fund for that fiscal year. Subtracting the expenditures for the fiscal year (Column E) yields the net increase or decrease in deposits during the fiscal year, as shown in Column F. Adding the amount in Column F for a given fiscal year to the fund balance (Column G) from the preceding fiscal year, yields the fund balance at the end of the fiscal year. Y See subsection 4, below for a detailed discussion of Housing Fund expenditures. 1/ This deficit is proposed to be funded by a loan from the Town's In-Lieu Housing Fee Program, to be repaid by the Agency from Housing Fund deposits in fiscal years following the five-year period covered by this Amended Implementation Plan. 102\05\105612.02 -11- , As shown in Table 2, the Agency's Housing Fund balance at the beginning of the five- year planning period was $1,072,547. During the five-year planning period, it is estimated that an additional $1,057,938 will be deposited in the Housing Fund, including $798,786 of Tax Increment Revenue and $255,349 of program income (investment income and repayments). On the other hand, nearly $2,200,000 of expenditures are anticipated during the five-year period for the programs described in detail in subsection 4 below, thereby using up the entire beginning balance and five-year deposits, and leaving a modest deficit of about $68,000 at the end of the current planning period. In short, the Agency expects to make full utilization of its Housing Fund to produce affordable housing during the period covered by this Amended Implementation Plan. In addition, the Agency has succeeded in leveraging other public funding sources to complement its Housing Funds in producing the greatest possible number of affordable units (see discussion of funding sources for the Cecilia Place and Hilarita developments in subsection 4 below). Finally, it is expected that the Agency will deposit approximately $600,000 - $750,000 into the Housing Fund in the fiscal years beyond the current five-year planning period. 3, Goal and Obiectives of Affordable Housing Activities. In developing its affordable housing program, the Agency has been guided by the goals and objectives of the Town's Housing Element, the legal requirements for affordable housing mandated by the CRL, and available resources. Based on these factors, the Agency's affordable housing goal and objectives for the five-year planning period are as follows: Goal 1. Assist in the development of new affordable housing units, emphasizing the housing needs of very low income senior citizens. Obiective 1. Assist in the development of the Cecilia Place development to provide 15-units of seniors housing affordable to very low income and moderate income households. Obiective 2. Assist in the development of the Ned's Way Senior Housing development to provide 25-units of housing, including 4 units affordable to very low income households. Goal 2. Assist in the rehabilitation and preservation of 101 affordable very low/lower income units in the Hilanta development. Goal 3. Administer and plan for expenditures from the Housing Fund in a timely and cost-effective manner. 102\05\ 105612.02 -12. , 4. Housing Activities and Exoenditures: The Housing Fund Program. The focus of Agency affordable housing activities and Housing Fund expenditures during the fIrst three years (1994-95, 1995-96, and 1996-97) of the fIve-year planning period has been to assist in the development of 15 affordable new seniors housing units in the Cecilia Place development located at Cecilia Way outside the Project Area, and to assist in the rehabilitation and preservation of affordability for the IOI-unit Hilarita development within the Project Area. The Agency proposes to concentrate its affordable housing efforts and Housing Fund expenditures during the balance of the planning period (1997-98 and 1998-99) upon the development of additional newly constructed affordable seniors housing units in the proposed Ned's Way Seniors Housing development to be located on an approximately 1.5 acre portion of the former Town Hall site within the Project Area. The Agency's efforts in these three developments, and in administration of the Housing Fund, are described in turn. Tables 3 and 4 summarize the Agency's expenditures and assisted units produced during each year of the fIve-year planning period. a. Cecilia Place. The Agency acquired the approximately four-acre Cecilia Place site in May 1994 using $560,000 of Housing Funds. In July 1994, the Agency entered into a Disposition, Development and Loan Agreement (as later amended, the "DDLA") with an affIliate of Ecumenical Association of Housing ("EAR"), an experienced non-profIt affordable housing developer. The DDLA called for the Agency to sell the site to EAR for $250,00 (a write-down of $310,000 from the Agency's acquisition cost), and to provide fInancial assistance in the form of pre-development and construction loans, completion of specifIed site improvements, and payment of specifIed development fees and costs on behalf of EAR. The total Agency contribution to the development under the DDLA (net of the purchase price paid by EAR) is approximately $1,353,000, of which $310,000 (net) was spent just prior to commencement of the fIve-year planning period, and the balance was spent during the fIrst three years of the fIve-year planning period. As of the preparation of this Amended Implementation Plan, the entire amount of Agency assistance has been expended. The DDLA provides for EAR to repay portions of the Agency expenditure over time, to the extent the development yields surplus cash after paying all operating costs and specifIed debt service. EAR has also obtained signifIcant funding from the County's Community Development Block Grant program ("CDBG") and the federal housing tax credit program to complement the Agency's assistance for the Cecilia Place development. In exchange for the Agency assistance, EAR agreed under the DDLA to develop and operate a 16-unit seniors rental housing development containing a resident-manager's unit, 7 units affordable to very low income seniors households, and an additional 8 units affordable to moderate income seniors households (actually, households with incomes not exceeding 90% of area median income, which are categorized as "moderate" income households under the 102\05\105612.02 -13- CRL housing classification system). To ensure that these affordability levels will be maintained, EAR agreed to record a 99-year regulatory agreement (a form of deed restriction) against the property, enforceable by the Agency and the Town. After EAR secured all necessary debt and equity financing (in addition to the Agency assistance) and all necessary land use approvals, the Agency sold the Cecilia Place site to EAR in October 1995. EAR completed and opened the Cecilia Place development for occupancy in September 1997. b. Hilarita Housing. The Hilarita housing development adjacent to the former Town Hall Site, was constructed in the 1970's to provide affordable housing through a federal assistance program. Under the terms of the federal assistance, the owner of Hilarita had the ability to convert the development to market-rate housing in the 1990's thereby depriving the community of an important affordable housing resource. To prevent this occurrence and to provide for needed rehabilitation of the Hilarita units, a nonprofit entity, the Hilarita/Tiburon Ecumenical Association, acquired and rehabilitated the development during 1994-96 and has agreed to maintain the affordability of its 101 units to very low and lower income households for 50 more years. The new owner obtained major funding from the U.S. Department of Housing and Urban Development (HUD) and the County CDBG Program. To round out the needed financing, the Agency contributed approximately $224,000 (a portion of which has been reimbursed to the Agency as program income to the Housing Fund) for landscaping, asbestos abatement, and other costs. Because the project did not involve substantial rehabilitation, the Agency was not required to impose separate affordability deed restrictions on the property, and instead has taken advantage of the extensive HUD regulatory controls to assure the long-term continued affordability of the 101 upgraded Hilarita units to very low and lower income households. c. Ned's Way Senior Housing. In July 1997, the Town redesignated and rezoned, the former Town Hall site to permit development of a 25-unit senior housing development on a portion of the site. The Agency and the Town are completing discussions for the Agency to acquire the housing site from the Town for its fair market value of $1,400,000. The Agency would use currently available Housing Funds and moneys borrowed from the Town's In-Lieu Housing Fee program (to be repaid from future Housing Fund deposits) to pay the purchase price. The purchase of the site by the Agency is anticipated to occur in late 1997 or early 1998. In August 1997, the Agency selected and began negotiations with Burman-Feldman, a for-profit housing developer regarding development of the site. While the precise transaction structure is still being designed, it is envisioned that Burman-Feldman would acquire the site from the Agency, develop 25 market rate for-sale units available to households containing seniors, and agree to sell 4 of the 25 units at affordable housing cost to very low income seniors households (or sell 4 units to the Agency at market value, for rental by the Agency at affordable housing cost to very low income seniors households). 102\05\105612.02 -14- , The Agency anticipates that its net subsidy to making the 4 units affordable to very low income seniors households will be in the range of $800,000. The Agency may provide such assistance by writing down the purchase price to the developer accordingly, or by making a cash subsidy payment to the homebuyers upon completion of the units and sale to qualifying households. The Agency's net expenditure would be provided from the Housing Fund (with a possible short-term loan from the Town's In Lien Housing Fee program). The affordable units would be deed restricted for an extended time period meeting the requirements of the CRL. While several development hurdles must be overcome, including providing for a suitable relocation of the police station currently on the site, it is hoped that development can begin in 1998 and that the 4 very low income units can be made available to qualifying seniors households by 1999. d. Housing Fund Administration. Finally, the Agency proposes to use a limited portion of the Housing Fund for planning, legal services, and administration of the above-described programs. As shown in Table 3, it is anticipated that approximately $107,000, or about 5% of total Housing Fund expenditures for the five-year period, will go toward planning and administrative costs, with the remaining 95% of Housing Fund expenditures devoted directly to affordable housing production. The Agency believes this ratio represents a highly efficient use of Housing Funds for actual production of affordable units. , 102\05\105612.02 -15- , TABLE 3 HOUSING FUND EXPENDITURES (Rounded to Nearest Thousand) 1994-95 1995-96 1996-97 1997-98 1998-99 Five-Year Program (Actual) (Actual) (Actual) (Estimated) (Estimated) Total Cecilia Place $13,000 $116,000 $914,000 0 0 $1,043,000 Hilari ta 65,000 142,000 17,000 0 0 224,000 Ned's Way 0 0 15,000 10,000 800,000y 825,000 Administration 27, 000 19.000 17,000 24.000 20.000 107,000 and Planning Total 105,000 277,000 963,000 34,000 820,000 2,199,000 1/ This is the estimated net Agency expenditure. On a cash flow basis, the Agency may expend a greater amount to purchase the site (probably in 1997-98), but would recoup a portion of this expenditure from proceeds of resale to the developer. TABLE 4 PRODUCTION OF NEW AFFORDABLE HOUSING UNITS 1994-95 1995-96 1996-97 1997-98 1998-99 Five- Year (Actual) (Actual) (Actual) (Estimated) (Estimated) Total Cecilia Place 0 0 7 Very Low 0 0 7 Very Low 8 Moderate 8 Moderate Ned's Way Senior Development ~ ~ ~ ~ 4 Very Low 4 Very Low Total 0 0 7 Very Low 0 4 Very Low 11 Very Low 8 Moderate 8 Moderate 102\05\105612.02 -16- , In addition to the new units produced with Agency Housing Fund assistance, 101 units at the Hilarita development were rehabilitated and preserved for long-term affordability to very low/lower income households in 1994-95 and 1995-96. C. AFFORDABLE HOUSING PRODUCTION REQUIREMENTS AND PLAt"! This section constitutes the Affordable Housing Production Plan of the Agency as required by Health and Safety Code Section 33413(b)(4), This section begins with a summary of the legal components of the Affordable Housing Production Requirements, followed by a quantification of the Agency's past and anticipated future Affordable Housing Production Requirements. This section concludes with a description of the Agency's proposed strategy to meet the limited portion of its Affordable Housing Production Requirements that has not already been satisfied. 1. The Affordable Housing Production Reauirements, The CRL imposes two Affordable Housing Production Requirements on the Agency: one requirement relates to new or substantially rehabilitated housing developed by the Agency itself anywhere in the community; and the second requirement relates to new or substantially rehabilitated housing developed within the Project Area by any entity (private or public) other than the Agency, Housing receiving Agency financial or land assembly assistance but owned and developed by a private entity or another government entity (such as a housing authority) falls within the second requirement. Before describing these two requirements quantitatively, a brief refresher about nomenclature is in order. "Very low income household," "moderate income household" and "affordable housing cost" have the same meanings in the context of the Affordable Housing Production Requirements as in the context of the Housing Fund Requirement described in Section B above. (Please refer to the definitions provided in Section B and in Appendix A.) A "substantially rehabilitated unit" is one whose post-rehabilitation value exceeds its pre-rehabilitation value by at least 25%. Specifically, the Affordable Housing Production Requirements are as follows: . a. Agencv-Developed Housing Anvwhere in the Community. Fifteen percent of all new and substantially rehabilitated housing developed by the Agency anywhere in the community must be available for occupancy at an affordable housing cost to moderate income households. An additional fifteen percent of all new and substantially rehabilitated housing developed by the Agency anywhere in the community must be available for occupancy at affordable housing cost to Y.ID low income households. b, Housing Developed In Proiect Area Bv Others Than The Agency, Nine percent of all new and substantially rehabilitated housing developed within the Project Area by private or public entities (other than the Agency) must be available for occupancy at affordable housing cost to moderate income households, An additional six percent of all new and substantially rehabilitated housing developed within the Project Area by private or public entities (other than the Agency) must be available for occupancy at affordable housing cost to Y.ID low income households, 102\05\105612.02 -17- , Housing Fund deposits may be used to meet the Affordable Housing Production Requirements. To qualifY as a unit that fulfills a portion of the Affordable Housing Production Requirement, a unit must be deed restricted to remain affordable to the applicable income category (moderate income or very low income) for the longest feasible time and in any event for a period that continues through the expiration of land use controls under the Redevelopment Plan, currently scheduled for November 2003. (If the unit is receiving Housing Fund assistance, a longer duration of affordability may apply, as discussed in Section B above), The Affordable Housing Production Requirements need not be satisfied for each individual housing development, but must be satisfied in the aggregate over a ten-year period. Because of the ten year compliance period for this particular requirement, this Section covers a longer period than the balance of the Amended Implementation Plan, which covers only a five-year period. The Agency's first compliance period for the Affordable Housing Production Requirement runs for the ten-year period from 1994-95 through 2003-04 (or, in effect, through the end of the life of the Redevelopment Plan in November 2003). In estimating the Agency's obligations for this ten-year compliance period, new and substantially rehabilitated housing undertaken from the time the Redevelopment Plan was adopted (November 1983) up until the beginning of the ten- year compliance period must also be taken into account. In effect, then, this Affordable Housing Production Plan must consider new and substantially rehabilitated housing throughout the entire twenty year duration of the Redevelopment Plan, from 1983 through 2003. 2, Ouantification of Affordable Housing Production Requirements, a. Agencv-Developed Housing, As of the date of this Amended Implementation Plan, the Agency has not itself developed any housing in Tiburon, The Agency has no plans to develop any housing itself in the future, since affordable housing can much more efficiently be developed by experienced for-profit and non-profit developers than by the Agency, Consequently, the Agency does not have, and does not expect to incur, any Affordable Housing Production Requirement for Agency-developed housing. b. Housing Developed In the Proiect Area Bv Others, As of the date of this Amended Implementation Plan, the only newly developed housing units in the Project Area by private or public entities (other than the Agency) since the adoption of Redevelopment Plan are the 155 condominium units in the Point Tibljron development. As of the date of this Amended Implementation Plan, no housing units in the Project Area have been substantially rehabilitated since the adoption of the Redevelopment Plan, (The Hilarita development, while undergoing important physical upgrading, was not rehabilitated to an extent that would constitute "substantial rehabilitation" for purposes of the Affordable Housing Production Requirements.) 102\05\] 05612.02 -18- The Project Area has very little land available for new residential development. Consequently, the only new housing that is anticipated to be developed in the future by the private or public sector is the 25-unit senior he using development on a portion of the former Town Hall site. That development and the proposed Agency assistance were described in Section B above. No substantial rehabilitation of existing housing in the Project Area is contemplated during the ten-year compliance period for this Affordable Housing Production Plan. In summary, the total number of new and substantially rehabilitated housing units that have been or are anticipated to be undertaken by the private or public sector (other than the Agency) during the entire twenty year life of the Redevelopment Plan is 180 units, consisting of the existing l55-unit Point Tiburon development and the proposed 25-unit development on the former Town Hall site. Consequently, the Agency's total Affordable Housing Production Requirement for housing developed in the Project Area is as follows: . Moderate Income Units: 180 total units x 9% = 16.2 units . Very Low Income Units: 180 totsl units x 6% = 10.8 units Rounding both requirements to the next higher whole unit, the Agency's Affordable Housing Production Requirement for Project Area housing is 17 moderate income units and 11 very low income units. 3, Strategv for Meeting the Proiect Area Affordable Housing Production Reauirements, This subsection describes the strategy by which the Agency has met, or plans to meet, the Project Area Affordable Housing Production Requirement quantified above. (No strategy for Agency- developed housing is required since, as described above, no Agency-developed housing has been or is anticipated to be undertaken in the community,) a, Moderate Income Units, Twenty of the condominium units in the Point Tiburon development (within the Project Area) assisted by the Agency have been deed restricted by the Town for occupancy at affordable housing cost to moderate income households for at least the minimum period required by the CRL. In addition, 8 units in the Cecilia Place development (assisted by the Agency as described in Section B above) have been deed.restricted by the Agency for availability at affordable housing cost to moderate income households for 99 years after completion of the development, thereby far exceeding the minimum period required by the CRL, The Cecilia Place development is outside the Project Area, However, under the current provisions of Health and Safety Code Section 334l3(b)(2)(A)(ii), the Agency may obtain one unit of credit toward its Project Area Affordable Housing Production Requirement for each two units of deed-restricted new affordable housing developed outside the Project Area. On this basis, the 8 units of affordable moderate income housing developed and deed-restricted in the Cecilia Place development are worth 4 units of credit to the Agency, 102\05\105612.02 -19- , In total, then, the Agency has caused 24 units of affordable moderate income housing (20 units at Point Tiburon and 4 units at Cecilia Place) to be developed toward its Project Area Affordable Housing Production Requirement for moderate income housing. In comparison, the Agency's total obligation over the entire life of the Redevelopment Plan is only 17 units of moderate income housing, as calculated in the preceding subsection. Therefore, the Agency has already met and exceeded its anticipated life-of-the Redevelopment Plan requirement for production of affordable moderate income housing in the Project Area. b, Verv Low Income Units. To date, the Agency has assisted the private sector in the development of 7 new housing units in the Cecilia Place development that have been deed- restricted by the Agency for long-term (99 year) affordability to very low income households. Because these units are located outside the Project Area, they count on a "two- for-one" basis under current Health and Safety Code Section 33413(b)(2)(A)(ii) to yield 3.5 units toward the very low income portion of the Agency's Project Area Affordable Housing Production Requirement. Since, as calculated in the preceding subsection, the very low income housing production requirement throughout the entire life of the Redevelopment Plan is estimated to be 11 units, the Agency has a remaining Project Area Affordable Housing Production Requirement of 7.5 very low income units, The Agency intends to achieve the production of these remaining units through the following two strategies: (I) Ned's Wav Development. As detailed in Section B, the Agency proposes to use Housing Fund money to assist in the acquisition of the site for the anticipated 25-unit seniors housing development on a portion of the former Town Hall site, and to cause the long- term affordability of 4 units in the development for very low income households, This development is anticipated to be completed in approximately two years (by 1999). Since this development is in the Project Area, all 4 units will count toward the remaining Project Area Affordable Housing Production Requirement of 7.5 units, thereby further reducing that requirement to 3.5 remaining very low income units to be produced. (2) Other Programs. The Agency proposes to fulfill the last 3.5 units of its very 10\V income unit production obligation through assistance to private owners/developers in small scale developments including new construction, substantial rehabilitation, or acquisition of price-restrictions on existing units, as permitted by the CRL. These remaining units may be located outside the Project Area (on a "two- for-one basis n) as opportunities arise. While specific sites and developments have not yet been identified, the Agency should have sufficient Tax Increment Revenue and Town In-Lieu Housing Fee revenues to fulfill this remaining small obligation before the end of the current ten-year Affordable Housing Production Plan compliance period and the end of the Redevelopment Plan, (i.e" by November 2003--six years from now,) In conjunction with preparation of the Agency's next Implementation Plan (scheduled for adoption in 1999), the Agency intends to propose a more precise program for the last 3,5 units of very low income housing that it will cause to be produced in fulfillment of its remaining Project Area Affordable Housing Production Requirement. 102\05\105612.02 -20- , D. REPLACEMENT HOUSING REQillREMENT. In general, when residential units housing low and moderate income persons are destroyed or taken out of the low-and moderate-income market as part of a redevelopment project, a redevelopment agency must replace those units within a specified time in accordance with a plan adopted following public review. The Agency has incurred no replacement housing obligation under the CRL to date. Given its complete lack of uncommitted Tax Increment Revenue, the Agency is also not likely to incur a replacement housing obligation during the five-year Amended Implementation Plan period (or beyond). However, should the Agency obtain funds from the Town, developers, or other sources, and should these funds be used in a manner that results in the removal of dwelling units from the affordable housing stock, the Agency will meet all CRL requirements, including the preparation of a specific replacement housing plan prior to removal of such units. 102\05\105612.02 -21- , APPENDIX A TERMS & DEFINITIONS "Affordable Housing Production Reqnirements" means the requirements of the CRL that specified percentages of low and moderate income housing be produced. "Agency" means the Tiburon Redevelopment Agency. "CRL" means the California Community Redevelopment Law as embodied in Health & Safety Code Section 33000 et seq. and which governs the practice of redevelopment in the State. "Housing Fund" in general means the 20% of Tax Increment Revenue generated from the Project Area that must be set aside in a separate fund to be used for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing. "Housing Fund Requirement" means the requirement to make deposits into and expend funds from the Housing Fund to produce affordable housing as required by the CRL. "Moderate Income Household" means, generally, households with incomes not exceeding 120% of area median income, "Project Area" means the specific geographical area within which the Agency has initiated a Redevelopment Project pursuant to the CRL. Appendix B provides a map of the Tiburon Project Area. "Redevelopment Plan" means the Redevelopment Plan for the Tiburon Redevelopment Project adopted on November 28, 1983. "Tax Increment Revenue" means that portion of property tax revenues generated by increases in assessed value within the Project Area and received by the Agency after the adoption of the Redevelopment Plan. "Town" means the Town of Tiburon. "Very Low Income Household" means, generally, households with incomes not exceeding 50% of area median income. 102\05\ 1 05612.02 A-I , RESOLUTION NO. RESOLUTION OF THE TIBURON REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED IMPLEMENTATION PLAN FOR THE TIBURON REDEVELOPMENT PROJECT WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan for the Tiburon Redevelopment Project Area (the "Project Area"); and WHEREAS, pursuant to Section 33490 of the Law, the Agency adopted its five-year Implementation Plan for the Redevelopment Project (the "Implementation Plan") by resolution of August 3, 1994; and WHEREAS, pursuant to Section 33490(C) of the Law, at least once within the five-year term of the Implementation Plan, the Agency is required to conduct a public hearing for the purpose of reviewing the Implementation Plan; and WHEREAS, pursuant to Section 33490(a) of the Law, the Agency is authorized to amend the Implementation Plan to reflect activities occurring in the Project Area and the Agency has prepared an Amended and Restated Implementation Plan for that purpose (the "Amended and Restated Implementation Plan"), a copy of which is on file with the Town Clerk; and WHEREAS, in conjunction with the mid-term review of the Implementation Plan, the Agency has conducted a duly noticed public hearing pursuant to section 33490(a) of the Law to obtain and consider public testimony regarding the proposed Amended and Restated Implementation Plan. NOW, THEREFORE, BE IT RESOLVED by the Tiburon Redevelopment Agency that: 1. The Agency hereby amends the Implementation Plan by the adoption of the Amended and Restated Implementation Plan. 102\05\106872.01 EXHIBIT NO. c2- 2. 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 December 3, 1997 by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: THERESA HENNESEY, CHAIRPERSON Tiburon Redevelopment Agency ATTEST: ROBERT L. KLEINERT, EXECUTIVE DIRECTOR Tiburon Redevelopment Agency 102\05\106872.01 TOWN OF TIBURON STAFF REpORT ITEM NO, I To: From: Subject: Date: TOWN COUNCIL TOWN CLERK TOWN COUNCIL - COMMITTEE APPOINTMENTS December 3, 1997 In addition to appointments to the Standing and Regional Committees listed on the attached sheet, and the interviews to be conducted for Planning, Parks & Open Space Commission, and Town Treasurer, the Town Council should consider appointments of Councilmember5 to the following committees and subcommittees Building Advisory Committee & Senior Housin'5 Advisorv Committee, Council and the Committee Chairs may want to consider whether they want to make additional appointments, although both Mogens Bach and Tom Gram have expressed an interest in continuing toserve on the committees in their capacity as Town Councilmembers, 2, Disaster Advisorv Council & Jt. Recreation Committee Council Liaisons, Jerry Thayer was the Council representative to both of these committees 3 'powntow.D Task Force & Jt Recreation Committee, Vacancies created by Tom Gram, After posting of the Special Vacancy Notices, Council can appoint new members 4 Main Street Traffic Subcommittee, At the November 18 Council meeting Terry Hennessy and Andrew Thompson indicated they would step down; Mogens BaCH and Tom Gram expressed an interest in serving, 'i Senior Housin>; Advisory Committee. Development Agreement Subcommittee Terry Hennessy is on the subcommittee. Tom Gram expressed an interest in serving, D.L Crane Town Clerk Attachment TIBURON TOWN COUNCIL PLANNING COMMISSION - INTERVIEW SCHEDULE MONDAY, DECEMBER 8, 1997 - TffiURON TOWN HALL, COUNCIL CHAMBERS 1505 TffiURONBLVD, 700 PM Steve Stein 710PM Steve Stroub 720 PM Shand Stephens 7:30 P,M, Dave Gotz 7:40 P,M, Jeff Slavitz 7,50 PM Paul Peterzell 800 PM Nancy Knoble 8,10 PM, Lisa Dal Gallo 820 PM Bill Smith 8:30 P,M, Alice Fredericks 8:40 P,M, Dan Morgan 850 P,M, **** 900 PM **** **** Mr. John Kricensky is out of Town on December 8 & 9, 1997 **** Ms, Kathy Bass withdrew her name but wants to be considered for Parks & Open Space and/or Disaster Advisory Council 11/25/97 TrnURONTOWNCOUNC~ COMMITTEE APPOINTMENTS (1997 - 1998) Dl~A ,"' '-it-r 1. STATE. LOCAL & REGIONAL AGENCIES (Appointee & Alternate) I, LEAGUE OF CALIFORNIA CITIES Mogens Bach - Delegate Harry Matthews - Alternate 2, COUNTYWIDE PLANNING AGENCY/CONGESTION MANAGEMENT Tom Gram - Delegate Mogens Bach - Alternate 3, ABAG Andrew Thompson - Delegate Tom Gram - Alternate 4, COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG) Terry Hennessy - Delegate Harry Matthews - Alternate 5, RICHARDSON BAY REGIONAL AGENCY Andrew Thompson - Delegate Mogens Bach - Alternate II, STANDING COMMITTEES :1 FINANCE & ADMINISTRATION Terry Hennessy Harry Matthews 2, PUBLIC SERVICES Mogens Bach Andrew Thompson 3, LANDS & DEVELOPMENT Tom Gram Andrew Thompson 4, LEGAL Tom Gram Harry Matthews Council.4.ppoinllnents - J 2'97 Latest Revision: 11/25/97 , 5, PARADISE DRIVE ANNEXATION & VISIONING PROCESS Terry Hennessy Harry Matthews Tom Gram (Alternate) 6, FINANCE ADVISORY COMMITTEE Mogens Bach Terry Leahy Harry Matthews Howard Robin IlL MCCMC APPOINTMENTS Elected by MCCMC 1, Marin Economic Commission Andrew Thompson Aooointed bv MCCMC President I MCCMC Le<,(islative Committee Terry Hennessy Aooointed bv MCCMC Citv Selection Committee 1, ABAG Executive Board Andrew Thompson (Alternate) 2, LAFCO Terry Hennessy 3 CAL-ID Remote Access Network Harry Matthews Town Aooointments to MCCMC 1. CATV - Joint Powers Authority Mogens Bach 2, Hazardous & Solid Waste JPA Robert Kleinert Andrew Thompson (Alternate) 3 North Bay Division - LCC Mogens Bach Harry Matthews (Alternate) 4 Marin Community Foundation City Liaison Committee Mogens Bach Council Appoint/Henls - 1]97 2 Latest Re\.'ision: 11/25/97 :I]PM- M. :z. , TOWN COUNCIL MINUTES DRAFT CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town ofTiburon to order at 7:36 p,m, on Wednesday, November 5, 1997, in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California, A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf PRESENT EX OFFICIO: Town Manager Kleinert, Town Attorney Sharp, Planning Director Anderson, Town Engineer Barmand, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Hennessy said no action was taken in closed session, C. None, PUBLIC OUESTIONS AND COMMENTS D. . . . RECOGNITION OF TOWN SERVICE RANDY GREENBERG - PLANNING COMMISSION PAUL SCHRIER - PLANNING COMMISSION HAL SCHMIDT - TOWN SOUND SYSTEMS Paul Schrier, Planning Commissioner from 1994-1997, said it was a pleasure to serve a community that "cares so much," He also gave special recognition to Commissioner Greenberg who could not be present. Mayor Hennessy recognized Hal Schmidt, whom she met 20 years ago, and thanked him for his contributions to the Town through his participation in the many events and sound systems he provided, Vice Mayor Thayer said it was a privilege to have served with Randy Greenberg on the Planning Commission and said that because of her efforts, and "sharp and penetrating intellect," the "stage was set" to preserve the Harroman Property, E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES Town Manager Kleinert said the Building Advisory Committee recommended John Kern to fill the vacancy created by Hal Edelstein's passing, TOWN COUNCIL MINUTES #1 126 November 5, 1997 I MOTION: To adopt recommendation and appoint John Kern to the Building Advisory Committee. Wolf, Seconded by Thayer Unanimous Moved: Vote: F. None, COUNCIL. COMMISSION & COMMITTEE REPORTS G. 1) 2) 3) CONSENT CALENDAR Town Council Minutes #1124, October 1,1997; #1125, October 15,1997 - (Approve) Acceptance of Drainage Easement - 26 Venus Court - (Adopt Resolution) Amicus Request - League of California Cities' CEQA Briefin Support of the Cit of Long Beach in Long Beach Heritage v. Board of Harbor Commissioners, et al. - (Approve) COPS 1997-98 Program - (Adopt Resolution) 4) MOTION: Moved: Vote: To Adopt Consent Calendar, Thompson, Seconded by Thayer AYES Unanimous NOES: None ABSTAIN: Wolf(October 1 & 15 Minutes) H. UNFINISHED BUSINESS 5) Downtown Main Street Improvements - (Receive & Discuss Timeline), Council received the timeline prepared by Staff for the initiation of the CEQA process for improvements to downtown Main Street. Town Manager Kleinert said there had been a meeting of the Mayors, Vice Mayors and Town Engineers of both Tiburon and Belvedere, in which it was agreed to go ahead with a test period for one-way on Main Street as well as a modified two-way plan, Mayor Hennessy opened the item for public discussion Don Davis, 1 Bellevue Avenue, said the Belvedere City Council did not agree to move ahead with the [one-way] plan, Don Baird, 95 Bellevue, Chair of the "Citizens Response Committee," said the group had formed after the October 15 Town Council meeting when the views they expressed "did not get recognition," He said the Committee had hired an attorney, AI Bianchi, and Environmental Planner John Roberto, as well as a traffic engineer from Walnut Creek, Charles Abrams, to represent them. Baird said they wanted a two-way system that would meet the concerns oflocal business, the residents of Corinthian Island, and the Town of Tiburon. Mayor Hennessy remarked that after two years of meetings, DKS Associates [traffic engineers] were hired at the behest of the City of Belvedere, and that the Town Council of TOWN COUNCIL MINUTES # J J 26 November 5, 1997 2 Tiburon had accepted their recommendation for one-way Main Street. This recommendation included keeping upper Main Street two-way as a result of the concerns expressed by residents of Corinthian Island, Ray Eder, 73 Eastview, said the Council should not go forward with the timeline, and that the group [Citizens Response Committee] wanted a reversal of the Council's previous decision regarding one-way traffic on Main Street. Steve Sears, owner of Sam's Anchor Cafe and Chamber of Commerce President, said the one-way issue had been discussed off and on for 20 years, and that everyone had had an opportunity to come to meetings regarding the latest proposal, Town Attorney Sharp cautioned everyone against talking about approval of a specific plan since a plan would not be final until it had gone through CEQA and the EIR process, Planning Director Anderson added that CEQA required looking at alternatives, as well, Dan Harris, Attorney with the Bianchi firm, encouraged the Council to meet with the Citizens Response Committee and to take no action on the timeline. Bob Trieber, merchant on Main Street, presented a petition signed by 70% of the merchants who said they opposed a one-way street. Mayor Hennessy closed the public hearing, Council deferred further action on any of the topics raised, such as adding members to the Traffic Subcommittee, until the matter was agendized and the new Council seated, J. PUBLIC HEARING MOTION: To move Item No, 12 up on the agenda, Moved! Thompson, Seconded by Thayer Vote: Unanimous 12) Appeal of Design Review Board Decision Re: Denial of Application for Construction of new Single-Family Dwelling at 2225 Vistazo East, AP#59-091-55; Applicant/Appellant Tom Frankovich, 586 Virginia Drive, Tiburon - (Request for Continuance by Applicant/Appellant) MOTION: To continue the hearing of the appeal to the January 21, 1998 Town Council meeting, Hennessy, Seconded by Thompson Unanimous Moved: Vote: I. UNFINISHED BUSINESS 6) RUSD Amended Agreement & Property Transfer - (Status Report & Possible Revisions - TOWN COUNCIL MINUTES # 1126 November 5, 1997 3 , Councilmember Ginalski). Planning Director Anderson said the School Board had asked for additional changes which he had reviewed with the Town Attorney, Anderson thought the outstanding items could be resolved by the next board meeting, Council directed Anderson to proceed with the discussions, I. NEW BUSINESS 8) "America Recycles Day" - BelvederelTiburon Recycling Committee - (Consider Committee's Recommendations), Chair Polly Smith gave a brief report, followed by a discussion of proposed recycling recommendations to be implemented by the Town ofTiburon, Town Manager Kleinert said he would meet with Recycling Committee member Romney Fennel and Public Works Superintendent Iacopi to discuss the recommendations, 7) Approval of Parcel Map for 2-Lot Split - (1155 Tiburon Boulevard, Town of Tiburon, Owner/Applicant), Planning Director Anderson recommended approval so that the Town could move ahead with the purchase by Reed Union School District. MOTION: To approve the parcel map and proceed with the lot split at 1155 Tiburon Boulevard, Thompson, Seconded by Wolf Unanimous Moved: Vote: 9) Replacement ofDowntown/Main Street Gas Lights and Plaza Tree - (Consider Recommendations by Public Works Department), Public Works Superintendent Iacopi said the,new fixtures would be virtually maintenance-free, and that the old gas lights could be shut off to avoid further problems with leaks, Superintendent Iacopi also said he would remove some of the bricks being around a tree on the plaza that was raising the sidewalk, but if not, the tree would have to be removed, 10) Belveron Mini Park Landscaping - (Consider Parks & Open Space Commission Recommendations) Planning Director Anderson said the Commission recommended some screening for the pump station, removal of the dilapidated play equipment, and the installation of a new bench, TOWN COUNCIL MINUTES # 1126 November 5, 1997 4 MOTION: Moved: Vote: , To adopt the recommendations of the Parks & Open Space Commission for Belveron Mini Park Landscaping, Thayer, Seconded by Thompson Unanimous 11) Upper Raccoon Lane Improvements - (Authorize Retaining Wall Installation at Cui de Sac). Councilmember Ginalski recused himself Town Engineer Barmaid said a slough wall was needed to prevent further sliding and that a bid had been received from a contractor to perform the work for $22,600. Council discussed funding the project from gas tax funds, capital outlay reserves, or streets and drainage funds. MOTION: Moved: Vote: To proceed with building the retaining wall on Raccoon Lane, Thompson, Seconded by Thayer Unanimous J. PUBLIC HEARING 13) Ordinance Re: 4305, 4315, 4325 & 4365 Paradise Drive: Town-Initiated Prezoning of Properties to R-l Zoning District; File No, R97-01; Owners, Slucky, Eiles, Nelson & Wilkerson; AP Nos, 38-291-14, 16,31 & 33 - (Second Reading and Adoption), Mayor Hennessy opened and closed the public hearing, MOTION: Moved: Vote: To read Ordinance by Title only, Wolf, Seconded by Thompson Unanimous Mayor Hennessy read, "An Ordinance of the Town Council of the Town of Tiburon Prezoning Property Located at 4305, 4315, 4325, and 4365 Paradise Drive to the R-l Zoning District; Assessor Parcel Nos. 38-291-14,16,31 & 33," MOTION: Moved: Vote: To adopt above Ordinance, . Thompson, Seconded by Thayer Ginalski, Hennessy, Thayer, Thompson, Wolf K. COMMUNICA nONS 14) Marin County Transportation Improvements - (Transportation Steering Committee Update and City Managers' Association Recommendations), Town Manager Kleinert said the cities were collectively looking for solutions to the traffic problems and funding of proposed transportation improvements, He said a study was being done to determine the viability of a transportation sales tax on the November 1998 ballot. TOWN COUNCIL MINUTES # 1126 November 5, 1997 5 , Kleinert said some of the City Managers proposed directing some of the tax dollars to local agencies to repair their streets. Town Manager Kleinert said another option under study was a Bay Area or regional sales tax in the year 2000, 15) Statewide Smoke-Free Legislation - (January 1, 1998 Deadline for Bars & Cocktail Lounges), Town Manager Kleinert pointed out the new ban on smoking in bars which would go into effect on January 1, 1998, He said the Town would not perform pro-active enforcement per the current policy unless complaints were received, L. STAFF & TOWN MANAGER REPORTS 16) Applications for Town Commissions, Boards & Committees - (Status Report), Town Manager Kleinert noted that 14 applications had been received for the Planning Commission, Town Attorney Sharp said he had received a telephone call from the Brekhus law firm and would accept service ofa complaint on behalf of the Council and Councilmembers as a result of the Fingerhut appeal. Mayor Hennessy noted that the Holiday Boutique was a big success and that Joan Miranda had done a phenomenal job, M. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 9: 18 p,m" to a special meeting [swearing-in ceremony] on November 17,1997, THERESE M, HENNESSY, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1 126 November 5, 1997 6 TIBURON TOWN COUNCIL STAFF REPORT , Subject: December 3, 1997 Item: TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR FISCAL YEAR 1997/98 BUDGET AUTHORIZATION - TRANSFER OF FUNDS consent:t/=3 Meeting: To: From: Back~round & Discussion: This item is for Town Council approval to complete the transfer of interest earnings monies from the Flood Plain Capital Project Fund to the New Town Center Construction Reserve Fund, as authorized in the previous fiscal year, In fiscal year 1996/97 Town Council approved of the use of$125,000 in interest earnings of the Flood Plain Fund for the New Town Center Construction Project. Implementation of this planned transfer of funds was delayed pending resolution of the legal claim regarding use of Flood Plain Fund resources. In October 1997, Town Council approved settlement of this legal claim, and Council may now complete this financial transaction, The New Town Center Construction Reserve Fund must receive these monies in order to complete the funding plan approved the New Town Center Project. Following transfer of funds the Flood Plain Fund will have approximately $45,000 available, Recommendation: Town Council approve the transfer of$125,000 from the Flood Plain Fund to the New Town Center Construction Reserve Fund. (j?S< by: R. Stranzl, Finance Director 1