HomeMy WebLinkAboutTC Agd Pkt 2011-03-02 (2)n
THELODGEATTIBURON
24 February 2011
Re: Support of the Increased BID Tax
Dear Town of Tiburon Clerk,
Please accept this letter as a vote of support to increase the BID tax to 2%.
The Marin County Convention and Visitor's Bureau has made great strides in increasing
visitors to Marin. Whether it is bringing meeting planners for potential group business
through FAMs, exhibiting at tradeshows or advertising- the efforts of this group has made
a positive impact upon our business.
The Lodge at Tiburon has benefited from our relationship through added group business,
especially in months when we have needed group business. The MCVB is keenly aware
of what our County needs are when it comes to driving additional revenue to our
businesses. They are seasoned professionals with a singular focus which is Marin County
and always includes Tiburon in their efforts.
The MCVB team is very concerned about each dollar they spend and invest their time
wisely. The organization is very transparent and seeks for everyone to participate
towards our County's success.
Thank you for your time and the Councils consideration of this important increase. I am
confident the additional monies will be utilized with the utmost interest of our business
betterment in mind.
Sincerely,
Mic a4ai
General Manager
The Lodge at Tiburon
TOWN COUNCIL
1651 TIBURON BLVD. TIBURON, CALIFORNIA 94920 T 415.435.3133 F 415.435.2451 www.THELODGEATTIBURON.COM
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
March 2, 2011
Agenda Item:
A-1--_1
Subject: Consider Acceptance of the Annual General Plan Implementation Status
Report for Calendar Year 2010
Reviewed By:
BACKGROUND & ANALYSIS
Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning
agency of each town or city, which is then forwarded to the appropriate legislative body, on the
status of the General Plan and progress in its implementation. In Tiburon, the "planning agency"
is the Planning Commission. The statute also requires a progress report on meeting the
community's regional fair share housing allocations. State law also requires that the annual
report be forwarded to the State Department of Housing and Community Development (HCD)
and to the Governor's Office of Planning & Research (OPR) in Sacramento by April 1 of each
year.
The Town Council accepted the 2009 General Plan Annual Report on April 7, 2010. Progress by
the Town in the implementation of General Plan programs since that time is summarized in
attached Exhibit 1. A substantial number of programs were implemented through adoption of
the revised Zoning Ordinance in April 2010, as well as through adoption of the Open Space
Resource Management Plan in November 2010. The nascent Downtown Vibrancy Project,
spearheaded by the Council's ad-hoc Downtown Committee of Vice-Mayor Collins and
Councilmember Collins, is considering implementation of a number of other general plan
programs as part of its ongoing effort.
The Planning Commission reviewed the General Plan Annual Status Report at its meeting on
February 23, 2011 and recommended acceptance of the status report by the Town Council.
RECOMMENDATION
Staff recommends that the Town Council:
1. Review the draft Annual Report
2. Direct staff to make any desired revisions to the Annual Report
3. Direct staff to forward the Annual Report to the required State agencies.
TOWN OF TIBURON PAGE 1 OF 2
EXHIBIT
1. Draft Annual General Plan Implementation Status Report for Calendar Year 2010
Prepared By: Daniel M. Watrous, Planning Manager
S: IAdministration7oivn CouncibStaff Repor&201 ]Warch 2 drafts12010 General Plan annual report.doc
TOWN OF TIBURON PAGE 2 OF 2
Annual General Plan
Implementation Progress Report
Tiburon 2020
Calendar Year 2010
Introduction
On September 7, 2005, the Town Council adopted a new General Plan,
Tiburon 2020. This annual report is the sixth performed since that adoption.
This report generally reviews progress on implementing programs contained
within Tiburon 2020 during the Calendar Year 2010, with certain housing
data covering the period 2007-2010. The purposes of this annual report are
to:
1. Provide information regarding how the General Plan is being
implemented with respect to its adopted implementation programs.
2. Identify any approved or needed amendments to the General Plan.
3. Provide information as to specific actions taken and ongoing
strategies and practices to implement the General Plan.
4. Provide information regarding the Town's progress in meeting its
fair share of regional housing needs and efforts to remove
governmental constraints.
The Annual Report is organized by the eight elements in the General Plan,
with a list of each implementing program and the status of that program, in
the order that the element and implementing program appears in the General
Plan. The eight elements of Tiburon 2020 are as follows:
Land Use Safety
Open Space & Conservation Noise
Downtown Parks & Recreation
Circulation Housing
Im lementin Lead Current CY2009 CY2010 p g
Pro ram # Program Summa Dept. Priority Status Status Description of Activity g rY
an se emen
LU-a The Town shall eriodicall review and if a ro riate revise its CDD Hi est Com leted Com leted All hi h riorit amendments to the Munici al Code to achieve consistenc with the new General 1 , , ~ P gP Y p Y P Y PP P p w General Plan
Munici al Code and other re lations to reflect the oals were ado ted in 2006. Lower riorit amendments were ado ted in 2007 and 2008. Final consiste p ~ g, p P Y p Zal consistency
olicies densities intensities and the land use desi ations of amendments were inco orated into the com rehensive Zonin Ordinance u date which was adopt P , ~ ~ P g p i was adopted by
this General Plan the Town Council on March 17, 2010.
LU-b The Town shall revise the Zonin Ma as necessar to achieve CDD Hi est Com leted• Com leted Ordinances 491 N.S. and 493 N.S. ado ted in 3/2006 and 4/2006, res ectivel ,com leted high pric t~ , P p P Y p g P Y P ed high priority
consistenc with the General Plan On oin rezonin s; lower riorit zonin ma amendments were com leted as art of com rehensive Zonin Y g g g P Y g p p p P isive Zoning
Ordinance u date, which was ado ted b the Town Council on March 17, 2010. P p Y
LU-c The Town shall eriodicall revise its a lication forms CDD Hi hest Com leted• Com leted All CDD a lication forms reviewed and revised b Jul 2006; rocedures were revised as part of p Y Pp , g p , p PP Y Y p
rocessin rocedures and develo ment review rocedures as On oin com rehensive Zonin Ordinance u date, which was im lemented in A ril, 2010. P gp , p p g g P g P P P
necessar to reflect and im lement the oals and olicies of this Y p g p i _y
General Plan
LU-e The Town shall re uire that Tans for new construction include a CDD On oin NA NA Site Plan & Architectural Review a lication forms revised June 2006 to re uire exterior lightin q p g g pP q g x
li htin lan for review as art of the Site Plan and Architectural and details as art of a com lete a lication. g g P P P P pp
Review process
LU-f The Town in con'unction with LAFCO and the Count of CDD/ Hi On oin No ro ess Stud com leted in Se tember 2006 b CSW/Stuber-Stroeh re ardin current conditions and costs , ~ g g P 1~' Y p P Y g g J Y ~ i
Marin shall conduct a stud to establish the true cost and other DPW im rovin and maintainin Paradise Drive. Discussions with Count of Marin and Marin LAFCO , Y P g g Y
im lications of annexin Paradise Drive and work to create with Town was unable to reach an a Bement with the Count over future maintenance. Formal discuss p g Y
the Count of Marin and LAFCO a viable financin lan which ended in December 2009, althou the Town continues to be alert for o ortunities to continue the Y g P pp
would make annexation of ro erties in the Paradise Drive area dialo e with the County on this issue. PP ~
feasible and fiscal/ acce table to the Town Y P
LU- The Town shall identif riorit locations for the use of Rule DPW Hi NA NA Town Council ado ted riorities list on 9/21/2005. The to riorit is the ower poles on Tiburon ~ P P pp Y P g YP Y
20A under oundin funds Boulevard near the curve at Trestle Glen Boulevard, and the second riority is the poles along TibL g p
Boulevard between San Rafael Avenue and Mar West Street.
en ace onserva ion emen Y - ~ m
i
OSC-a A licants shall be re uired to demonstrate that ro osals for CDD On oin Part 1 NA Precise Develo ment Plana lication submittal re uirements revised in June 2006 to incorporate t pP q p P g g P pP q 1
develo ment minimize environmental im acts and com 1 with for Part com feted in ro am. No ro ess made on establishment of an Environmental Assessment process similar to 1 P p P Y p p P 1~'
the General Plan and a licable re lations, ordinances and l; Low 2006 used b the Count of Marin. Part 2 was abandoned b Town Council on May 6, 2009. Pp 1~ Y Y Y
idelines. The Town shall re uire an environmental for Part Part 2 ~ q
assessment rocess, similar to that used b the Count of Marin, 2 Abandoned p Y Y f
CDD= Communi Develo went De artment; DPW=De artment of Public Works; Admin=Administration Department; RDA=Redevelo ment A ency; All=All Departments i
tY P P P P g
Tiburon 202D Annual General Plan Implementation Status Re ort Calendar Year 2010 2 P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summa De t. Priori Status Status Descri tion of Activi
for Precise Develo merit a lications filed for lar e P pP g
undeveloped pro ernes p
OSC-b The Town shall review develo merit a lications submitted with CDD On oin On oin On oin Count -referral a lications are screened on acase-b -case basis and Town comments are submitt~ P pp g g g g g g Y PP Y aw, siibmitWd-as
the Count within its s here of influence and areas of interest in deemed a ro riate. Staff erforms on oin review of Count referrals. Y P PP P P g g Y
order to encoura e conformance with Town olicies, including g P
minimizin the visual im act of development on surrounding g P
hills visible from Tiburon
OSC-c The Town shall re uire an environmental assessment for CDD On oin On oin On oin Environmental review rocedures of the Town re uire this information to be prepared where such q g g g g g g P q
develo merit ro osed on sites that ma contain sensitive resources exist. P p p Y
biolo ical resources, includin wetlands, occurrences of s ecial- g g P
status s ecies and sensitive natural communities, native wildlife P
n locations and native wildlife movement nurseries a d nesting ,
corridors. The assessment shall be conducted b a ualified Y q
rofessional to determine the presence or absence of any p
sensitive resources which could be affected b ro osed Yp p
develo merit, shall rovide an assessment of the potential P P
im acts, and shall define measures for rotectin the resource P p g
and surroundin buffer habitat g ~hnren; ~r~ .
OSC-d Where hill slo e stabilization is ro osed as art of develo merit CDD On oin On oin On oin Precise Develo merit Plana lication submittal re uirements were revised in June 2006 to incorpc P P P P p g g g g g g P PP q
ro osals or wherever such stabilization is re wired b the this program. P p ~ q Y
Town to rotect ublic safet the Town shall re uire the ro'ect p P Y~ q P J
to evaluate all slo ere air-related modifications such as the p P
seconda im acts of subsurface drama e on site and watershed rY P g
ecolo ical communities, including special-status s ecies, g p
sensitive natural communities, and wetlands. In the event
im acts are likel ,modifications to the ro osed roject shall be P Y PP p
considered. In the event avoidance and ro'ect modification are pJ
infeasible, a ro riate on- or off site habitat miti anon shall be pp p g
re wired rior to ro'ect a royal, as mandated b the State and q P P J pP Y
federal re lator a encies ~ Yg
OSC-e The Town shall establish a clearin ouse of information for CDD Low On oin On oin The Associate Planner develo ed an informational list for a encies associated with environmental g g g g p g
ublic use related to rotection of sensitive biolo ical and protection in 2007. P p g
wetland resources, maintain contacts for a encies res onsible for g P
their rotection, and encoura e rograms dedicated to the P gP
restoration and mana ement of the remainin natural area g g
OSC-f The Town shall consider revisin and ex andin the Tiburon CDD Low Abandoned Abandoned Abandoned by Town Council on May 6, 2009. g P g
Tree Ordinance to rovide protection of both individual trees p
and native woodlands. Factors to consider in ex anding the P
current ordinance include the importance of protecting smaller
CDD= Communi Develo merit De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo went A ency; All=All Departments
P f P P S tY P P
Tiburon 2020 Annual General Plan Implementation Status Re ort Calendar Year 2010 3
P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
sa lin trees and balancing their protection against those of P g
desi nated " rotected trees", definin critical mana ement g p g g
idelines necessar to maintain health woodlands, and ~ Y Y
methods to encoura e natural regeneration in woodland habitats g
OSC- The Town shall develo and ado tan 0 en S ace mana ement DPW Hi Pro ess Com leted The en S ace Mana ement Plan was ado ted b the Town Council on November 17, 2010. P ~ P ~ P g P Y g P P p g 2010.
ro am that identifies maintenance projects and funding P
sources
OSC-h The Town shall create and ado t an overla zone for the area CDD Hi Com leted Com leted Included in com rehensive Zonin Ordinance u date ado ted March 17 2010 b Town Council. ~ P P g p~ P Y P Y P ri Council.
containin the Town's Inventor of Local Historical Buildin s g Y g
and ado t additional rotection measures for the structures P P
identified in the Inventory
OSC-i The Town shall either establish an inventor of sites which have CDD Medium On oin on On oin on The Town utilizes an archeolo ical sensitivity ma in its review of small rojects. Y g g g g g p P
known archaeolo ical sites or the ossibilit of containin Part 1 for Part 1 for g P Y g
archaeolo ical sites; or enter into an a Bement with an outside small ro'ects. small projects. g p J
entit which can rovide similar services. Where sites have the Lar e ro~ects Large projects Y p gpJ
ossibilit of containin archaeolo ical resources, ro~ect are subject to are subject to p Y g g pJ J
s onsors shall be re uired to noti contractors to cease detailed detailed fY p q
construction activities u on encounterin archaeolo 'cal artifacts cultural cultural p g ~
or human remains until ro er authorities have been notified and resource resource pp
a miti ation lan is develo ed ~ review review g p P
rocedures' rocedures• p ~ P
Part 2 is Part 2 is
alread already Y
re uired b required by q Y
state law state law
OSC-' Revise the Town's water conservation ordinance when chan es CDD Medium Com leted Completed Ordinance ado ted b Town Council on March 17, 2010. J g P p Y
in MMWD's water conservation ordinance re uire q
OSC-k Consider the ado tion of a wood smoke ordinance to reduce the CDD Medium Under No progress p
emission of articulate matter into the air Consideration p
OSC-1 The Town shall ursue the radual re lacement of the Town's All On oin Pro ess Pro ess The Communit Develo ment De artment and Police De artment both urchased low emission of P g p g g ~ Y p P p P emission vehicles
vehicle fleet with zero or low emission vehicles, where in 2009 (Honda Civic Hybrid and Ford Escape Hybrid).
appropriate
OSC- The Town shall attach BMP conditions to ermits that are issued CDD/ On oin Pro ess Pro ess BMP conditions routinel attached to Encroachment Permit conditions and selected Zonin Permit P g g Y g
m b the Town, as a ro riate DPW Field review for BMP compliance is routine for Building and Public Works project inspections. Y pp P f M U. 1
OSC-n Rec clin bins shall be laced ad'acent to refuse cans on the DPW On oin Com leted Com leted and Y g P J g g p P
Town's ublic ro ert , with s ecial em hasis on hi h traffic and On oin Ongoing p P p Y p P g g g
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration Department; RDA=Redevelo meet A ency; All=All Departments
P f p g tY p p
Tiburon 2020 Annual General Plan Implementation Status Re ort Calendar Year 2010 4
p
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
areas such as Shoreline Park and the Richardson Bay Lineal
Park
OSC-o The Town shall continue to be an exam le and a resource for the All On oin On oin On oin Construction debris and other rec clin ro ams continue to be im lemented. Solar panels were p g g g g g g Y gp P
communit in rec clin b continuin ro ams such as the installed on Town Hall in 2006; other ro ams are bein considered as art of the Town's Green Y Y gY gP~ p1~' g P
construction debris ro am household batter ro am and b Buildin Pro am. The Town's Climate Action Plan is com leted in draft form and is scheduled tc P S~' ~ Y P t~' Y g 1~ P
reducin the waste of resources in conductin the Town's considered for ado tion in April 2011. g g P 3 I
business
OSC- The Town shall develo an ordinance or idelines for outlinin CDD Medium Com leted Com leted and The Green Buildin Ordinance was ado ted in November 2008 and was enforced through the end ~ P P 1~ g P P g p fr' ho I l!•1 1 1 1 'i4 r~ ly L LW-
een buildin .rind les and On oin On oin 2010. On Janua 19 2011 the Town Council ado ted the 2010 Green Buildin Standards Code gP p g g g g D' P g
CGBSC or CALGreen which su ersedes the Green Buildin Ordinance. The Green Buildin Ord ~ ) P g g
is bein re Baled in 2011 and re laced with the state-wide CALGreen Code, which is im lemented g p P P
throw h the standardized Buildin Codes. The Town will consider additional enhancements to g g
CALGreen later in 2011.
own own emen
DT-a The Tiburon Zonin Ordinance shall be revised to be consistent CDD Hi hest Com leted Com leted Prima Zonin Ordinance amendments related to the Downtown Element were ado ted in earl 2~ g g P p rY g P Y -h the i-mi n f
with the oals and olicies of this Element and to im lement the remainin secondar items were included in the com rehensive Zonin Ordinance update adopted g P p g Y P g idelines of the Downtown Tiburon Desi n Handbook Town Council on March 17, 2010. v
~ S
DT-b Ado t a ro ert maintenance ordinance for Downtown that will CDD Low No ro ess No ro ess The new si ordinance contains such rovisions. Pro ert maintenance roblems in the Downtov P P p Y p P 1~' ~ P P Y p
re wire that ublic and rivate im rovements includin si s few and are addressed throw existin zonin and code com Hance mechanisms on those rare insi ~ g g P P ~ g q P P
be ke t in ood re air when they occur. P g P
DT-c Fulfill the Tiburon Redevelo ment A enc re uirements for RDA Hi No Pro ess No Pro ess Zonin Ordinance was amended in 2006 to u zone ro erties and to rovide incentives for afforda ~ g' g P P P P p g Y q
construction of ver -low income housin units throw creation housin roduction. An u dated Redevelo ment A enc Housin Im lementation/Compliance Pl g gh gp P P g Y g P Y i
of additional units in the Downtown ado ted in 2007. In 2010 no new affordable units were actuall constructed in the Redevelo ment P Y P Project area.
DT-d Over the lon -term im lement installation of streetsca a All On oin On oin On oin Pro ert owners and a ents are advised of these idelines and are rovided co ies of the Handbo~
g P P g g g g g g P Y g ~ P P im rovements to Tiburon Boulevard's ublic ri ht-of wa as Staff continues to hold discussions with ro ert owners for the u ose of encouraging projects tl
p P g Y P P Y P rP described in the Downtown Tiburon Desi n Handbook. These romote the oals of the Handbook. New streetli t fixtures were installed in 2008 to eliminate 1
~ g g p g im rovements ma include but are not limited to widenin roblems from the older fixtures. Staff continues to review develo ment a lications for o ortun
P Y g P p Pp Pp sidewalks to a minimum of ei t feet• rovidin a landsca ed im lement this ro am. For exam le, the Boardwalk Sho in Center im rovements associated
P g P P P P PP g P lamer stri between sidewalks and streets on both sides of Woodlands Market include wider sidewalks and safer vehicle entr oints, among other improvem
P P YP Tiburon Boulevard• installin new street trees in these lamer The CVS ro'ect currentl under review ro oses numerous ro ert u ales including but not li
g P PJ Y Pp PP YP~' stri s• and re lantin the existin median stri with lower- to new and wider sidewalks on its Tiburon Boulevard and Beach Road fronta es, new landsca in
p~ P g g p g P g owin ve etation li tin ,and otentiall cross-walk improvements.
~ g P Y ~ g g
i in early 2008;
CDD= Communi Develo meet De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo meat A ency; All=All Departments f p p g t1' P p P xe adopted by
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 5
P p
~e Downtown are
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summa De t. Priori Status Status Descri tion of Activity
DT-e Facilitate the lon -term future im rovement of the four corner CDD/ Hi h On oin On oin Pro erties on all four corners were u -zoned to a hi her FAR limit and affordable housing overlay g P g g g g g P p g ng overlay and
ro ernes at the intersection of Tiburon Boulevard and Beach Admin densit bonus rovisions were laced on two of the corner ro ernes. Staff continues to encourag P p Y P P p P to encourage and
Road and ad'acent sites work with ro ert owners to renovate and/or re lace older buildin s in these ke locations. J P P Y p g Y ons.
DT-f The Town shall ado t a street furniture/outdoor seatin lan for CDD/ Low No ro ess Pro ess This conce t and man other ideas to im rove the vibranc of Downtown Tiburon are being consid P g P p p Y P Y eing considered
Main Street with ossible future extension of the lan to other Private b the Town Council's ad-hoc Downtown Committee com rised of Vice-Mayor Fraser and P p Y P and
areas of Downtown Councilmember Collins. The Committee was ve active in 2010 meetin with downtown merchal rY g xn merchants and
ro ert owners to identi issues of concern and otential ideas for im rovement. Workshops wit/ P p p p Y
business communit and the public are currently ongoing. Y
DT- The Town shall ado t a resolution desi atin the former CDD Low No progress No progress No progress. g p ~ g
Northwestern Pacific Railroad Yard palm tree as a rotected tree p
DT-h Consider installation of a Downtown Tiburon ent si lanter CDD Low No ro ess Pro ess This conce t and man other ideas to im rove the vibranc of Downtown Tiburon are being consid rY ~P P i~' P Y p Y
area at an a ro riate location b the Town Council's ad-hoc Downtown Committee com rised of Vice-Mayor Fraser and PP P Y p
Councilmember Collins. Worksho s with the business communit and ublic are currently ongoin P Y P
DT-i Consider ado tion of a ublic art ordinance and establishment of CDD Low Abandoned Abandoned Abandoned b Town Council Ma 6 2009. P P Y Y~
a communit ro am to encourage public art where appropriate Y P i~' eing considered
and
DT-' The Town shall install si s or kiosks where a ro riate to CDD Low Pro ess Pro ess Fe landin im rovement ro'ect si a e contains a hits showin the location of ublic arkin J ~ PP p g P P J ~ g P g p p ltly ongoing.
indicate the location of off street arkin within walkin in the Downtown. Additional si s or kiosks could be rovided in con'unction with new develo m P g g ~ P J p
distance of Downtown Tiburon ~ it occurs. Anew arkin si was installed for the Main Street Annex parking lot in 2008. P g ~
Im r v i a n wa -findin measures are bein considered b the Town Council's ad-hoc p o ed s gn ge a d y g g y
Downtown Committee com rised of Vice-Ma or Fraser and Councilmember Collins. Workshops p Y iblic parking lot
s onsored b the Committee with the business communit and ublic are currently ongoing. p Y Y P v development as
A
DT-k For the Main Street Parkin Lot desi ate and enhance Private Medium No ro ess Pro ess Decorative si s namin the various aths and stairwa s leadin down from Upper Main Street to 1 g ~ ~ p ~ g p Y g 's ad-hoc
edestrian walkwa s stairwa s lanes and intersection oints Main Street Parkin Lot were installed b Zelinsk Pro ernes in 2010, and other hysical im roves P Y~ Y~ P g Y Y P p p Vorkshops
throu h si a e avement markin s or other methods and to certain of these connections have been made in recent ears. Additional measures to improve g ~g~p g Y ping.
enhance or re lace existin arkin lot landsca in alon Juanita edestrian connectivit between Ark Row and other arts of Downtown as bein investi ated as a p gP g P g g P Y P g g P
Lane. The Town and ro ert owner should stud alternative the Downtown ad-hoc Committee process. p P Y Y n Street to the
vehicular ent and/or exit oints for this arkin lot rY P p g al improvements
improve
DT-1 Pave and im rove the Tiburon Boulevard a arkin lot located CDD/ Hi Com leted Completed Parking lot paved and improved in 2008. P p Yp g P gated as part of
at 1525 Tiburon Boulevard. If feasible, desi ate bus arking Private ~ P
s aces in this lot, with si age prohibiting the idling of buses P i~
DT-m The Town alon with Downtown ro ert owners and DPW On oin On oin Pro ess and Hours allowed for loadin and unloading of trucks on Main Street were ex anded in 2008 at the rec g P p Y g g g g g P
merchants shall eriodicall review the relationshi between On oin of the Chamber of Commerce. Parking fines for over-time violations were increased in 2010 by the p Y p g g
Downtown businesses and the time limit re lations of on-street Town Council. The renter Downtown parking issue is under review by the Town Council's ad-ho ~ g
arkin and stud than es to the current ublic street arkin Downtown Committee. Worksho s s onsored by the Committee with the business community ant P g Y g P p g p P
re lations to best serve Downtown merchants and their atrons public are currently ongoing. ~ P )8 at the request
2010 by the
wit's ad-hoc Imunity-and
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration Department; RDA=Redevelopment Agency; All=All Departments ~Y P P P
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 6
P P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
DT-n The Town shall ex lore the desirabilit and feasibilit of a All Medium No progress No progress P Y Y
ublic arkin structure in Downtown P P g
DT-o With the owners of Downtown rivate arkin lots the Town Admin/ Medium No ro ess Pro ess This conce t is one of man ideas ut forth Burin the Downtown Committee's outreach process, a p P g ~ P P Y p g t-«ill t' "C P"'SZ
shall examine the feasibilit of institutin a referential arkin CDD will be considered as the rocess moves forward. Y g P P g P .t a
ro am for residents P b~'
DT- Install a traffic si al at Mar West Street and Tiburon Boulevard CDD/ Low No ro ess No ro ess Si al warrants not et met to allow si al installation a royal b Caltrans. The Mar West Stree~ P ~ p P ~ Y ~ pp Y
as soon as ermission from Caltrans can be secured DPW intersection will be reviewed more closel as art of the Librar expansion project processing in 2( p Y P Y i
but the DEIR indicates that the Librar ro'ect would not tri er si al warrants at this intersectior, Y P J gg ~
traffic studies indicate that si al warrants would be met at build-out of the Tiburon eninsula as ~ P t~ ~1~11 i
ro'ected in the Tiburon General Plan. pJ
DT- Reduce the bic cle/vehicular conflict at the Mar West CDD/ High No ro ess No progress q Y P
Street/Tiburon Boulevard intersection. Stud the installation of a DPW Y
delineated left-turn bic cle lane from westbound Tiburon Y
Boulevard to the multi-use ath entrance at this location, as well P
as other o tions. Such improvements may (but need not) occur P
in con'unction with si alization of the intersection J ~
DT-r Relieve the edestrian con estion oints near the intersection of CDDI Low Pro ess Pro ess Installation of different tables and chairs and minor ublic im rovement relocations have somewha P g p P p
Juanita Lane and Tiburon Boulevard throu h sical chan es DPW reduced the con estion in this location. The de arture of the Paradise Cafe in 2010 has further reds ~P Y g g P
and im roved enforcement of the ublic ri t-of wa con estion at this oint. Staff is currentl in communication with the architect working on the desi P ~ Y g p Y P
a new buildin at this location 1694-1696 Tiburon Boulevard) to further address this issue. g (
DT-s Install a aved edestrian athwa or similar suitable CDD/ Medium Part 1 Part 1 The aved edestrian walkwa alon Mar West Street from Tiburon Boulevard to the TPC propert P p p Y p P Y g i
im rovement alon Mar West Street from Tiburon Boulevard to DPW Com leted• Com leted; was installed in 2007. An easement a Bement for ublic access in the s ecified location was secw P g p ~ p p p f
the Tiburon Peninsula Club and install a athwa connectin Part 2 No Part 2 Pro ess from the Tiburon Peninsula Club in 2006 and the ublic access easement recorded in 2007. Rou P Y g p
Teather Park to Jud e Field Pro ess re aration work was com leted on the athwa connectin Teather Park to Judge Field; com leti~ g P P p p Y g P
im rovements is antici ated to occur sometime in 2011. P P ~ ~l a L _
DT-t Activel monitor the San Francisco Ba Area Water Transit Admin On oin On oin On oin The Town Council has a re resentative on this Board who rovides re lar u dates to the Town C~ Y Y g g g g g g p p ~ p J
Authorit rocess in order to romote ferr use on the Authority. YP P Y
DT-u Facilitate ex ansion of the Belvedere-Tiburon Public Librar b CDD Hi Pro ess Pro ess The Librar ex ansion a location was filed in late 2008. An EIR consultant has been retained anc ~ Y p PP P YY
em to in streamlined ermit review rocesses t icall used re aration is underwa for the ro'ect. The Draft EIR is ex ected to be recirculated in S rin 201 PYg p P YP Y PP Y PJ P P g
for ma'or public projects J
DT-v Im lement recommendations of the Railroad Marsh DPW On oin On oin On oin A ma'or cattail removal effort took lace in 2010 in conformance with the Marsh Maintenance Play p g g g g g g J P
Maintenance Plan re ared b Wetlands Research Associates pP Y
DT-w Consider the installation of a small ublic restroom facilit in or DPW Medium No ro ess No ro ess No ro ess p Y p l~ p P i
near Shoreline Park
~ITT1
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo ment A ency; All=All Departments ~on the design of
f p P g tJ' P P p rt i1
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 7
P P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
1CCU a lOn emen
C-a The Town shall maintain its traffic model and traffic monitorin CDD On oin On oin On oin Traffic model was u dated as art of the Tiburon 2020 EIR; revised and u dated traffic miti anon g g g g g g g P P p g mitigation fees
ro am which eriodicall measures intersection levels of were ado ted in January 2007. p ~ p Y p
service, evaluates the im act of new projects on the roadway p
network, and re-evaluates appropriate traffic mitigation fee
amounts
C-b The Town's traffic model shall be used to eriodicall review CDD Hi h Pro ess Progress See C-a above P Y g
the Town's traffic miti anon fees to ensure that the are based g Y
on current information and that they are ade uatel ca turfing the q Y P
im acts of new ro'ects on the roadways in the Planning Area. p PJ
The Town shall u date its traffic mitigation fees as necessary p
C-c The Town shall re-evaluate its list of needed circulation CDD/ Ongoing NA No progress
a roximatel eve five (5) years DPW PP Y D'
C-d The Town shall work with the Count of Marin and LAFCO to All Hi See LU-f No progress See LU-f Y
formulate a lon ~-term lan for maintaining and improving g P
Paradise Drive
C-e The Town shall work with the Count of Marin and LAFCO to All Hi hest See LU-f No progress See LU-f Y g
identi and im lement a financing strate for maintenance and p gY
im rovement of Paradise Drive p
C-f The Town shall lobb fundin a encies such as Metro olitan Admin On oin Pro ess On oin Town Council successful in havin Paradise Drive included in list of County roads to receive sales Y g g p g g g g g .ceive sales tax
Trans ortation Commission and the Trans ortation Authorit of roceeds throu Trans ortation A ency of Marin (TAM). P P Y p p g
Marin to ensure that fundin for critical local roads, including g
Paradise Drive
C- The Town shall use the desi anon of Paradise Drive as art of Admin On oin Pro ess On oin Town Council successful in havin Paradise Drive included in list of Count roads to receive sales g 1~ P g g g g g Y .ceive sales tax
the Ba Trail as a tool in a 1 in for im rovement fundin for roceeds throu TAM. Y Pp Y g p g P
the road
C-h The Town of Tiburon Traffic Safet Committee shall maintain a All On oin On oin On oin Im rovements are set forth in the annual CIP bud et as fundin becomes available. Y g g g g g g P g g
list of desired traffic safety improvements for im lementation P
over time
C-i The Town shall review the Bic cle and Pedestrian Master Plan CDD/ On oin Com leted Com leted Com leted. An u dated Bic cle and Pedestrian Master Plan was ado ted in September 2008. Y g g p p P p Y P 2008.
eriodicall ,and revise the list of improvements and actions DPW p Y
called for in the Plan when implementation of ado ted P
im rovements has occurred, and/or when conditions warrant P
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo meat A ency; All=All Departments ty p p
P f P P g
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 8
p p
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activity ty
C-' The Town will work coo erativel with ABAG and nei borin CDD/ On oin On oin On oin Town com leted Phase I the Trestle Glen Boulevard Ba Trail s ur route) bicycle and pedestrian g g p ~ Y p P Y ~ g g g g g J pedestrian
'urisdictions to im rove the Ba Trail around the Tiburon DPW im rovements in 2005. New si a e was added alon the Ba Trail route in Tiburon under directi J P Y p ~g g Y rider direction of
Peninsula the Bic cle Pedestrian Advisor Committee. Extensive Multi-use Path improvements were comply Y Y vere completed in
2007 and new si a e installed in earl 2008. The Town recent/ received an ABAG ant for Ba~ ~ g Y Y rant for Bay Trail
improvements.
C-k Encoura e the rovision of ade uate transit facilities in All On oin On oin On oin Council re resentative to TAM lobbied and encoura ed Marin Count Transit District for bus rout g P q g g g g g g P g Y
coo eration with other a encies and o erators fundin .The Town has received a $314,000 ant from TAM for work on the Lyford Drive multi-s p g P g II
parking project.
C-1 The Town shall make available schedules for buses ferries and Admin On oin On oin On oin Town's website has links to ferries, buses and other transit services throu h the 511 system and Gc g g g g g g g
an transit a encies that connect with those modes Gate Bridge District websites. Y g
C-m The Town shall continue to work with the Reed Union School All On oin Pro ess Pro ess In 2007 the Town and the Reed Union School District received a Safe Routes to School Grant in t1 g g i~'
District and St. Hilar School to romote alternative amount of $352 000 for im rovements focusin around Del Mar Middle School. Construction of t Y p ~ P g
trans ortation ro ams to reduce traffic con estion around im rovements was com leted in 2010. P P g p P
schools { r
C-n The Town shall romote and ublicize the RIDES ro am to CDD Low No progress No progress P P P
em to ers and em to ees as a resource for exploring ways to pY pY
reduce traffic and arkin congestion P g
No ro ess Town has ado ted and is a datin its traffic miti anon fee for develo ment within Town limits tha C-o Coordinate with Mann Count for the ado hon of CDD High No rogress p gr p p g g p Y p P
com lementar roadwa im rovement and miti anon fee affects the uninco orated intersections within the Tiburon S here of Influence. No rogress has b p Y Y p g ~ p p
ro ams for roads and intersections located in uninco orated made in convincin the Count to adopt a reciprocal miti anon fee. p ~ g Y g
sections of the Tiburon Planning Area
C- Maintain an active role in the Trans ortation Authorit of Marin Admin On oin On oin On oin The Town Council re resentative maintains an active role on the TAM Board and Executive Comr P p Y g g g g g g p i
and/or U.S. Hi hwa 101 Corridor Tannin ro am with the g Y P g P
u ose of ensurin that im rovements enhance inter-cit p~ g p Y
movement
`1 1
a e emen
SE-a Where ossible the Town should advise residents of the Tiburon All On oin On oin Ongoing
P ~ g g g g Plannin Area of wa s that the can reduce eolo ic, fire and
g Y Y g g flooding hazards
SE-b The Town shall re uire ro'ect a licants for new develo ment CDD On oin Com lete Com lete Precise Develo ment Plan submittal re uirements revised June 2006 to re uire this information as
q p J PP P g g p P p q q to re are a h draulic and eomo hic assessment of on-site and a complete application.
Pp Y g ~ downstream drama ewa s that are affected b ro'ect area
g Y Yp J runoff. Characteristics ertinent to channel stabilit would
p Y include bank erosion, excessive bed scour or sediment
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelopment A ency; All=All Departments f p g tY P P P
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 9 p P
Im lementin Lead Current CY2009 CY2010 A g
Pro ram # Pro ram Summa De t. Priori Status Status Descri lion of Activity
de osition, bed slo e ad'ustments, lateral channel migration or p p J
bifurcation, and the condition of riparian ve etation. In the g
event existin channel instabilities were noted, the a licant g PP
could either ro ose their own channel stabilization program, or P P
defer to the miti ations enerated Burin the Town's g g g
environmental review. An roposed stabilization measures Yp
shall antici ate an ro'ect-related changes to the drainageway P YP J
flow regime
- r c n h 11 continue CDD/ On oin On oin On oin Workin with the Fire District the Town has added Ve etation Mana ement Plans to submittal SE c Throu the a hcation review p o ess, the Tow s a g g g g g g g ~ g g ~ PP abmittal
F'r fire DPW re uirements for certain ro'ects and has inco orated Wildland-Urban Interface (WUI) regulation to re uire review b the a ro Hate i e Distract for q p J ~ q Y Pp p regulations into mm~ilillill loom
revention considerations its review process. P
SE-d As art of an 0 en S ace Mana ement ro am the Town shall DPW Medium On oin Ongoing See OSC-g p P P g P g g
develo a lan, includin funding sources and/or other p P g
0 ortunities such as volunteer ou s, for reducin fire hazards Pp ~ P g
and maintainin fire roads on Town-owned o en space g p
SE-e The Town shall continue to review and u date the Police On oin On oin Ongoing P g g g g
Emer enc 0 erations Plan to ensure that it remains up-to- g Y P
date.
- zar i i i Pl n to com 1 CDD Hi h Pro ess Pro ess Plan ado led in October 2005• Resolution 53-2005. The Town full anici ated with ABAG and SE f The Town shall ado t o Local Ha d M t gat on a p y g gr gr p ~ Y p P p
i n A and maintain munici alines in the LHMP u date rocess in 2009. The draft re 'onal lan is currently under rev with the federal Disaster Mite at o ct of 2000 p P p ~ P g
n in FEMA FEMA and once acce led b them the Town will have several months to its updated plan. The P. eh bilit for hazard mite anon fu d g from p Y l~ Y g
Commission held a ublic hearin on the Town's draft u dated Miti anon Strategies portion of the P g P g
LHMP in November 2010. Ado lion of the u dated LHMP is antici ated in 2011. P P p
- s t i 'n emer enc Police On oin On oin On oin Get Read !!Pro am launched in 2006. To date, 1,700 ersons have si ed u for or received SE The Town shall use its best effort o il ssemi ate g y g g g g g g y gr P ~ p g
the communit emer enc re aredness trainin .The ro am continued throu 2010. The Town's Emergency i n to ~ re aredness mformat o y g Y p p g p pp y under review by
Services Coordinator releases email news bulletins to inform residents of emergencies and prepare Ian. The Planning
issues and lists re aredness ti sin the Tiburon Ark newspaper. pP P - )rtion of the
SE-h The Town shall conduct an immediate ost-earth wake CDD Ongoing NA NA P q
assessment of critical facilities and buildin sin the Planning g eceived
Area to determine the extent of lama es, if an , to essential g Y Emergency
Town infrastructure. This should be erformed b trained p Y and preparedness
rofessional s utilizin the current state-of knowledge g P
re ardin ost-earth uake assessment g gP q
- 'th the M rin M nici al Water CDD/ Low Pro ess Pro ess Over the ast several ears new MMWD tanks have been installed at S rin Lane and Mount Tib SE i The Town shall coordinate wi a u p gr gr p Y ~ P g
n fittin i h e water tanks DPW and older tanks have been u ailed. The Su ar Loaf Tank ro'ect, which involves the re lacemer Distract to re lace the i in a d gs rat os p~' g P J p p Pp g
re not rr n 1 fitted with redwood tank with a welded steel tank and the installation of a second welded steel tank was large m the Plamm~ Area that a cu e t y g
CDD= Communi Develo ment De artment• DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo went A ency; All=All Departments f p P g ~1' P P P
Mount Tiburon,
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 10 P P replacement of a
c was largely
Im lementin Lead Current CY2009 CY2010 p g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Active Y tY
flexible earth uake-resistant 'oints. In addition the water completed in 2010. q J
tanks should be evaluated to ascertain their ability to
withstand stron seismic ound shaken . g ~ g
No ro ess SE- The Town shall create and im lement a Seismic Im rovement DPW High No progress p gr ~ p P
Pro am. The Pro am shall include conductin a seismic risk t~ g
assessment of existin Town infrastructure, which would help to g
create a list which would rioritize the buildin s and equipment p g
that should be retrofitted. Followin risk assessment, the Town g
should ado t a ro am that would u ade vulnerable facilities P p P~'
based on the riority list P
SE-k The Town shall increase education re ardin u actin of CDD Low No progress No progress g g p~ g
buildin s usin structural and non-structural mite anon measures g g g
- t CDD On oin On oin On oin This otential safet im act is addressed in the environmental review rocess and included in the I; SE 1 The Town shall evaluate the otential im acts related o g g g g g g p y p p P P der Lin the Tnitia
hazardous materials Burin the environmental review rocess Study Checklist. g P
for new develo ments or businesses where the roduction, P P
use stora e trans ort or des osal of hazardous materials is g~ p ~ p
ro osed. The otential im acts should be full mite ated. p P P P Y g
SE-m The Town shall coordinate hazardous materials with other ublic All On oin On oin Ongoing p g g g g
agencies
oise emen
- it nment All On oin Pro ess Pro ess Buildin construction hours in the Munici al Code were modified to address week-end noise prob] N a The Town should enodicall assess the noise env o g g gr gT' g p p Y
ce Town Council u dated and amended the Leaf Blower and Hed e Trimmer Ordinance (Ordinance to identi noise sources that should be re fated to redu p g
fY ~ 'v noise. 518N.S. in 2009 which went into effect February 18, 2010. excessive or offense e )
N-b The Town should contact the a ro riate re lato a encies to Admen/ Ongoing No progress No progress PP p ~ rY g
ensure that the are aware of the Town's olic discouraging CDD Y P Y noise problems.
aircraft fl overs of the Tiburon Plannin Area Y g -dinance
ar s ecrea ion emen
- -Tiburon CDD/ Hi On oin Pro ess Phase 1 stud of recreation needs authorized in 2006 and com feted in 2007. The draft Recreation PR a The Town should work with the Belvedere gh g g gI' Y P
nsider DPW Assessment ublic o inion surve was com feted in the summer of 2010 b Godbe Research Assc Recreation De artment and the City of Belvedere to co P p Y p Y P
need for additional arklands and The S orts Mana ement Grou is currentl com letin the Needs Assessment Summary Repc the lon and short term p P g P Y p g g
= m Develo ment De artment• DPW=De artment o Public Works; Admen=Administration De artment; RDA=Redevelo ment A enc ;All=All Departments CDD Com uni f P p g Y ZJ' P P P
1 11
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 20 0 P P
Recreation Needs,
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activity
s ortin facilities icnic facilities la areas and to develo which will be forwarded to the Town Council in 2011. p g ,P ~p Y ~ p
a master lan for meetin the communit 's recreational P g Y
eels. Plans were re aced for the new Recreation facilit and BTJR offices, ro osed to be constructed c ro ammm and facilities n p p Y p p p g jon structed- n
Ned's Wa in 2010. Town Council review is scheduled for Februar 16, 2011 and, if a roved, y, Y pp
construction is antici ated to be com feted by the end of 2011. P p
ine develo ment a lications for the CDD On oin Pro ess and Pro ess and Public access easements secured in 2006 from Tiburon Peninsula Club and Tiburon Glen developn PR-b The Town shall exam p pp g g gr gr
tion of easements and/or trails that On oin On oin ro~ects. A ublic access easement offer of dedication was secured as art of the Stony Hill Road ~ existence and otential crea g g g g p ~ p P P
inue to allow ublic access to shoreline ro'ect in 2008. The Town a roved Tans for u actin of the Esperanza Street to Mar West Stre connect or cont p p J Pp P P~' g
r i n and o en s ace areas• Town Staff shall monitor in 2009. Work was com feted on these ath im rovements in 2010. rec eat o p p p P P
construction with a view toward the successful creation and/or
maintenance of such easements and/or trails
PR-c The Town should ex lore the need and desirabilit for Admin Hi Pro ess Progress See PR-a ~ ~ P Y
establishin a communit center which would accommodate g Y
recreational and other needs for the entire community
ma
i
J10 b Umm
CDD= Communi Develo went De artment' DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo ment A ency; All=All Departments f P P g tJ' p p p
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 12 p P
Im lementin Lead Current CY2009 CY2010 p g
Pro ram # Pro ram Summar Dept. Priority Status Status Description of Activity g g Y
I. Introduction.
The Town of Tiburon ado ted its General Plan Tiburon 2020, includin its Housin Element, on Se tember 7, 2005. On December 9, 2005, the California Housin & Communit Develo ment De artment (HCD) certified P g g p g Y P p :ertified
' nt ursuant to lif i v rnment Code Section 65585. the Town s Housing Eleme p Ca orn a Go e
California Government Code Section 65400 b 1 re uires the Town's Plannin A enc to make an annual re ort to the le islative bod ,the Office of Plannin & Research, and HCD re ardin the status of and progress in q g g Y p g Y g g g ~r-a~ c i ti
im lementin the General Plan. Further California Government Code Section 65400 b 2 re uires that the Town re aces a se arate re ort detailin the ro ess in meetin its share of the re ~onal housin needs and local q P P p p g p 1~' g In g P g
efforts to remove overnmental constraints to the maintenance, im rovement and develo ment of housin ursuant to California Government Code Section 65583. g p P gP nd local
As a condition of certif in Tiburon's Housin Element on December 9, 2005, HCD re uired that s ecific im lementin ro ams be coin leted b Aril 2006. Over the next several months, the Town prepared the zoning Y g g q p P gp p Y p
text amendments and rezonin s necessar to achieve unconditional certification with Section 65585. On March 31, 2006, the Town Council ado ted the final ordinances im lementin these rograms, and on August 3, 2006, g Y p P g P zoning
the Town received a letter from HCD unconditional/ certif in the Town's Housin Element. The ro rams im lemented b March 31, 2006 included: Y Yg g Pg P Y t 3, 2006,
• Pro am 19A re ardin develo ment at Ke Housin 0 ortunit Sites, includin initiatin the necessar General Plan Amendments, rezonin s, and other im lementin actions to reduce obvious g g P Y g pP Y g g Y g P g
overnmental constraints to the construction of affordable housin at sites identified in Tiburon's Housin Plan 1999-2006 g g g Ivious
• Pro am H-19B re ardin Mixed Use Develo ment Incentives, involvin the re aration and ado tion of a Zonin Ordinance amendment that inco orates incentives to facilitate mixed use development in g g p g p P P g ~
commercial/ -zoned areas in the Downtown, on ro ernes identified in Tiburon's Housin Plan. Y Pp g lent in
• Pro am H-19C re ardin ,an "Affordable Housin Overla Zone" Zonin Desi nation, involvin the creation and ado tion of an affordable housin overla zone that inco orates s ecific sites on which
g g g Y g g g p g Y ~ p residential densities will be increased u to 100% if a s ecified level of affordabilit is achieved. which
p p Y • Pro am H-19D re ardin Densit Bonus Zonin and Other Incentives.
g g Y g
The im lementation of these ro rams, as well as the Town's continued en a ement with the ro ert owners who control virtual/ all of the otential affordable housin sites identified in the Housin Element, is
p Pg gg Pp Y Y P g g contributin to a ositive environment for rovision of housin .
g p p g
II. Pro ress in meetin Regional Housin Need for the current Housing Element Cycle (January 1, 2007 to December 31, 2014).
g g g
A. Town of Tiburon units constructed and lost (11112007-12/3112010)
1. Total number of housing units finaled: 23
2. Total number of housin units under construction as of 12/31/2010: 10 g
3. Total number of units lost: 3 Du lex to SFD and demolition after fire) ( P
B. Coin are units added to regional housing need allocation by income category p
Between Januar 1 2007 and December 31 2010 Tiburon lost a net total of 2 units which were du lexes converted into Sin le-Famil Dwellin s or demolished after fire. The followin table rovides an u date of Y p g Y g g P p
the Town's ro ress in meeting regional housing needs. P g )date of
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelopment A ency; All=All Departments ty p P p P S
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 13 p P
Implementing Lead Current CY2009 CY2010
Program # Program Summary Dept. Priority Status Status Description of Activity
HOUSING PRODUCTION STATUS (January 1, 2007-December 31, 2010)
(TIBURON HOUSING ELEMENT AREA)
Income Level ABAG Need Built Remaining Need
2007-2014 to date*
Very Low 36 0 36
Low 21 0 Z1
Moderate 27 0 27
Above Moderate 33 3 30
TOTAL 117 0 114
* Includes only newly-created units; not tear-down replacements
CDD= Community Development Department; DPW=Department of Public Works; Admin=Administration Department, RDA=Redevelopment Agency; All=Al! Departments
Tiburon 2020 Annual General Plan Implementation Status Report Calendaz Year 2010 l4
Im lementin Lead Current CY2009 CY2010 p g
Pro ram # Pro ram Summar De t. Priori Status Status Description of Activity g g Y P tY
ousln emen
H-lA Commit Town Resources. Marshal and commit Town- Admin/ Hi h On oin On oin Town resources in place.
g g g g g controlled resources toward the desi , a royal, financin ,and CDD
~ pP g construction of affordable housing ro'ects on those sites
PJ identified in Tiburon's Housing Plan 1999-2006 (Table 9.9-1)
' s CDD Low On oin On oin In 2007 Town Staff artici ated in ublic worksho sand resentations s onsored b the W~ H-1B Im rove Community Awareness of Housing Need , g g g g p P p p P P Y d by the Workforce
P r vi r with other Housin Committee of the Tiburon Peninsula Chamber of Commerce, aimed at ublic outre; Issues and Pro rams. P o de or collabo ate g P ublic outreach and
g M n Housin education on affordable workforce housin issues. Staff also artici ated in a round table a encies e.., Count of arin, Mann Cou ty g g p P znd tabl
g (g Y Rotar Chamber of Commerce Ecumenical discussion b the Marin Consortium for Workforce Housing. Authority, y, Y
Association for Housing, Housing Council) to prepare
resentations and distribute informational materials to
P im rove awareness of housing needs, issues and programs,
P and ensure communit artici ation. Distribute materials to
Yp P nei hborhood ou s, homeowner associations, religious
g p institutions businesses, and other interested ou s (Rotary, P
Chamber of Commerce, etc.) in the Tiburon area. strict fees reduced
fling units.
' A sistance from ther A encies. Town CDD On oin Pro ess Pro ess Staff worked in collaboration with other cities in Marin Count to have special district fees r H-1C Foster Meaningful s 0 g g g gT' gr' Y
meet and work wi h ther ublic a encies or waived for secondar dwellin units; MMWD reduced fees for secondary dwelling units. staff will roactively t o p g Y g P
ands ecial districts water, fire, schools, sanitar districts, etc.) ( Y p
le housin throw the rovision of fee to romote affordab g gh p p
waivers fee reductions, or other assistance for affordable
housin rojects gP
v 1 meat A enc . In addition to ex endin Housin Admin/ Hi No ro ess No ro ess Pro osed for deletion in current Housing Element update. H-2 Rede e o gh p p p P g Y P g g
Set Aside Funds for meritorious affordable housin projects, RDA g
as set forth in A endix A, the Town will lace some or all Pp P
of the new ro ert tax mar in that will accrue to the Town P p Y g
once the Redevelo merit Pro'ect Area sunsets into a P J
desi ated fund for affordable housing.
H-3 A 1 for Funds. A 1 for affordable housin funds enerated CDDI On oin No progress No progress ppY PpY g g g g
b Pro osition 46 includin ,but not limited to, the Multifamil Admin Y P g Y
Housin Pro ram, the CalHome Pro ram, and the Homebuyer's g g g
Down a ent Assistance Pro am, and other a encies including P Ym g
the Marin communit Foundation b end of 2005. Commit Y Y
these funds to one or more projects listed in Table 9.9-1:
CDD= Communi Develo merit De artment~ DPW=De artment o Public Works; Admin=Administration De ar~tment; RDA=Redevelo merit A enc ;All=All Departments tJ' p p p P P g Y
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 15 P P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summary De t. Priority Status Status Descri tion of Activi
Tiburon's Housing Plan 1999-2006
H-4 Work with Housin Advocates. Coordinate with local Admin/ Low On oing Ongoin See H-1B g g g
businesses, housing advocacy grou s, Rotar Clubs, and the CDD P Y
Chamber of Commerce and partici ate in the Mann P
Consortium for Workforce Housin in building public g
understandin and su port for workforce, s ecial needs and g p p
affordable housing.
H-5 Fund Coun Housin Position. Jointl fund an Affordable Admin/ Low No ro ess No ro ess Position funded b Count of Marin. Strate is action lan not implemented. Consider for c tY g Y P~' p~' Y Y g P insider for deletion
Housin Strate ist osition within Marin Count to rovide all CDD in current Housin Element u date. g g p Y p g P
artici atin local a encies with technical assistance to facilitate p P g g
a royal and construction of affordable housin ro'ects. This Pp g P J
ma include ado tion by the Count ide Planning Agency of a Y p Yw
Strate 'c Action Plan for Housing in Marin that will be
considered for ado tion with each 'urisdiction's Housin p J g
Element. The Strate is Action Plan should be coordinated b the g Y
Marin Count Affordable Housing Strate 'st who would also Y ~
assist artici atin cities and towns P P g
H-6 Staff Trainin . Hold a trainin session for Town em to ees CDD/ Low Pro ess On oin Session held for Plannin Division with eriodic re eat trainin due to ersonnel Chan es. ~ g g P Y g g g P P g P g changes. On-
re ardin the recei t, documentation, and ro er referral of Legal oin . g g P p p g g
housin discrimination complaints g
H-7 Provision of Affordable Housin for S ecial Needs CDD Hi h NA NA Inclusionar Housin ordinance amended in Ma 2006 to re uire 10% of units to meet then g P g Y g Y q meet these special
Households. The Town will facilitate ro ams and rojects housing needs. P P
which meet federal, state and local re uirements to provide q
accessibilit for seniors, persons with disabilities, large Y
families, and sin le- erson and sin le arent households. g p g P
S ecific t es of housing include: P YP
a. Smaller, affordable residential units, es eciall for P Y
lower income single- erson and sin le arent P g P
households.
b. Affordable senior housin to meet the bur Bonin g g g
needs of an a in o ulation, includin assisted g g Pp g
housin and board and care (licensed facilities). g
c. Affordable units with three or more bedrooms for
lar e famil households. g Y
d. Affordable housing that is built for, or can easily and
inex ensively be adapted for, use b eo le with P Yp P
disabilities s ecific standards are established in (P
California Title 24 Accessibilit Re lations for new Y ~
and rehabilitation projects, au ented by Americans 1~
with Disabilities Act guidelines).
CDD= Communi Develo went Department; DPW=De artment of Public Works; Admin=Administration Department; RDA=Redevelopment Agency; All=All Departments tJ' P P
Tiburon 2020 Annual General Plan Implementation Status Report Calendar Year 2010 16
lm lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri lion of Activity Y
H-8A Emer enc Housin Assistance. Partici ate and allocate Admin On oin On oin On oin In 2008, the Town donated $8,850 to Homeward Bound of Marin to support The Next Key g Y g P g g g g g g
funds as a ro riate for Count and non- rofit ro ams 'ob trainin ro am and new affordable housin develo ment that will rovide 32 homes f pP p ~ Y p P J g P g p P
rovidin emer enc shelter and related counselin services. homeless adults and families in Hamilton Field, Novato. p g g Y g
Tar et: On oin ; Respond to Count re uests for g g g Y q
assistance
H-8B Modif Existin and Ado t New Zonin Provisions for CDD Hi h Pro ess Com leted Zonin Ordinance u date ado led by Town Council on March 17, 2010. Y g P g g p g P p 1
Emergency Shelters, Transitional and Disabled Housing, and
Grou Homes for More than 6 Persons. Define "emergency p
shelters" and "transitional housin facilities" in the Zonin g g
Ordinance. Consistent with SB520 and the Fair Housing Act,
ado tan Ordinance relating to requests for reasonable P 1
accommodation within the Town's land use re ulations. g
Establish rovisions for group homes with more than 6 persons p
within multi-famil residential and commercial zones through a Y
Conditional Use Permit process
H-9 Develo and Ado tan Em to ee Housin Assistance Polic Admin On oin On oin On oin In 2007, this fund was used to assist with the urchase of local housin for the Town Mana p P P Y g Y g g g g g g P g I
and Pro ram ~ Town continues to make the six units of BMR housin that it owns available to its employe g g
Currentl ,two em to ees rent such units. Y p Y
H-l0A Rehabilitation Loan Pro rams. Continue to su ort CDD Ongoing Ongoing Ongoing g PP
rehabilitation loan subsid ro ams. In coo eration with the Y P p
Marin Count Housin Authorit MCHA ,the Town shall Y g Y( )
im rove citizen awareness of rehabilitation loan subsid p Y
programs.
Tar et: Residential Rehabilitation Loan Program g
MCHA) - 3 low -income units rehabilitated by 2006 (
H-lOB Ac uisition of Rental Housin .Work with non- rofit s onsors CDD Ongoing Ongoing Ongoing q g P p
seekin to ac wire and rehabilitate rental housin units in order g q g
to maintain on oin affordability of the units. This will include, g g
but not be limited to: (1) support necessar to obtain funding Y
commitments from overnmental ro ams and non- g p
overnmental ants; (2) assistance in ermit processing, (3) g g' p
waiver or subsid of fees; and (4) use of local funds if available Y
own Manager. The
H-11 Condominium Conversions. Preserve rental housin b CDD On oin On oin On oin No multi-famil units allowed to be converted to condominiums in at least the past 10 year g Y g g g g g g Y is employees.
enforcement of Polic H-11 and the Town's condominium Y
conversion ordinance
CDD= Communi Develo ment De artment; DPW=De artment of Public Works; Admin=Administration Department; RDA=Redevelopment Agency; All=All Departments P P P
Tiburon 2020 Annual General Plan Implementation Status Re ort Calendar Year 2010 17 p
Im lementin Lead Current CY2009 CY2010 P g
Pro ram Summar De t. Priori Status Status Descri tion of Active Pro ram # y .
« ~ On oin Twelve 12 at-risk units were identified at Braille House in 2009; with subsidies schedules A Risk Units. Idenhf assisted ro erties at nsk of CDD On oin On oin g g ( ) Y H-12 Protect t y p p g g g g S scheduled to
ex ire on 12/22/10. The Town has been informed that the Marin Housing Authority, the prc conversion to market rates and work with the property owners p city, the property
owner secured an extension of the affordabilit of these units in 2010 and the are no longe and/or other arties to ensure that the are conserved as art of , Y Y p Y P re no longer
' housin stock. No affordable housin considered at-risk. the count s affordable g g Y
units are current/ at risk of conversion in Tiburon Y
• o ted b Town Council on March 17 2010. - h zonm CDD Hi Pro ess Com leted Zonm Ordinance U date ad p y , H 13 Modi Zonm m Old T~huron . Mode t e gh t~ P g P fY g fY g
standards that a 1 to two-fame/ dwellin sin "Old Tiburon'' to PP Y Y g
limit conversion of existin two-fame/ and multi-family g Y
dwellin s into sin le-fame/ units or buildin s with fewer units g g Y g
than current/ le all exist. Ado t rovisions to enable two- Y g Y pp
fame/ and multi-fame/ dwellin s to be rebuilt in the event of Y Y g
lama e or destruction b fire, earth uake, or similar disaster g Y q
nsi Bonus Provisions for Reconstruction. Continue CDD On oin On oin Ongoing H-14 De ty g g g g
a lication of Zonin Ordinance section 6.06.00 c) that pP g
allows reconstruction to the same density.
ntal Housin Assistance. Encoura e federal state and local CDDI On oin On oin Ongoing H-15 Re g g g g g g
rental housin ro ams. Work with the Marin Count Housin Admin g p t~ Y g
Authorit to im lement the Section 8, Protect Inde endence Y p J P
rental assistance ro ams, Marin Renters Rebate ro am, and P P
any similar programs
rk with the Marin Housin Authori . Continue to work Admin/ On oin On oin Ongoing H-16A Wo g ty g g g g
successful/ with the Marin Housin Authorit MHA) for CDD g Y~ Y
mana ement of the affordable housin stock in order to ensure g g
ermanent affordabilit im lement resale and rental re lations P Y> p ~
for below-market rate units, and assure that these units remain at
an affordable rice level p
edition. This
_ n oin On oin On oin The Town has identified relative/ few housin units in severe/ substandard condition. Th H 16B Link Code Enforcement with Public Information Pro rams. CDD O g g g g g g Y g Y g ieclining or
ro am could be im roved b handout materials Burin buildin ins ection on declining o~ Im lement housin buildin and fire code enforcement to P gr' p Y g g P P g~ g
with basic health and safet buildin substandard units. ensure compliance y g
standards and rovide information about rehabilitation loan p
ro ams for use b ualif in ro ert owners who are cited. p~' Yq YgPP Y
Contact owners of structures that a ear to be in declining or PP
substandard condition offer ins ection services, and advertise p
and romote ro ams that will assist in fundin needed work p P g
= rt PW=De artment o Public Works •Admin=Administration De artment; RDA=Redevelo ment A ens ;All=All Departments CDD Commune Develo ment De a meat, D f ~ p P g Y tJ' p P P
2 20 Annual General Plan Im lementation Status Re ort Calendar Year 2010 18 Tiburon 0 p p
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
H-17 Publicize Ener Conservation and Tenant Assistance CDD On oin On oin On oin Town Council ado ted a olic waivin buildin ermit fees for solar energy systems that r gY g g g g g g p P Y g gP items that meet
Pro rams. Provide ublic information on alternative ener sim le Town idelines. The Town a roved 27 solar ener y system applications in 2007, g p gY p ~ PP g is in 200 . 3
technolo ies for residential develo ers contractors and ro ert a lications in 2008, 22 a lications in 2009 and 24 a lications in 2010. g P~ p P Y Pp Pp pP
owners. Publicize available services for tenants and refer tenants
to Marin Mediation Services if roblems exist. Publicize tenant P
assistance and ener conservation ro ams and weatherization gY P
services that are available to provide subsidized or at cost
ins ection and corrective action p
H-18 Modif Zonin .Modif Zonin Ordinance Section 6.07.00 to CDD Hi NA NA Ordinance No. 493 N.S. effective Ma 2006 included this rovision. ~ Y p Y g Y g
re uire in- e etuit affordabilit ofbelow-market rate units q P~ Y Y
rather than sim 1 lon -term affordabilit ) ( PY g Y
H-19A Facilitate Develo ment at Ke Housin 0 ortuni CDD Hi h NA NA Ordinance Nos. 491 N.S. March 2006 and 493 N.S. Ma 2006) created the overlay zones ( ) ( Y P Y g AP tY g
Sites. Initiate the necessa General Plan Amendments develo ment incentives necessar to im lement this rogram and reduce government constr ry ~ p Y p P
rezonin s and other im lementin actions to reduce obvious the sites shown in Table 9.9-1. To date, no affordable housin units have been ap lied for c g~ P g g P
overnmental constraints to the construction of affordable on these properties. g
housin at sites identified in Tiburon's Housin Plan 1999- g g RAI 7nnP,. an
2006 Table 9.9-1 . ( ) i
H-19B Mixed Use Develo meat Incentives. In order to romote CDD Hi est NA NA Ordinance Nos. 491 N.S. March 2006 and 493 N.S. Ma 2006) created the overlay zones ( ) ( Y P P
well-desi ed affordable mixed-use residential/non- develo ment incentives necessar to im lement this ro am and reduce government constr gn P Y P P~' Y~
residential ro'ects in commercial zones re are and ado t a the sites shown in Table 9.9-1. PJ ,pP P 2
in units hav been a lied for or built on these ro ernes. Zonin Ordinance amendment that inco orates some or all To date, no affordable hous g e pp p p g ~
of the followin incentives to facilitate mixed use g
develo ment in commercially-zoned areas in the Downtown, P
on ro ernes identified in Table 9.9-1: PP
a. An increased maximum height
limit or hei t limit bonuses so
that second and third stories could
be ermitted on buildin s with P g
commercial use at ound level
and housin above; g
b. Flexible develo ment standards p
(e.., FAR, lot covera e) based on g g
the location, t e, and size of the YP
units and the desi of the
develo ment; p
c. An additive residential component
of a mixed use develo ment with a p
densit ran e of 12.9 to 15.3 units Y g
per acre (a yield of 17.4 to 20.7
units er acre after the award of a P
densit bonus), with FAR limits Y erlay zones and
rnent constraints on
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo went A ency; All=All Departments f P P g tY P P P
erties.
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 19 p P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi
a lyin onl to the commercial pP g Y
portion of the mixed use project;
d. Flexible arkin standards based p g
on the develo ment's location and P
the t e and size of the housing Yp
units, such as efficiency
a artments and senior housing P
units.
e. Shared arkin for commercial p g
and residential uses, resulting in a
lower overall arkin requirement. P g
f. Subsidization of hook-u fees or P
other fees char ed by special g
districts.
Eliminate the re uirement for the ro osed residential q p p
com onent of a mixed use develo ment to receive a P p
nditional use ermit co p
H-1 n "Affordable Housin Overla Zone" Zonin CDD Hi hest NA NA Ordinance Nos. 491 N.S. March 2006 and 493 N.S. Ma 2006) created the overlay zones 9C Develo a ( ) ( Y p g Y g g erlay zones and
Desi nation. Create and ado tan affordable housin overla develo ment incentives necessar to im lement this ro am and reduce government const~ g p g Y P Y p p~ ment constraints on
zone that inco orates s ecific sites on which residential the sites shown in Table 9.9-1. ~ P
densities will be increased u to 100% if a s ecified level of P p
affordabilit is achieved. This zone shall be a plied to Y P
between three- uarters-to-one acre (de endin on site factors q P g
such as access, slo e, and roximit to urban infrastructure) p p Y
of the sites listed in Table 9.9-1: Tiburon's Housing Plan
1999-2006 that are in residential areas: Reed School,
Oloumi and Pan Pacific Ocean. S ecific considerations in P
develo in the overla zone include: Pg Y
a. To uali for the benefits of the overlay zone, q
ro owls should be re uired to include a minimum of 20 p P q
ercent ve low, 20 percent low and 20 percent P rY
moderate income housin units. Above moderate g
income market rate units should not exceed 40 ercent of P
the total number of units with moderate income rental
units countin as market rate units. g
b. Affordable ownershi and rental units shall be deed- P
restricted fora eriod of not less than 55 ears (in p Y
e etuit if feasible to ensure affordable resale and Y ) P~
rents.
c. Permit b -ri tmulti-family residential development. Y
d. Waive some or all local fees.
e. Tar eta ercenta e of units for s ecial needs g P g p
populations
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo meat A enc ;All=All Departments f P P g Y tY P P P
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 20 P P
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summa De t. Priority Status Status Descri tion of Activi
H-19D Densi Bonus Zonin and Other Incentives. In order to CDD Hi NA NA Ordinance No. 493 N.S. Ma 2006) fulfilled this ro am. ( Y p t3' g
create incentives for ro'ects with hi ercenta es of ver p J ~p g Y
low and low income units, amend the Zonin Ordinance to g
include use of density bonuses, flexible development
standards, fast-track review and other mechanisms, including
the following:
a. State Densit Bonus Law. Offer a density bonus Y
consistent with current State Law.
b. Flexibilit in Develo ment Standards: Provide Y P
flexibilit in a 1 in develo ment standards (e.g. Y PP Y g P
arkin ,setback, hei t standards , subject to the ~ ) J . P g
t e of housin , size and unit mix, location and Yp g
overall desi . Hi her densities ma be a ropriate i~ g Y pP
where units are si ificantl smaller and would have ~ Y
fewer im acts than the market norm. p
c. Facilitatin Affordable Housin Develo ment Review. g g p
Affordable housin develo ments shall receive the g p
hi est riorit and efforts will be made b staff and ~ P Y Y
decision-makers to: (1) Provide technical assistance to
otential affordable housin develo ers in rocessing P g p p
re uirements, including communit involvement; (2) q Y
consider ro'ect funding and timin needs in the pJ g
rocessin and review of the a lication; and (3) rovide p g pP P
the fastest turnaround time ossible in determining P
a lication completeness pP
H-19E Unincor orated Sites in Housin Element Area. CDD Low No ro ess No ro ess Both sites were re-zoned with affordable housin overla zones in 2006. Annexation not it p g Pik p~' P g Y .ation not initiated
Facilitate develo ment at sites identified in the Tiburon's b Town followin ne ative feedback from Marin LAFCO. P Y g g
Housin Plan 1999-2006 (Table 9.9-1 that are within the g
Tiburon Housin Element Area but are current) subject g Y
to the 'urisdiction of Marin Count . Initiate rezoning J Y P
and annexation roceedings for these sites with Marin P
LAFCO.
Tar et: Initiate rezonin and annexation in 2005; a royal of g P g pP
19 below market rate and 16 above moderate income units by
end of 2006
H-19F Architectural Desi n in Affordable/Market Rate Pro'ects. CDD On oin NA NA Ordinance 493 N.S. Ma 2006) codified this ro am (Section 16-2.8.53(b) of the Municip~ g g ( Y P g J ie Municipal Code.
Allow affordable units within a market rate development to vary
in desi from market rate units so lon as the roject is ~ g P
architectural) harmonious. Attached units, smaller units and Y
other desi variations from market rate units are ermitted by ~ P
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo mentA ency; All=All Departments f P P g tY P P P
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 21 p p
Im lementin Lead Current CY2009 CY2010 P g
Pro ram # Pro ram Summar De t. Priority Status Status Descri tion of Activi
the Town to reduce costs of providin affordable units and to act g
as an incentive for their construction
H-20A Amend Secondar Dwellin Unit Ordinance. Pre are and CDD Hi est NA NA Ordinance ado ted in 2003. g ~ P Y p
ado t amendments to the Secondar Dwellin Unit Ordinance p Y g
that eliminate there uirement for a Use Permit and establish a q
ministerial rocess for review and a royal of secondary p Pp
dwellin unit a lications g PP
H-20B Provide Information to Homeowners. Provide an CDD Low No progress No progress
informational ide to homeowners ex lainin the benefits, ~ p g
"best ractices" and rocedures for addin or le alizin a P P g g g
secondar dwelling unit Y
H-21 Focus Market Rate Develo ment. Focus develo ment of CDD Ongoing Ongoing Ongoing A p
market rate units on vacant legal lots inca able of further p
subdivision and on undeveloped parcels that are too hysically p
and/or non- overnmentally constrained to su ort affordable g PP
housing projects
H-22 Stren then Existin Inclusionar Housin Re ulations. CDD Hi NA NA Ordinance No. 493 N.S. (May 2006) enacted these rovisions. ~ P g g Y g g
Amend current Zonin Ordinance re uirements to include g q
smaller residential ro'ects and increase the ercentage of pJ p
affordable units re uired in each ro'ect. Guidelines for q PJ
amendin the Zonin Ordinance include: g g
a. A 1 an in-lieu fee for residential ro~ects involving pP Y P J
2 to 6 units (currently applies only to projects of 2-9
units)
b. All residential rojects of 7 to 12 units to rovide p p
new units at a rate of 15 ercent affordable (currently p
10% for ro'ects of 10 units or more). pJ
c. All residential ro'ects of 12 or more units to rovide PJ p
new units at a rate of at least 20 ercent affordable P
currentl 10% for projects of 10 units or more). ( y
d. At least 10% of units desi ed for s ecial needs ~ p
households 5% of which must be for handica ed PP
users current ratio is 5%) (
H-23 JobslHousin Fee. Adopt aJobs/Housing Linkage Fee CDD Low No progress No progress g
Ordinance that includes the followin or similar exaction g
requirements:
a. Exaction re uirements for dwellin units and/or in- q g
lieu fees should be set accordin to em irically based g P
evidence and must comply with all other legal tests.
CDD= Communi Develo ment De artment; DPW=De artment o Public Works; Admin=Administration De artment; RDA=Redevelo meet A enc ;All=All Departments p P f P P 8 Y tY P
Tiburon 2020 Annual General Plan Implementation Status Re ort Calendar Year 2010 22 P
Im lementin Lead Current CY2009 CY2010 A g
Pro ram # Pro ram Summar De t. Priori Status Status Descri tion of Activi Y
b. The inclusion of affordable housin units within g
develo ments of hotels, offices, or other commercial p
buildin s if feasible (o bons ma include housing on- g p Y
site, off site, subsidizing mortga es or rents, or paying an g
in-lieu fee for housin roduction), or gp
c. Pa ent into a Housin Trust Fund of in-lieu fees Ym g
based on a dollar amount er s uare foot of office, p q
commercial, and industrial buildin development. g
d. In-lieu fees would be waived in ro'ects containing PJ
si ificant affordable housing com onents. ~ p
CDD= Communi Develo ment De artment DPW=De artment o Public WoYks; Admin=Administration De artment; RDA=Redevelo went A enc ;All=All Departments .f P P g Y tJ' P P P
Tiburon 2020 Annual General Plan Im lementation Status Re ort Calendar Year 2010 23 P P
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed B :
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
March 2, 2011
Agenda Item:
Consider Revisions to the Town's Solar Collector Panels Policy
The Town Council last revised its solar collector panel policy in February 2005. The stated
purpose of the policy is "to support the State of California in encouraging the use of solar
collector panels while also encouraging design which will help to protect and maintain the
valued aesthetic qualities which make Tiburon unique". The policy sets forth voluntary
guidelines for the installation of solar collector panels, and offers the incentive of significantly
reduced building permit fees for those applicants who adhere to those guidelines.
The Town was recently contacted by an environmental organization that expressed concern over
the potential cost of building permits for solar panel systems on commercial buildings that did
not meet the Town's voluntary guidelines for installation, and therefore did not qualify for the
fee reductions set forth in the Town's policy. The fee differential can be quite substantial. This
issue was raised at the Town Council/Staff Retreat on February 8 and the Council directed staff
to place the issue on a future agenda.
ANALYSIS
Since adoption of the current policy in 2005, the Town has issued building permits for 146 solar
panel systems, for an average of 24 systems per year. In 2010, exactly 24 solar panel building
permits were issued. The policy appears to be both popular and effective.
The primary factor in the current policy that inhibits compliance with the Town's guidelines for
flat-roofed buildings is the requirement for essentially flush-mounted roof panels, i.e., panels that
do not extend more than 8 inches above the roof surface. Many commercial buildings in Tiburon
are flat-roofed or nearly flat-roofed buildings. For purposes of the policy, "flat-roofed" is
defined as having less than or equal to a 2 in 12 roof slope. The 8-inch height limit is a major
deterrent to Town guideline compliance on flat-roofed buildings since it provides a low angle to
the sun for solar energy collection and greatly reduces the solar energy system's efficiency and
power generation capability.
One possible approach that Staff sees as having minimal consequences is that the height limit
above the roof surface on flat-roofed commercial buildings be increased to 18 inches, or an
J1 N"fectArl"c"
ch '.1011
increase of 10 inches over what the policy currently allows. Ten inches is rather short and the
visual impacts of the increase would be quite limited. Furthermore, since many flat-roofed
commercial buildings in Tiburon have a 2 to 3 foot tall parapet wall extending around the roof,
the additional visibility of any slightly taller solar panels would be further minimized. Any
existing roof parapet would need to be retained or replaced as part of the solar panel project.
This requirement will reduce the visibility of the support structures and other mechanical
components generally less aesthetically pleasing than the solar panels themselves.
Staff does not support extending the height limit to flat-roofed residential buildings for aesthetic
and safety reasons. Residential structures generally do not have parapet roofs and are more
likely to suffer wind-load-related problems from solar panels that extend higher from the roof
surface.
Staff does not anticipate that the policy revisions will dramatically increase the number of
Tiburon commercial building owners who choose to install solar collector panels, but the
revision somewhat levels the playing field for flat-roofed commercial buildings with respect to
the solar panel incentives provided by the Town.
RECOMMENDATION
Staff recommends that the Town Council adopt the resolution amending its Solar Collector Panel
policy.
EXHIBIT
1. Draft Resolution with revised policy attached.
2. Current Policy
Prepared by: Scott Anderson, Director of Community Development
S: UdministrationlTown CouncillStaff Reports1201 ]Warch 2 draftslSolar Panel policy report.doc
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ADOPTING AN AMENDED
POLICY FOR SOLAR COLLECTOR PANELS
WHEREAS, on September 15, 2004, the Town Council adopted the Town of
Tiburon Policy for Solar Collector Panels, which waived building permit fees, provided
design guidelines for the installation of solar collector panels, and defined the design
review procedure for solar panels; and
WHEREAS, on February 2, 2005, the Town Council adopted Resolution No. 05-
2005 amending said policy; and
WHEREAS, it is the intent of the California Government Code, Section
65850.5(a), that local agencies do not adopt ordinances which create unreasonable
barriers to the installation of solar energy systems, including design review; and
WHEREAS, the Town of Tiburon supports energy efficiency and seeks to provide
incentives for property owners who wish to utilize solar power to reduce the demand on
non-renewable energy sources; and
WHEREAS, the Town has subsequently become aware of provisions of the
policy that inhibit the ability of owners of flat-roofed commercial buildings from qualifying
for the incentives contained in the Town's policy; and
WHEREAS, the Town of Tiburon., while encouraging the use of solar energy,
strongly desires to maintain the aesthetic qualities of the built environment that make
Tiburon special and unique.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby rescinds
Resolution 05-2005; and
BE IT FURTHER RESOLVED that the Town Council hereby adopts an amended
Policy for Solar Collector Panels set forth in attached Exhibit "A", which waives building
permit fees for roof-mounted solar collector panels that meet certain criteria and
provides voluntary design guidelines for the installation of solar collector panels.
17 c7FT "Tr" J\T _`y .
Tiburon Town Council Resolution No. XX-2011 442011 Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
Tiburon Town Council Resolution No. XX-2011 --/--/2011 Page 2 of 2
is e ct.
1
n
TOWN OF TIBURON
POLICY FOR SOLAR COLLECTOR PANELS
(Town Council Resolution 05-2005, adopted February 2, 2005, as revised b_y Town Council
Resolution XX-2011, adopted -4-42011))
PT1RPORF
To support the State of California in encouraging the use of solar collector panels while also
encouraging design which will help to protect and maintain the valued aesthetic qualities which
make Tiburon unique.
PERMIT FEES WAIVED FOR QUALIFYINGFLUROOF-MOUNTED ROOF SOLAR
COLLECTOR PANELS
The Town of Tiburon will waive the building permit fees' associated with the installation of
rooffttpd,#-mounted roof solar panels that meet the Guidelines below.
"rSKI! 1 GUIDELINES
The Town of Tiburon encourages all property owners to voluntarily comply with the guidelines
below.
General
1. Solar panels and accessory equipment should be integrated into the design of the building
wherever possible.
2. Solar panels should be placed on roofs and in locations that are the least visible from public
streets, public facilities, and neighboring properties. Accessory equipment located on the ground
should be screened from off-site view through careful placement and/or the use of landscaping or
fencing.
Roof-Mounted Panels All Residential Buildings and All Commercial Buildings with greater
than 2 in 12 pitch sloped roofs)
3. Roof-mounted solar collectors should match the roof pitch and be placed in close proximity to the
surface of the roof below them. To qualify for the building permit fee waiver, the panels must be
installed at the same angle as the roof and the top of the solar panel shall not be more than eight
(8) inches higher than the surface of the roof below it.
Roof-Mounted Panels (All Commercial Buildings with roof pitches equal to or less than 2 in 12)
4. The 17ig),hest point of the solar panel assembly shall not extend more than 18 inches above the
surrounding roof surface. An existing roof Parapet shall be retained or replaced.
Ground-Mounted
4:5. Ground-mounted solar collectors and accessory equipment should be screened from off-site
view through careful placement and/or the use of landscaping or fencing.
' Building permit fees shall not include the Business License Fee and the California Seismic Tax, both of which will be
collected.
Draft revised Solar Pane) Guidelines 3 2 2011
TOWN OF TIBUR C
ON
POLICY FOR SOLAR COLLECTOR PANELS
(Town Council Resolution 05-2005, adopted February 2, 2005, as revised by Town Council
Resolution XX-2011, adopted -4-42011))
PURPOSE
To support the State of California in encouraging the use of solar collector panels while also
encouraging design which will help to protect and maintain the valued aesthetic qualities which
make Tiburon unique.
PERMIT FEES WAIVED FOR QUALIFYING ROOF-MOUNTED SOLAR COLLECTOR
PANELS
The Town of Tiburon will waive the building permit fees' associated with the installation of
roof-mounted solar panels that meet the Guidelines below.
GUIDELINES
The Town of Tiburon encourages all property owners to voluntarily comply with the guidelines
below.
General
1. Solar panels and accessory equipment should be integrated into the design of the building
wherever possible.
2. Solar panels should be placed on roofs and in locations that are the least visible from public
streets, public facilities, and neighboring properties. Accessory equipment located on the ground
should be screened from off-site view through careful placement and/or the use of landscaping or
fencing.
Roof-Mounted Panels (All Residential Buildings and All Commercial Buildings with greater
than 2 in 12 pitch sloped roofs)
3. Roof-mounted solar collectors should match the roof pitch and be placed in close proximity to the
surface of the roof below them. To qualify for the building permit fee waiver, the panels must be
installed at the same angle as the roof and the top of the solar panel shall not be more than eight
(8) inches higher than the surface of the roof below it.
Roof-Mounted Panels (All Commercial Buildings with roof pitches equal to or less than 2 in 12)
4. The highest point of the solar panel assembly shall not extend more than 18 inches above the
surrounding roof surface. Any existing roof parapet shall be retained or replaced.
Ground-Mounted
5. Ground-mounted solar collectors and accessory equipment should be screened from off-site
view through careful placement and/or the use of landscaping or fencing.
Building permit fees shall not include the Business License Fee and the California Seismic Tax, both of which will be
collected.
Draft revised Solar Panel Guidelines 3/2/2011
h
TOWN OF TIBURON i `
POLICY FOR SOLAR COLLECTOR PANELS
(Town Council Resolution 05-2005, adopted February 2, 2005)
PURPOSE
To support the State of California in encouraging the use of solar collector panels
while also encouraging design which will help to protect and maintain the valued
aesthetic qualities which make Tiburon unique.
PERMIT FEES WAIVED FOR FLUSH -MOUNTED ROOF SOLAR
COLLECTOR PANELS
The Town of Tiburon will waive the building permit fees' associated with the
installation of flush-mounted roof solar panels that meet the Guidelines below.
DESIGN GUIDELINES
The Town of Tiburon encourages all property owners to voluntarily comply with
the guidelines below.
General
1. Solar panels and accessory equipment should be integrated into the design of the
building wherever possible.
2. Solar panels should be placed on roofs and in locations that are the least visible from
public streets, public facilities, and neighboring properties. Accessory equipment
located on the ground should be screened from off-site view through careful
placement and/or the use of landscaping or fencing.
Roof-Mounted
3. Roof-mounted solar collectors should match the roof pitch and be placed in close
proximity to the surface of the roof below them. To qualify for the building permit
waiver, the panels must be installed at the same angle as the roof and the top of the
solar panel shall not be more than eight (8) inches higher than the surface of the roof
below it.
Ground-Mounted
4. Ground-mounted solar collectors and accessory equipment should be screened from
off-site view through careful placement and/or the use of landscaping or fencing.
' Building permit fees shall not include the Business License Fee and the California Seismic Tax, both of
which will be collected.
\ \ 10.0.0.4\ shared\ Administration\ Town Council\ Resolutions\ 2005\ Solar Panel Guidelines
Amended Jan 05.doc
NO.
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
March 2, 2011
Agenda Item: r
Subject: Consider reappointment of Board and Commission members whose terms
expj,ed at the end of February, 2011
Reviewed By:
BACKGROUND & ANALYSIS
At the first Council meeting of the year, Mayor Slavitz announced the pending vacancies on
Town boards, commissions and committees in the coming year pursuant to Town Council
Resolution No. 16-2007 (Appointments Procedure). A notice was published in the Ark
newspaper and posted at Town Hall and the Belvedere-Tiburon Library for the purpose of
informing the public of these vacancies and to seek applicants to fill the positions.
Board and commission members whose terms were set to expire at the end of February were
notified by the Town Clerk of their term expirations and asked whether they would be interested
in seeking reappointment. (The same notification process will be followed with regard to the
board and commission members whose terms expire in June, 2011--Library Agency board
member Mark Falk, and Marin Commission on Aging representative Allan Bortel.)
It should be noted that while due consideration is given to incumbent commissioners, the Council
is required to interview all new applicants, pursuant to Resolution No. 16-2007. An exception to
this rule is for commissioners who have served terms of less than two years in duration; the
Council is not required to interview new applicants for these pending vacancies if the incumbent
seeks reappointment to the position.
The following board and commission terms expired at the end of February, 2011:
• Planning Commission - Erin Tollini*;
• Design Review Board - Linda Emberson* and John Kricensky;
• Parks, Open Space & Trails (POST) - Peter Winkler;
• Heritage & Arts Commission - Marlene Halden Rice and Ric Postle*;
• Jt. Recreation Committee - Jane Jacobs and Jerry Riessen.
All of the above board members and commissioners have notified the Town Clerk of their interest
in being reappointed to their respective boards and commissions. As of the date of this report,
there have been no new applicants for any of the positions listed.
*Eligible for automatic reappointment
R . #
21. 2011.1
RECOMMENDATION
Staff recommends that the Town Council:
Consider reappointment of the board and commission members whose terms expired at the end of
February 2011.
Exhibits: 1) Notice of Pending Vacancies on Town Boards, Commissions & Committees as of January 2011
2) Letters from Board and Commission members seeking reappointment
Prepared By: Diane Crane Iacopi, Town Clerk
NOTICE OF PENDING VACANCIES
ON
TOWN BOARDS, COMMISSIONS & COMMITTEES
January 2011
PLANNING COMMISSION
DESIGN REVIEW BOARD
HERITAGE & ARTS COMMISSION
PARKS, OPEN SPACE & TRAILS COMMISSION
BELVEDERE-TIBURON JOINT RECREATION COMMITTEE
LIBRARY AGENCY BOARD OF DIRECTORS
MARIN COMMISSION ON AGING
The following vacancies on Town Boards, Commissions and Committees are pending in 2011.
Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of
interested applicants beginning in February 2011.
Current commissioners whose tenns are expiring may seek re-appointment for another term;
commissioners who have served terms of less than two years are eligible for automatic re-
appointment.
Most Town appointments are made for four-year terms, effective March 1, 2010. Other terms are
stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for
three years and expire at the end of June.
Applicants should be residents of the Town of Tiburon and have the time, interest and desire to
serve on the board or coinmission, including attendance at regular monthly meetings and other
activities. Some commissions, such as Heritage & Arts, and Parks, Open Space & Trails, are
comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula.
Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's
website, titi° +?w. ci. tiburon. ca. us (click on "Useful Forms"). You may also contact Town Clerk
Diane Crane Iacopi at dcrane a,ci. tiburon. ca. us (tel: 43 5-73 77) for more information.
TOWN OF TIBURON
NOTICE OF PENDING VACANCIES ON
BOARDS, COMMISSIONS & COMMITTEES
JANUARY 2011
PLANNING COMMISSION
Appointee
Appointed
Term Expires
• Erin Tollini
January 2010*
2/28/11
DESIGN REVIEW BOARD
Appointee
Appointed
Term Expires
• Linda Emberson
July 2010*
2/28/11
• John Kricensky
March 2009
2/28/11
HERITAGE & ARTS COMMISSION
Appointee
Appointed
Term Expires
• Ric Postle
April 2010*
2/28/11
• Marlen Halden Rice
March 2007
2/28/11
PARKS, OPEN SPACE & TRAILS (POST) COMMISSION
Appointee
Appointed
Term Expires
• Peter Winkler
June 2008
2/28/11
BELVEDERE-TIBURON JOINT RECREATION COMMITTEE
Appointee
Appointed
Term Expires
• Jerry Riessen
1992;1999;2003;2007
2/28/11
• Jane Jacobs
November 2008
2/28/11
BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES
Appointee
Appointed
Term Expires
• Mary Falk
2004;2008
6/30/11
MARIN COMMISSION ON AGING
Appointee
• Allan Bortel
Appointed Term Expires
2002;2005;2008 6/30/11
*Eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007
Courtesy Copies to:
The Ark (for publication on January 19, 2011)
The Marin Independent Journal
Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library
Yage 1 or 1
Diane Crane lacopi
.
._..__._.w._ w..~ _____.._..__.._._....._._w.......__...._...w._.........._.__... .....w_._............_.__._..._._._. __..........W_....._......__........._....... w........
From: Erin Chris [erin2000@hotmaii.com]
Sent: Wednesday, January 19, 2011 2:45 PM k4' 4f, :F
To: Diane Crane lacopi
Subject: planning commission term
Hi Diane,
I am writing to confirm that I would like to be considered for reappointment to another term on the Planning
Commission. Please let me know if you need anything further from me regarding this.
Thank you,
Erin Tollini
E C N VE
JAN 1 g 2011 D
TOWN CLERK
TOWN OF TIBURON
/19/2011
Page 1 of 1
Diane Crane lacopi 4Y..*
w...._.._.__....._. _._.._.._..._...._~.__._....w..._......__
From: linda emberson [wildthing95060@yahoo.com]
Sent: Tuesday, January 18, 2011 3:54 PM
To: Diane Crane lacopi
Subject: TERM EXPIRATION-DRB
Dear Diane:
Please consider this my written notification that I wish to be considered for reappointment to another
four-year term on the Design Review Board.
I have thoroughly enjoyed my time on the Board thus far and look forward to further serving the Town
of Tiburon in the future.
Yours truly,
Linda Emberson
18 2 011
TOWN CLERK
TOWN OF TIBURON
1/18/2011
Diane Crane lacopi
From: John Kricensky Dakplan@comcast.net]
Sent: Wednesday, February 16, 2011 6:21 PM D l5 l~ Q r~
To: Diane Crane lacopi
Subject: Re: Term Expiration - Design Review Board Fr 2011
Importance: High TOWN CLERK
TOWN OF TIBURON
Hi Diane,
I apologize for not responding earlier, but yes, I would like to be considered for
reappointment.
John
--John A. Kricensky, Architect
JAK Planning & Architecture
415-889-4043
415-889-4039 (fax)
> From: Diane Crane Iacopi <DCrane@ci.tiburon.ca.us>
> Date: Wed, 16 Feb 2011 15:32:37 -0800
> To: "(Tiburon Design Review Board) John Kricensky"
> <jakplan@comcast.net>
> Conversation: Term Expiration - Design Review Board
> Subject: Term Expiration - Design Review Board
> Hello, John,
> I am enclosing a copy of a letter I sent you in January (I hope you
> received it?) concerning your pending term expiration on DRB.
> You have served two years in March 2011 and are eligible for
> reappointment to another (4-year) term.
> Please let me know if you want to be considered for reappointment.
> Best,
> Diane Crane Iacopi
> Tiburon Town Clerk
> 435-7377
1
Page 1 of 1
16 %
Diane Crane lacopi
From: Heywink@aol.com
Sent: Thursday, January 20, 2011 12:06 PM
To: Diane Crane lacopi
Cc: Nicholas Nguyen
Subject: POST
Diane, I intend to seek reappointment to POST. Thank you. Peter
Peter Winkler
Attorney at Law
104-A Main Street
Tiburon, California 94920
(415) 435-2677
D E C E ~ V E
H JAN Z 0 2011
TOWN CLERK
TOWN OF TIBURON
1/20/2011
Page 1 of l
Diane Crane lacopi
From: marlene halden [wingedo@aol.com]
Sent: Wednesday, January 19, 2011 4:19 PM
To: Diane Crane lacopi
Cc: Peggy Curran; Joan Palmero
Subject: Pending Term Expiration - Heritage & Arts Commission
Dear Diane and Members of the Town Council:
I accept with pleasure the opportunity to serve a second four-year term as a Commissioner on the Tiburon
Heritage & Arts Commission. It has been a happy and rewarding experience for me these past four years and
now, as Chair, I look forward to continuing the new programs which have been initiated and enhancing the
Commissions's presence in the community.
Thank you for giving me this opportunity.
Sincerely,
Marlene Halden Rice
114 Avenida Miraflores
Tiburon, CA 94920
cc: Town Manager Peggy Curran
Staff Liaison Joan Palmero
rra
0 E WE 0
JAN 19 2011
TOWN CLERK
TOWN OF TIBURON
3.
1/19/2011
Page 1 of 1
Diane Crane lacopi
From: Fredric Postle [gopostle@msn.com]
Sent: Tuesday, February 01, 2011 11:24 AM
To: Diane Crane lacopi
Diane
Per your Jan 12 inquiry, I definitely want to serve another term as H&A commissioner.
Thank you,
Ric Postle
E C E ~ V E
FEB -1 2011
TOWN CLERK
TOWN OF TIBURON
2/1/2011
Page 1 of 1
Diane Crane lacopi
From: jane jacobs Danemjacobs@hotmail.com]
D E C E ~ U E
Sent: Sunday, January 23, 2011 12:46 PM
To: Diane Crane lacopi
JAN 2 4 2011
Subject: A Recreation Committee
TOWN CLERK
_....._............_.._......._.......m_............. .
TOWN OF TIBURON
From: janemjacobs@hotmail.com
To: dcrane@cl.tiburon.ca.us
Subject: A. Recreation Committee
Date: Sun, 23 Jan 2011 12:41:14 -0800
Dear Diane,
As per your letter, dated January 12, regarding my term expiration on the Joint Recreation Board, please extend
my term for another term.
I have enjoyed serving and as Chair for this year, I believe it is important for me to sign on for another term.
Jane Jacobs
1/24/2011
Diane Crane lacopi
From:
Jerry Riessen U.riessen@comcast.net]
Sent:
Tuesday, January 25, 2011 12:06 PM
To:
Diane Crane lacopi
Subject:
Bel Tib Joint Recreation
Hi Diane,
I would like to be considered for another term with Joint Recreation.
Thanks,
Jerry
D E C E I V E
0 JAN 2 5 2011 D
TOWN CLERK
TOWN OF TIBURON
1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
March 2, 2011
Agenda Item:
lp#- /
Recommendation to Pass First Reading of the Tiburon Tourism Business
Improvement District Ordinance
On January 19, 2011, the Town Council adopted Resolution No. 03-2011, declaring its intention
to modify the Tiburon Tourism Business Improvement District ("TTBID"). The amendment
would increase TTBID assessments from 1% to 2% of gross revenues by amending Chapter 7A
of the Tiburon Municipal Code. The Town would use the increased revenue to expand the
existing program to promote tour visits to the Town, thereby increasing the business opportunities
for the businesses that pay the assessments, the Town's hotels. Both existing hotels, the Lodge at
Tiburon and the Water's Edge Hotel (collectively, Hotels"), have voiced their support for the
increased assessments.
After the January 19th meeting, the Town sent a copy of the Resolution of Intention to all record
owners of the Hotels, with a written notice of the Town Council's pending public informational
meeting and public hearing on the proposed amendment. The notice also advised the property
owners that (1) the Town would abandon the assessment process if they received written petitions
by owners that would pay 50 percent or more of the annual assessments levied; and (2) they could
make a protest against the assessment by mail to the Town Council, care of the Town Clerk.
No one spoke at the Council's February 16th informational meeting on the TTIBD. As of the date
of this writing the Town has not received any written protests or other opposition to the TTBID
assessments. Assuming that the Town does not receive adequate protests by the close of the
public hearing on the ordinance, the Town Council may pass first reading of the TTBID
ordinance. If the Council elects to proceed with forming the TTBID, the ordinance will return for
second reading and adoption on April 6, 2011.
RECOMMENDATION
Staff recommends that the Town Council conduct a public hearing on the TTBID and the
proposed new ordinance.
„j 5 ~
1. At the close of the public hearing, the Town Clerk should report on the
number of written protests received, if any.
2. If the Town Clerk has received written protests by owners that will pay 50
percent or more of the annual assessments, the Council should terminate
the TTBID process and take no further action.
3. If the Town Clerk has not received written protests by owners that will pay
50 percent or more of the annual assessments, the Council should consider
whether it wishes to proceed with forming the TTBID.
4. If it finds in the affirmative, the Council should by motion, read the
ordinance by title only; and pass first reading of the ordinance by roll call
vote.
EXHIBITS
A. Staff Report of January 19, 2011 (without Exhibits)
B. Resolution of Intention, Resolution No. 03-2011
C. Draft Ordinance Amending The Tiburon Tourism Business Improvement District
(TTBID)
Prepared by: Ann R. Danforth
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
January 19, 2011
Agenda Item:
4r- /
Tiburon Tourism Business Improvement District - Assessment
Increase
BACKGROUND AND ANALYSIS
In 2007, the Town formed the Tiburon Tourism Business Improvement District (TTBID) in
response to a request from the Town's two hotels, the Lodge at Tiburon and the Water's Edge
Hotel. The TTBID imposes assessments on lodging establishments within the Town equal to one
percent of their gross revenues. Accordingly, the Lodge at Tiburon and the Water's Edge Hotel
area the only entities currently subject to the assessment. The Town uses the proceeds to
participate in the County's tourism-promotion program, which is funded by the Marin County
Tourism Business Improvement District (MCTBID) and operated by the Marin County Visitors
Bureau ("Visitors Bureau").
Last fall, the County Board of Supervisors modified the MCTIB to increase its assessments to
two percent of gross revenues. The Lodge at Tiburon and the Water's Edge Hotel have asked
that the Town similarly modify the TTBID, to fund an expanded program to promote their
business establishments.
The proposed resolution of intention will initiate the process of increasing the TTBID
assessments. If the Council chooses to move forward, the procedure involves two subsequent
meetings. On February 16th, the Council would hold a public information meeting to hear public
testimony, without taking action. The Director of the Visitors Bureau, Mark Essman, will be
present at that meeting. On March 2'd , the Council would hold a public hearing to consider any
protests regarding the proceedings. At the conclusion of the public hearing, assuming no
majority protest, the Council could hold first reading of the ordinance that would modify the
TTBID to increase the assessments. I note that only entities subject to the assessment - i.e., the
Lodge at Tiburon and the Water's Edge Hotel - are eligible to file protests.
RECOMMENDATION
Staff recommends that the Town Council:
Move to approve a Resolution Declaring the Town's Intention to Modify the TTBID.
EXHIBIT A
Exhibit: August 6, 2010 letter from Marin County Visitors Bureau
Draft Resolution
Marin Convention and Visitors Bureau 2010 Annual Report
Marin CVB - Tiburon Tourism Efforts
Prepared By: Ann R. Danforth, Town Attorney
RESOLUTION NO. 03-2011
RESOLUTION OF THE TIBURON TOWN COUNCIL DECLARING ITS INTENTION
TO MODIFY THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT
(TTBID), FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC
HEARING AND GIVING NOTICE THEREON
WHEREAS, the County of Marin Board of Supervisors formed the Marin County
Tourism Business Improvement District ("MCTBID") in 2004 in order to improve the tourism
business within the County of Marin, which program is administered by the Marin County
Visitors Bureau ("Visitors Bureau");
WHEREAS, in 2007, the Town formed a Business Improvement District ("TTBID") to
participate in the MCTBID and the Visitors Bureau's County-wide effort to improve lodging
business at the request of the Lodge at Tiburon and the Water's Edge Hotel; and
WHEREAS, at the recommendation of the Visitors Bureau, the Board of Supervisors has
increased the amount of MCTBID assessments from one percent (1%) of gross revenue to two
percent (2%) of gross revenue; and
WHEREAS, the Lodge at Tiburon and the Water's Edge Hotel have asked that the Town
Council adopt a similar increase to further promote their lodging establishments;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolve, determine, and find as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. The Town Council declares its intention to modify the TTBID, as set forth
in this resolution;
Section 3. The assessment will be based upon 2% of gross room rental revenue. All
assessment proceeds will be used to benefit the businesses assessed.
Section 4. The time and place for a public meeting on the proposed modification to
the TTBID is set for 7:30 p.m. on February 16, 2011, at the Town Council Chambers, 1505
Tiburon Boulevard, Tiburon CA 94920.
Section 5. , The time and place for the public hearing on the proposed modification to
the TTBID is set for 7:30 p.m. on March 2, 2011, at the Town Council Chambers, 1505 Tiburon
Boulevard, Tiburon CA 94920.
Page 1 of 2
EXHIBIT J~
Section 6. At the public hearing, the Town Council will hear the testimony of all
interested persons for or against the modification of the TTBID.
Section 7. Any protest against the TTBID or any aspect of it must be made as
provided in Section 36524 of the California Streets and Highways Code. Protests must be made
in writing and received before the close of the public hearing scheduled herein. A written protest
may be withdrawn in writing at any time before the conclusion of the public hearing. Each
written protest shall contain a written description of the lodging business in. which the person
signing the protest in interested, sufficient to identify the business and its address. If the person
signing the protest is not shown on the official records of the County of Marin or Town of
Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by
written evidence that the person is the owner of the business. Any written protest as to the
regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or
defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505
Tiburon Boulevard, Tiburon CA 94920.
Section 8. If, at the conclusion of the public hearing on March 2, 2011, there are of
record written protests by the owners of the lodging businesses within the TTBID that will pay
fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings
to modify the TTBID shall occur. The Town will not undertake new proceedings to modify the
TTBID for a period of at least one (1) year from the date of the finding of the majority written
protest by the Tiburon Town Council.
Section 9. Further information regarding the proposed modifications to the TTBID
may be obtained from Ann R. Danforth, Town Attorney, 1505 Tiburon Boulevard, Tiburon CA
94920, telephone (415) 435-7373.
Section 10. The Tiburon Town Council supports the establishment of the TTBID
within the legal process set forth above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on January 19, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: Non J1
JE F AV ajAYY-QQR
T O .BUR ON~
ATTEST:
DIANE CRANE IACOP-J, TOWN CLERK
Page 2 of 2
ORDINANCE NO. XX N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING THE
TIBURON TOURISMBUSINESS IMPROVEMENT
DISTRICT (TTBID)IN THE TOWN OF TIBURON
WHEREAS, on September 5, 2007, the Town Council of the Town of Tiburon adopted
Ordinance No. 498 N.S. (the "Ordinance") entitled "An Ordinance of the Town Council of the
Town of Tiburon Establishing the Tiburon Tourism business Improvement District (TTBID) in
the Town of Tiburon," thereby forming a Parking and Business Improvement Area known as the
Tiburon Tourism Business Improvement District (TTBID) to levy a benefit assessment on
lodging establishments with the TTBID (`Beneficiaries"); and
WHEREAS, on January 1, 2008, the Town entered into a contract with the Marin
Convention Visitors Bureau ("MCVB"), wherein, among other things, the Town agreed to
collect the assessments from lodging establishments within the TTBID, disburse the proceeds to
the MCVB and authorize supplemental assessments and/or adjusted assessments and MCVB
agreed to provide, manage and administer projects and programs designed to improve business
opportunities for the Beneficiaries by promoting tourism ("TTBID Services"); and
WHEREAS, the Beneficiaries and the MCVB have asked the Town to modify the
Ordinance to increase the TTBID assessments from one percent (1%) to two percent (2%), the
increase assessments to be used to enable the MCVB to expand the TTBID Services; and
WHEREAS, on January 19, 2011, the Town Council adopted Resolution No. 03-2011,
entitled A Resolution of the Tiburon Town Council Declaring its Intention to Modify the
Tiburon Tourism Business Improvement District (TTBID), Fixing the Time and Place of a
Public Meeting and a Public Hearing and Giving Notice Thereof, to modify the Ordinance as set
forth here, which Resolution has been duly mailed and published as required by Section 36523 of
the California Streets and Highways Code; and
WHEREAS, as specified in Resolution No. 03-2011, the Town Council held a public
meeting on February 16, 2011, to hear testimony regarding the proposed amendment to the
Ordinance, during which meeting, no one spoke in opposition to the proposal; and
WHEREAS, on March 2, 2011, as specified in Resolution No. 03-2011, the Tiburon
Town Council held a public hearing concerning the formation of the district on March 2, 2011 at
7:30 p.m., in the Council Chambers at 1505 Tiburon Boulevard, Tiburon, California; and
WHEREAS, at the hearing, the Council considered and duly overruled and denied all
protests, both written and oral, made or filed, and determined that there was no majority protest
within the meaning of Section 36523 of the Law; and
WHEREAS, the Town has not received protests in writing from businesses in the
proposed TTBID paying fifty percent or more of the proposed assessment; and
EXHIBIT e-
Page 1 of 4
WHEREAS, the Council finds that only businesses that benefit from tourist visits will be
assessed and that the lodging establishments within the TTBID will benefit by the expenditure of
the funds raised and the assessment levied hereby, in the manner prescribed herein; and
WHEREAS, the levy of assessment on the lodging establishments will fund the TTBID
Services for the special benefit of lodging establishments in the district. The revenue from the
levy of assessments shall not be used to provide programs outside the district or for any purpose
other than the purposes specified herein and in the Resolution of Intention; and
WHEREAS, the assessments levied on businesses pursuant to this Ordinance shall, to the
maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within
the TTBID.
NOW THEREFORE, THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 7A of Title II of the Tiburon Municipal Code is hereby amended
to read as follows:
Section 7A-1 Purpose. The purpose of this chapter is to establish the Tiburon Tourism
Business Improvement District.
Section 7A -2 Establishment of the District. Pursuant to the Act, a business improvement district
area is designated as the "Tiburon Tourism Business Improvement District" (TTBID) is hereby
created and established. The TTBID's boundaries shall be the Town's incorporated limits.
Section 7A -3 Amendments. All lodging establishments within the boundaries of the district
established by this Ordinance shall be subject to any amendments of the Parking and Business
Improvement Area Law of 1989, codified as California Streets and Highways Code Sections
36500 through 35551, inclusive.
Section 7A -4 Assessment. The assessment is proposed to be levied on all lodging
establishments, existing and future, within the TTBID based upon 2% of gross room rental
revenue. The TTBID projected annual assessment revenues in year one total approximately
$80,000. An assessment based on percentage will result in revenues that rise and fall in reflection
of greater and lesser business in an overall up or down tourism market and world economy.
Section 7A-5 Protests of Formation. All protests, both written and oral, are overruled and denied
and the Town Council finds that there is not a majority protest within the meaning of Section
36523 of the Act.
Section 7A-6 Annual Review of Assessments. All of the assessments imposed pursuant to this
Ordinance shall be reviewed by the Council annually, based upon the annual reports prepared by
the Advisory Board appointed pursuant to Sections 36530 and 36533 of the California Streets and
Highways Code.
Section 7A-7 Use of Assessments. No portion of the revenues from the assessments within the
district shall be used to provide improvements outside of the district for any purpose other than
Page 2 of 4
for the purposes of the expenses, services, activities and programs specified in the Resolution of
Intention to form the district, or as modified by the Town Council pursuant to compliance with
Sections 36534 and 36535 of the California Streets and Highways Code. Expenses services,
activities and programs paid for with the I% increase approved in April of 2011 shall provide a
direct and specific benefit to the payors that is not provided to those not charged. The direct and
specific benefit to payors will be increase sales of room nights provided through programs
designed to directly benefit payors. To generate additional room night sales, payors will be
featured on TTBID-funded websites and mobile applications, provided sales leads by TTBID
funded FAM tours sales missions, featured in TTBID-funded collateral materials, including
brochures and featured in other TTBID-funded programs specifically designed to increase room
night sales. Those not charged shall not be included in any of these activities nor shall they
receive the benefit of additional room nights. Notwithstanding the foregoing, the Town may
retain up to I% of the annual revenues from the assessments to recoup the Town's administrative
costs.
Section 7A -8 Imposition of Assessment. The assessment imposed by this Ordinance is levied
upon the lodging establishments within the district, and the operator of each lodging
establishment shall be solely responsible for paying all assessments when due. Notwithstanding
the foregoing, in the event that the operator of a lodging establishment elects to pass on some or
all of the assessment to customers of the lodging establishment, the operator of the establishment
shall separately identify or itemize the assessment on any document provided to a customer.
Assessments levied on the operators of lodging establishments pursuant to this Ordinance and
passed on to customers are not part of a lodging establishment's gross receipts or gross revenues
for any purpose, including the calculation of sales or use tax, transient occupancy tax, or income
pursuant to any lease. However, assessments that are passed on to customers shall be included in
gross receipts for purposes of income and franchise taxes.
SECTION 2 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter. The Town Council declares that it would have passed this
chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact
that any one or more section, sentences, clauses or phrases be declared invalid.
SECTION 3 EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage. At
least five days prior to its adoption and within fifteen days after its adoption, a summary of this
Ordinance, the latter summary to include the names of those Town Council members voting for
and against the Ordinance, shall be published once in a newspaper of general circulation printed
and published in the County of Marin and circulated in the Town of Tiburon. At the time of the
publication of each summary, the Town shall post in the Office of the Town Clerk a copy of the
full text of this Ordinance in compliance with Government Code Section 39633(c)(1).
Page 3 of 4
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Tiburon
Town Council on the 2nd day of March, 2011, and was adopted at a regular meeting of the
Tiburon Town Council on the April 6, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Page 4 of 4
To:
TOWN OF TIBURON Redevelopment Agency Meeting
1505 Tiburon Boulevard March 2, 2011
Agenda Item:'
Tiburon, CA 94920 J
Board of Directors of the Tiburon Redevelopment Agency
From: Redevelopment Agency Counsel
Subject: Recommendation to Authorize the Town Manager to Negotiate and
Execute a Subordination, Non-Disturbance and Attornment
Agreement to Facilitate installation of Photovoltaic Panels on Cecilia
Place
Reviewed By:
BACKGROUND AND ANALYSIS
The Tiburon Redevelopment Agency and the Ecumenical Association for Housing ("EAH")
partnered together in the 1990s to create the Cecilia Place housing project. The Town initially
loaned EAH the amount of $339,149 for the project in 1995, which amount the parties increased
to $751,522 in 1996. The debt is secured by a deed of trust, also amended in 1996 to reflect the
increase amount of the Note. At this time, the Note's outstanding unpaid balance is $663,411.00.
EAH has entered into two contracts with Helio Micro Utility to install photovoltaic panels on its
properties in Marin County (collectively, the "Agreement"). Under this agreement, Helio will
install the panels on each property without cost to the project, provided that the project purchases
the power generated from those panels from Helio. EAH advises staff that the cost of the energy
purchased from Helio will be less than PG&E would charge for a comparable about. Moreover,
EAH will have the option to purchase the panels at little or no cost after five years.
Helio would retain ownership of the panels unless and until they are purchased. Accordingly,
Helio requires that its agreement with EAH be binding on future owners, including in the event of
foreclosure. EAH requests that the Town agree to subordinate its deed of trust to Helio's right of
access to the property and agree to be bound by the Agreement in the event that the Town takes
title to the property.
Staff believes that it is very unlikely that the Agency would ever succeed to the Cecilia Place
property. Moreover, the proposed transaction appears to be very favorable to the project and
would not adversely affect the value of the Agency's security interest. According, staff
recommends that the Council approve the agreement, subject to one change: the addition of a
paragraph clarifying that approval of the agreement does not limit the Town's discretion with
respect to any permits or approvals required for the installation of the panels under the Town's
Municipal code.
g
NIP, rch '21 21 .1. 1
RECOMMENDATION
Staff recommends that the Agency Board:
Authorize the Executive Director to negotiate and execute the Subordination, Non-
Disturbance and Attornment Agreement with the Ecumenical Association for Housing
and HMU Holdings, LLC.
Exhibits: 1) Draft Subordination, Non-Disturbance and Attornment Agreement
2) Supporting Correspondence from EAH (see below)
• Email to from Andy Blauvelt 1-12-11
• Letter to Heidi Bigall dated 10-14-10
• Helio Micro Utility Contract Summary
• Power Purchase Agreement
• First Amendment to the Power Purchase Agreement
• Site Access Agreement
• Email from Roy Bateman, County CDD, 1-10-11
Prepared By: Ann R. Danforth, Town Attorney
~Crzhe ~ f►lowm~l.
C~a.US
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
This Subordination, Non-Disturbance and Attornment Agreement (this "Agreement"), made and
entered into as of the 14th day of October, 2010, by and among Tiburon Redevelopment Agency ("Lender"),
Cecilia Place Homes, Inc. ("Property Owner"), and HMU HOLDINGS, LLC, a Delaware limited liability
company ("Hello") (each, a "Party" and collectively, the "Parties").
RECITALS
A. Property Owner is the owner of certain real property located at 321 Cecilia Way, in the County
of Marin and State of California, and improvements constructed thereon excluding improvements constructed
thereon by Hello and other property of Hello (the "Premises"), as more particularly described on Exhibit A attached
hereto.
B. Property Owner has agreed to provide Helio with a right of access to, on, over, under and across a
portion of the Site (the "Premises") pursuant to that certain Site Access Agreement dated 9/24/2010, by and between
Property Owner and Hello (such agreement, together with all subsequent amendments, modifications, renewals and
extensions thereof, is hereafter referred to as the "SAA"), pursuant to which Hello plans to develop, finance, install,
own, operate, maintain and repair a solar energy facility (the "Solar Facility").
C. Property Owner and Hello have entered into that certain Power Purchase Agreement dated
9/25/2009 (such agreement, together with all subsequent amendments, modifications, renewals and extensions
thereof, is hereafter referred to as the "Power Purchase Agreement") pursuant to which Property Owner shall
purchase from Helio, and Helio shall sell to Property Owner, all of the Energy Output (as defined in the Power
Purchase Agreement) generated by the Solar Facility.
D. Lender has made a loan to Property Owner, and Property Owner has executed and delivered, to
Lender, a Mortgage dated , recorded in the official records of the County of as
[Document No./Book and Page No. ] (including any amendment, supplement, modification, renewal or
replacement thereof, the "Mortgage").
E. Pursuant to the SAA, Hello has required that Property Owner obtain this Agreement from Lender.
F. Hello, Property Owner and Lender have agreed to the following as respects their mutual rights and
obligations pursuant to the SAA and the Mortgage.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Parties do hereby
covenant and agree as follows:
A. SUBORDINATION
Subordination. Helio's access rights pursuant to the SAA shall be, and shall at all times remain, subject
and subordinate to the Mortgage, the lien imposed by the Mortgage and all advances made under the
Mortgage. Notwithstanding the foregoing, Lender acknowledges and agrees that title to the Solar Facility
shall be held,by Hello; that Hello is the exclusive owner of the Solar Facility, the electricity generated by
the Solar Facility, and the Environmental Attributes and Environmental Financial Incentives (as such terms
are defined in the Power Purchase Agreement) attributable to the Solar Facility; that Lender acknowledges
and agrees that it has no lien, security interest or other encumbrance on the Solar Facility; and that neither
Lender nor any party that becomes owner of the Premises as the result of a Property Owner default under
the Mortgage shall directly or indirectly cause, create, incur, assume or suffer to exist any liens, security
interests or other encumbrances on or with respect to the Solar Facility or any interest herein.
SFCA_1465923.1
B. NON-DISTURBANCE, CONSENT AND ATTORNMENT
123. Non-Disturbance. So long as Hello is not in default (beyond any period specified in the SAA for Helio to
cure such default) in the performance of any of the terms, covenants or conditions of the SAA on Hello's
part to be performed, then: (a) Helio's use of the Premises and Hello's rights and privileges under the
SAN or any extensions or renewals thereof as provided for in the SAA, shall not be diminished or
interfered with by Lender and Helio's occupancy of the Premises shall not be disturbed by Lender for any
reason whatsoever during the term of the SAA or any such extension or renewals thereof, and (b) the SAA
and all of Helio's rights and interests under the SAA shall survive and not be disturbed, affected or
impaired by any suit, action or proceeding upon the Mortgage or any obligation secured thereby, or by any
foreclosure of, or forfeiture under, the Mortgage or any enforcement of any rights under the Mortgage or
other documents held by Lender, or any deed in lieu of foreclosure.
124. Consent to SAA and Installation of Solar Facility; Waiver of Lien. If and to the extent required by the
Mortgage, Lender hereby consents to the SAA for the purposes stated therein. Lender hereby consents to
the, installation of the Solar Facility and agrees that the Solar Facility shall be and remain personal property
owned by Helio and subject to the lien and security interest of any holder of a Helio's Lender's (as defined
below) mortgage or deed of trust notwithstanding the manner of their annexation to the Premises, their
adaptability to the uses and purposes for which the Premises are used, or the intentions of the party making
the annexation. Lender hereby waives, for the benefit of any holder of Helio's Lender's mortgage or deed
of trust, any and all claims, rights or liens which Lender, or any of its trustees, successors or assigns may
hereafter acquire on or in the Solar Facility, no matter how arising, including without limitation, all
statutory and common law liens or security interests, and all rights to levy distraint, execute or sell the
Solar Facility to the extent such claims, rights or liens could be deemed prior to the interest of the holder of
Hello's Lender's mortgage or deed of trust.
125. No Actions Against Hello. Lender will not name or join Helio or any Helio's Lender (as defined below) as
a party defendant in any action or proceeding to enforce any of Lender's rights or remedies under the
Mortgage unless such joinder is necessary to foreclose the Mortgage. In the latter case, Lender may join
Helio as a defendant in such action only for such purpose and not to terminate the SAA or otherwise
adversely affect Helio's rights under the SAA or in this Agreement in such action.
126. Attornment. If the interests of Property Owner shall be transferred to and owned by Lender by reason of
foreclosure or any other manner, and Lender succeeds to the interest of Property Owner under the SAA,
Hello shall be bound to Lender and Lender shall be bound to Hello, under all of the terms, covenants and
conditions of the SAA for the balance of the term thereof and any extensions or renewals as provided in the
SAA, with the same force and effect as if Lender were the Property Owner under the SAA, and Hello does
hereby attorn to Lender as its Property Owner, said attornment to be effective and self-operative
immediately upon receipt of written notice by Helio (Lender hereby agreeing to provide a copy of such
notice to Property Owner) to the effect Lender has succeeded to said interest of Property Owner, without
the execution of any further instrument evidencing such attornment. The respective rights and obligations
of Hello and Lender upon such attornment, to the extent of the then remaining balance of the term of the
SAA and any such extensions and renewals, shall be and are the same as now set forth therein; it being the
intention of the Parties for this purpose to incorporate the SAA in this Agreement by reference with the
same force and effect as if set forth at length herein.
C. RIGHTS AND LIABILITIES OF LENDER AND HELIO
127. Liability of Lender. If Lender shall succeed to the interest of Property Owner under the SAA, Lender shall
not (a) be liable for any act or omission of Property Owner; (b) be subject to any offsets or defenses against
Property Owner if the Lender cures Property Owner's defaults pursuant to Section C(2) hereof; or (c) be
bound by any amendment or modification of any material term of the SAA made after the date hereof
without its written consent. The provisions of clause (c) of this Section C(1) shall not be construed to
render invalid or ineffective, as between Property Owner and Helio, any amendment or modification of the
SAA made without Lender's written consent, or operate in any manner to invalidate this Agreement with
SFCA_1465923.1 2
respect to the terms of the SAA as the same are in effect as of the date of this Agreement.
128. Default by Property Owner. Notwithstanding anything to the contrary in the SAA, before exercising any
right of termination or right of offset under the SAA, Hello shall provide Lender with notice of the breach
or default by Property Owner giving rise to same (the "Default Notice") and, thereafter, the opportunity to
cure such breach or default as outlined below. After Lender receives a Default Notice, Lender shall have a
period of thirty (30) days beyond any cure period provided to Property Owner under the SAA in which to
cure the breach or default by Property Owner. Not later than three (3) days after Helio's delivery of the
Default Notice, Lender shall provide written notice to Helio indicating whether Lender intends to cure the
breach or default by Property Owner. Lender shall have no obligation to cure any breach or default by
Property Owner, except to the extent that Lender agrees or undertakes otherwise in writing. In addition, as
to any breach or default by Property Owner the cure of which requires possession and control of Premises,
Lender's cure period shall continue for such additional time as Lender may reasonably require to either (a)
obtain possession and control of the Premises and thereafter cure the breach or default with reasonable
diligence and continuity or (b) obtain the appointment of a receiver and give such receiver a reasonable
period of time in which to cure the default. Notwithstanding anything herein to the contrary, Lender
acknowledges and agrees that Hello shall be entitled to remove the Solar Facility from the Premises upon
termination of the SAA, in accordance with Section 8 of the SAA.
129. Facilities Lender. Helio, and/or its successor(s), assignee(s) and/or designee(s) shall have the right to
hypothecate, mortgage, pledge or alienate the Solar Facility and/or Helio's leasehold estate and rights under
the SAA and in and to the Premises to one or more lenders or financing parties (a "Helio's Lender"). Such
Helio's Lender shall be considered a third party beneficiary under this Agreement, provided such Helio's
Lender shall have notified the Parties in, writing of its name and address. Upon identification of the Helio's
Lender, Property Owner and Lender hereby agree to execute an instrument acknowledging that such
Hello's Lender shall be considered a party to this Agreement. Helio's Lender, and/or its successor(s),
assignee(s) and/or designee(s) shall have the right to assign all of its interest in this Agreement and the
SAA, as the case may be, to another person or entity, provided such transferee assumes the obligations of
Hello or its successor(s), assignee(s) and/or designee(s) under this Agreement and the SAA, as the case
may be. Upon such assignment, Helio's Lender (including its agents and employees) shall be released
from any further liability thereunder to the extent of the interest assigned.
D. MISCELLANEOUS
130. Successors and Assigns. This Agreement and the covenants and agreements contained herein shall be
binding and inure to the benefit of the Parties and their respective heirs, administrators, representatives,
successors and assigns. Each of the Parties agree to deliver a copy of this Agreement to their successors,
assignees and, in the case of Lender, its trustees and any services or administrator of the loan or
indebtedness secured by the Mortgage, and to cooperate with Helio to ensure that each such successor,
assignee and trustee is aware of Helio's rights and Property Owner's and Lender's obligations hereunder.
131. Headings. The headings of the various sections of this Agreement are for convenience only and are not to
be construed as confined, or limiting, in any way, the scope or intent of the provisions hereof. Whenever
the context requires or permits, the singular shall include the plural, the plural shall include the singular,
and the masculine, feminine and neuter shall be freely interchangeable.
132. Notices. Any notice required or permitted to be given in writing under this Agreement shall be mailed by
certified mail, postage prepaid, return receipt requested, or sent by overnight air courier service, or
personally delivered to a representative of the receiving Party, or sent by facsimile (provided an identical
notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in
this section). All such communications shall be mailed, sent or delivered, addressed to the Party for whom
it is intended, at its address set forth below:
SFCA_1465923.1
Notice to Lender shall be sent as follows:
Attention:
Phone:
Facsimile:
Notice to Property Owner shall be sent as follows:
Attention:
Phone:
Facsimile:
Notice to Helio shall be sent as follows:
Attention:
Phone:
Facsimile:
133. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute one and the same instrument.
134. Disputes; Attorneys' Fees. In the event of a dispute arising from or related to this Agreement, the
prevailing party in any proceeding to enforce this Agreement or to resolve the dispute shall be entitled to
recover its expenses incurred in the proceeding, including reasonable attorneys' fees. Any dispute that is
not settled to the mutual satisfaction of the Parties within the applicable notice or cure periods provided in
this Agreement or in the SAA may be submitted by the Parties by arbitration administered by the American
Arbitration Association in accordance with its then existing Commercial Arbitration Rules. The arbitration
shall take place in San Francisco, California before a single arbitrator selected in accordance with the
Commercial Arbitration Rules. The decision of the arbitrator in the matter shall be final and binding upon
the Parties and judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction. The Parties agree that the arbitrator shall have the power to award damages, injunctive relief
and reasonable attorneys' fees and expenses to any Party in such arbitration; provided that this arbitration
provision does not prevent any Party from seeking interim injunctive relief from a court in order to preserve
the status quo. Notwithstanding anything to the contrary contained herein, nothing in this Agreement shall
restrict a Party from seeking any remedies it may have either at law or in equity.
135. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of California
without regard to its conflict of laws principles.
136. Entire Agreement. This Agreement constitutes the entire agreement among the Parties regarding the rights
and obligations of each Party as to the subject matter herein.
137. Interaction with SAA. If this Agreement conflicts with the SAA, then this Agreement shall govern.
SFCA_1465923.1 4
138. Amendments. This Agreement may be amended, discharged or terminated only by a written instrument
executed by all of the Parties.
139. Waiver. No waiver of any provision of this Agreement shall be effective unless set forth in writing signed
by the Party making such waiver, and any such waiver shall be effective only to the extent it is set forth in
such writing. The waiver by any Party of any breach of any term, condition, or provision herein contained
shall not be deemed to be a waiver of such term, condition, or provision, or any subsequent breach of the
same, or any other term, condition, or provision contained herein.
140. Facsimile Si nag tures. Facsimile signatures shall be deemed valid as original for all purposes. Digital
signatures shall be deemed valid as original for all purposes provided that such digital signature is capable
of verification and is linked to data in such a manner that if the data is changed, the digital signature is
invalidated.
[SIGNATURE PAGES FOLLOW]
SFCA_1465923.1
IN WITNESS WHEREOF, the Parties have each caused this Agreement to be executed
on the day and year first above written.
LENDER:
Tiburon Redevelopment Agency
By: _
Name:
Title:
STATE OF
COUNTY, ss:
On this _day of , 2010, before me, , personally appeared
, who proved to me on the basis of satisfactory evidence to be the
of , [name of entity], a [type/jurisdiction of entity], and
the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity in behalf
of which the person acted, executed said instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SFCA_1465923.1
PROPERTY OWNER:
[name, entity type]
By: _
Name:
Title:
STATE OF ,
COUNTY, ss:
On this _ day of , 2008, before me, , personally appeared
, who proved to me on the basis of satisfactory evidence to be the
of , [name of entity], a [type/jurisdiction of entity], and
the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity in behalf
of which the person acted, executed said instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SFCA_1465923.1 7
HELIO:
[name, entity type]
By:
Name:
Title:
STATE OF
COUNTY, ss:
On this _ day of , 2008, before me, , personally appeared
, who proved to me on the basis of satisfactory evidence to be the
of , [name of entity], a [type/jurisdiction of entity], and
the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity in behalf
of which the person acted, executed said instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SFCA_1465923.1
EXHIBIT A
[to follow]
(Legal Description)
Exhibit A
SFCA_1465923.1
Pagel of 2
Diane Crane lacopi
From: Andy Blauvelt [ablauvelt@eahhousing.org]
Sent: Wednesday, January 12, 2011 3:23 PM
To: Ann Danforth
Cc: Heidi Bigall; Itta Gonzalez; Laura Hall; Steve Huang (shuang@heliomu.com)
Subject: RE: Cecelia place solar installation
Attachments: Cecilia - Tiburon Redevelopment Agency.pdf; Solar retrofits for EAH properties
Ann -
Thank you so much for your time today. As discussed, here is the complete package of documents, consisting
of:
- Power Purchase Agreement ("PPA"); also includes
Standard Terms & Conditions, which serves as PPA Exhibit E
First Amendment to the PPA (purpose: to add the provision that key PPA dollar amounts based on
projected system size would be adjusted to reflect actual system size installed)
- Site Access Agreement ("SAA")
- Subordination, Non-Disturbance and Attornment Agreement ("SNDA")
To assist in your review of the documents, Helio's general counsel, Steve Huang, has offered to make himself
available to discuss this with you, in the event you have any detailed questions about how some of the
provisions of the documents might operate in the event of foreclosure. It would be best to go directly to Steve
rather than have EAH try to intermediate. I have copied Steve here in case you wish to contact him.
The package also includes background information contained in the cover letter to the Town and the four-page
contract summary prepared by EAH. I have also attached an email to Supervisor Susan Adams, which provides
summaries of the summary - this material is dense, so we boiled it down to her most pressing questions, which
may be relevant to Town decision-makers as well.
As discussed, ultimately this will boil down to a policy decision of whether the Town is willing to accept the risk
of the limitations the solar documents place on the Town's freedom of action in the unlikely event you must
foreclose on the property, in return for enabling the installation of solar power at Cecilia Place. I do not believe
Helio's investors would accept the deal without an SNDA in place - though if they would, EAH is fine proceeding
without one.
Finally, please note that all of the other lenders and the tax credit investor for Cecilia have already signed off.
The Town is the last permission needed to clear the way for installation. Across EAH's portfolio of solar retrofit
properties, SNDAs have been signed by a large number of lenders and investors including Citibank, Bank of
America, Westamerica Bank, Pacific Life Insurance (as a lender), HUD, the state Dept. of Housing and
Community Development and the Calif. Housing and Finance Agency; the Counties of Marin, Contra Costa and
Alameda, and a number of cities and redevelopment agencies across Northern California, among others.
Thanks again for your time to consider this matter. Please let us know if we can be of any further assistance.
Andy Blauvelt
415-295-8841
ablauvelt@eahhousing.org
2/24/2011
Page 2 of 2
From: Andy Blauvelt
Sent: Thursday, December 23, 2010 3:46 PM
To: 'adanforth@ci.tiburon.ca.us'
Cc:'Heidi Bigall'; Itta Gonzalez; Laura Hall
Subject: Cecelia place solar installation
Happy New Year, Ann -
I just spoke with Heidi Bigall about the Town's preliminary comments on the Power Purchase Agreement (PPA)
and related implementing documents (the Subordination, Non-Distrubance and Attornment Agreement and Site
Access Agreement). She suggested I speak directly with you when the Town is back open for business the first
week of January.
It is EAH's view that the actual risks and burdens imposed by the PPA arrangements are de minimus - and
necessary to support the larger public purposes of furthering the Town's longstanding and much-appreciated
support of Cecelia Place, not to mention creating a lower carbon footprint and cleaner air for the Town and its
residents. I hope a short conversation will help you reach the same view. If not, while it is difficult for Helio to
make individual language changes on a deal as tiny as Cecelia (we only were able to obtain PPA financing as part
of a larger portfolio of EAH-managed properties), Helio has negotiated and obtained lender approval on two
different forms of SNDA, so if you don't like one, the other may be better.
In any case, let's talk. Please let me know when is convenient for you during the week of January 3. 1 am
generally open Monday midday, Tuesday afternoon, Wednesday afternoon and Thursday morning, with some
additional smaller time slots open.
Thank you for your attention to this matter,
Andy Blauvelt
Certified Green Building Professional
Senior Project Manager
EAH, Inc. - a nonprofit housing corporation
415-295-8841
2169 E. Francisco Blvd., Suite B
fax: 415-453-3683
San Rafael, CA 94901
ablauvelt@eahhousing.org www.eahhousing.org
"Creating community by developing, managing and promoting quality affordable housing since 1968"
This message, including any attachments, is intended solely for the addressee(s) and is confidential. It may also contain information that is
legally privileged. Any person other than an intended recipient, or other party expressly authorized by the sender, is prohibited from using,
copying, distributing or otherwise disclosing the information contained herein. If you received this message in error, please immediately delete
it and all copies, and promptly notify the sender.
2/24/2011
E A H
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October 14, 2010
Tiburon Redevelopment Agency
Attn: Heidi McVeigh, Dir. Of Admin. Serv.
1505 Tiburon Blvd. Town of Tiburon
Tiburon CA 94920
RE: Power Purchase Agreement between Helio Micro Utility and Cecilia Place
Dear Ms.McVeigh,
We are writing about the opportunity for the subject property to stabilize a historically volatile
portion of its operating budget, save money, and do its part to help address the global warming
crisis by having a solar electric system installed at no cost to the property through a third-party
Power Purchase Agreement.
As explained in the attached contract summary, sponsor EAH Housing has reached agreement
with Helio Micro Utility to install solar photovoltaic panels on as many properties as feasible
within our Marin portfolio of properties. The deal we reached with Helio will save the
properties some money immediately. Moreover, it provides for a no-cost buyout of the system
after five years; thereafter, the electricity would be free, and the property would assume the
very low maintenance and capital replacement costs. EAH Inc. receives no compensation for
the deal - in fact, we have invested a great deal of staff time and significant third-party legal
and consulting costs over the last two years and are continuing to do so, because we feel it is
the right thing to do.
Enclosed please find a summary of the deal, along with the above-referenced Power Purchase
Agreement (PPA) and associated documents, including the Subordination, Non-Disturbance
and Attornment Agreement (SNDA). Our partner Helio has requested that you sign the SNDA
to acknowledge and agree to the terms of the PPA and licensed PV system. The PPA and
SNDA do not affect the security of your loan.
Signing the SNDA allows the property and PPA provider to continue the mutually beneficial
solar arrangement, regardless of who controls the property in the future.
Lender Approval Letter, September 30, 2010
Page Two
Please review the attached documents, execute the Subordination, Non-Disturbance and
Attornment Agreement and send it back to us as soon as possible. The timing of this request is
critical as we are subject not only to fast approaching expiration dates for both a beneficial tax
provision and the state rebates that together make it possible for Helio to offer this deal to us,
but also limited remaining months of dry weather to install the PV systems in time. Once the
Agreement is received, Helio arranges for and funds permitting and construction immediately.
We will follow up with you next week to address any questions you may have, but please feel
free to call me directly at 415-295-8879. Please note that your organization may be a lender on
several EAH properties under contract with Helio, so it is possible other asset managers in your
company have received a similar letter for another property. Finally, Helio has offered to have
their legal counsel contact the appropriate person in your organization directly, to facilitate
your review of the documents. EAH, of course, will snake sure that the appropriate
connections are made smoothly and all your questions are answered. Thank you for
considering this matter.
Very Truly Yours,
Laura Hall
Chief Operations Officer
Enclosures:
ANALYSIS BY EAH
• PPA Contract Summary
LEGAL DOCUMENTS
• Power Purchase Agreement
• First Amendment to the Power Purchase Agreement
• Subordination, Non-Disturbance and Attornment Agreement
• Site Access Agreement
cc: Andy Blauvelt; Senior Project Manager, EAH Housing
C:IUsersligonzelezlDesktoplHelio Lender LetterslHELIO LETTER TO MERGE.doc
HELIO MICRO UTILITY CONTRACT SUMMARY
1. Introduction
2. EAH Housing Solar Power Goals
3. How "Customer Generation" of solar energy works
4. Power Purchase Agreement with Helio Micro Utility
1. INTRODUCTION
EAH proposes that the subject property implement a contract to have solar photovoltaic (PV)
panels installed on the property roofs, and to agree to purchase the electricity produced by the
PV system at rates slightly lower than PG&E for six years, at which time the system would revert
to the property's sole ownership.
EAH Housing has been working for more than three years to provide clean energy to our
properties through solar photovoltaic technology. Our efforts in 2007 and 2008 resulted in the
solar array at Crescent Park in Richmond, believed to be the largest solar installation on an
affordable housing property in the nation. We have been actively working to leverage the
California's Multi-family Affordable Solar Housing (MASH) rebate program since its inception in
2009 to put solar electric systems on as many additional of our existing properties as were
eligible and reasonably suitable for solar. In the end, EAH secured MASH 38 reservations -
nearly one quarter of all reservations issued in PG&E territory, making us one of the single most
successful applicants.
These deals were possible because of a combination of state and federal incentives for solar
power. The MASH rebates pay for about half or more of the total installed system cost and
federal energy tax credits cover another 30% of the total system cost. With roughly 80% or
more of the system cost covered, less than 20% needs to be financed. In a PPA arrangement, a
third-party owner - Helio Micro Utility and their investors, in this case - buys, owns and
operates the system and we agree to purchase the power it generates at a price sufficient to
pay for their 20% system financing. We are essentially paying off their investors over time.
Under a PPA, the third-party provider owns the PV system on the property owner's roof. The
PPA provider pays for installing the system, in return for the right to claim the federal solar tax
credits, collect the, state rebates, and sell the solar power the system generates. The property
pays nothing up front, but agrees to buy all the power generated by the PV system for a
predetermined price for a period of typically 15 to 20 years.
From the property operations point of view, the arrangement is very simple. Essentially, the
property is switching electricity vendors from PG&E to the PPA provider, with PG&E remaining
EAH Page 1 of 4
K:IGREEN IMPLEMENTATION AND RESEARCHISolar PVIProviderslHelioldeal infolHelio Contract Summary 2010-09-30.doc
as a back-up supplier to the extent that the property needs more electricity than the PV system
produces. The twist is that the new vendor is producing its product on your roof.
2. EAH HOUSING SOLAR POWER GOALS
EAH receives no compensation for the deal, and is donating the staff time and third-party costs
already incurred and continuing to accrue.
EAH's first goal, consistent with our deepening corporate commitment to sustainable
development, is to provide clean solar power to as many properties as feasible. The second
goal is to provide our properties with the benefit of a stable, cost-effective power supply: the
predetermined PPA price is generally lower than current PG&E rates, and is immune from
energy price spikes such as those suffered by properties throughout California in the early
2000's. We adopted a portfolio-wide approach, to extend the benefits of photovoltaics to as
many properties as possible on decent terms, rather than getting the best possible terms on
the few properties with outstanding solar economics. Therefore, we negotiated two different
deals with two separate PPA providers for two segments of the EAH-managed portfolio.
Certain non-owned properties that EAH manages in close relationship with the sponsor were
included in the deals.
Within Marin, where EAH began over 40 years ago, we have many small properties. By
negotiating a group of properties, we were able to get Helio Micro Utility (HmU) to agree to
provide PV systems to approximately 15 properties, some with systems as small as 3 or 4
kilowatts of panels. We also were interested in creating a mechanism to essentially pre-pay to
buy the system from HmU after 5 years - which we managed to achieve.
Thus the pieces are in place to achieve our goals of using solar PPA's to make our properties
more stable and sustainable, both environmentally and economically over time. Now we to
receive permission from lenders and, where applicable, owners, to implement the program
property by property.
3. How "Customer Generation" of solar energy works:
The subject properties are part of the state Multi-family Affordable Solar Housing (MASH)
rebate program, under the California Solar Initiative umbrella, governed by the state Energy
Commission and Public Utility Commission. The participating California utilities (PG&E, So. Cal.
Edison, San Diego Gas & Electric) administer the program separately, following the same CPUC
rules.
The solar arrays don't directly power each property's electric needs. Instead, the property gets
a two-way meter capable of measuring electricity flowing either direction. During long summer
afternoons, the PV panels are producing energy and putting it onto the grid at a greater rate
EAH Page 2 of 4
K.IGREEN IMPLEMENTATION AND RESEARCHISolar PVIProviderslHelioldeal infolHelio Contract Summary 2010-09-30.doc
than the property is drawing power off the grid - in effect spinning the meter "backwards." The
reverse is true during nights and winter when the property uses more than it generates. PG&E
tracks all the usage, using the price of electricity at the time it flows through the meter, and
adds up the cost of power used less the cost of power generated ("net metering"). A bill is sent
to the property owner to true up on an annual basis. This method of measuring power by cost
rather than amount (kilowatt-hours) works to our advantage, since we will switch to "time of
use" electricity rates, which are higher at peak demand times - hot summer afternoons, when
we are net generators of electricity. In other words, when "netting out" electricity generation
at the end of each year, the electricity we generate is valued more highly than the electricity we
consume.
It is necessary to keep in mind that the photovoltaic systems may not cover all of the electric
needs of the properties. Where possible, the systems were sized to generate 85 to 90% of
current electric demand (time of use rate schedules are projected to cover most of the
remaining gap), but in many cases roof size, shading or other physical issues requires a smaller
PV system size. In such cases, the property will continue to purchase any remaining power
required from PG&E. Thus, the costs savings for solar power will apply only to the portion of
power generated by the PV system; the rest will be subject to public utility rates.
If the PV system produces more power than the property can use, thanks to new state laws and
the existence of Marin Clean Energy, any excess solar power produced by the property can be
sold back at the going electric rate.
4. Power Purchase Agreement with Helio Micro Utility
Under the Power Purchase Agreement (PPA), the PPA provider, Helio Micro Utility of Berkeley,
CA (HmU), finances and arranges for construction and permitting - i.e., complete turn-key
installation - of a system of photovoltaic modules to produce solar electricity on a given
property, at no up-front cost to the property owner, in return for the property agreeing to
purchase all the solar electric power produced by the PV system for the duration of the PPA
term.
The PPA provider provides all maintenance, including the scheduled cleanings (approximately
semi-annually, the panels are washed like a car, because dust blocks sunlight) and unscheduled
problems, except those caused by our negligence. The PPA provider also monitors
performance.
The systems themselves are expected to last at least 30 years, although the inverters need to
be replaced every 10 to 15 years. If the PPA is in force, the PPA provider pays for the inverter
replacement (which has been estimated roughly around 8 to 10% of initial installation cost).
In 2009, EAH caused affiliated entities to execute PPA's for 15 of its properties in Marin County,
California with HmU. Helio, however, could not secure financing initially, and the deal was held
EAH Page 3 of 4
K:IGREEN IMPLEMENTATION AND RESEARCHISolar PVIProvidersWelioldeal infolHelio Contract Summary 2010-09-30.doc
in abeyance. Helio then did secure funding, but with certain changes required to the
documents, which should be finalized this week (9/21/10).
The term is for 20 years at a fixed price of 13.9 cents per kilowatt-hour [kWh] in the first year,
rising 3.5% annually thereafter.
The HmU deal was structured to exercise the purchase option after 5 years and cover the buy-
out price with an equal pre-paid credit for the MASH rebates, so it will cost nothing out of
pocket. A nominal buy-out price, to be prorated based on final installation size is listed in the
PPA. However, in practice the price will already have been paid: an unusual feature of the Helio
PPA, favorable to the property, is that the state MASH rebate will be credited to the property
owner and used to fund a "prepayment" for 20 years of electricity, theoretically in order to buy
down the cost of electricity to the PPA price of 13.9 cents per kilowatt-hour. The prepayment
amount equals the amount of the MASH rebate, so there is no real cost to the property. If the
purchase option is exercised after 5 years, the remaining value of the prepayment must be
rebated by Helio to Rotary Manor - i.e., Helio must return the portion of the prepayment
attributable to the 15 remaining PPA years of electricity that they will no longer provide. The
purchase option price has been calculated to equal the repayment amount, so the system will
exchange hands for no additional money -thus both the Prepayment and Repayment ends of
the arrangement are calculated to require no cash from either party.
Upon buying out the systems, the property becomes responsible for maintaining them. A
reserve will be established at that time from the additional electricity cost savings for scheduled
replacement, notably the inverters.
Legal Documents:
1. Power Purchase Agreement ("PPA") itself
2. Site Access Agreement (permission to use the roof)
3. Subordination, Nondisturbance and Attornment Agreement ("SNDA")
Contacts:
Helio Micro Utility, Inc.
1827A Fifth Street, Berkeley, CA 94710
Phone: (510) 860-4770, Fax: (510) 277-1175
Contacts: Tom Millhoff, Mike Murray
www.heliomu.com
EAH
Page 4 of 4
K:IGREEN IMPLEMENTATION AND RESEARCHISolar POProviderslHelioldeal infolHelio Contract Summary 2010-09-30.doc
POWER PURCHASE AGREEMEN'T'
(Cecilia Place)
THIS POWER PURCHASE AGREEMENT (this "PPA") is made and entered into as of
September 25, 2009 (the "Effective Date"), by and between HMU Holdings, LLC, a Delaware limited
liability company, ("Owner") and Cecilia Place Homes, LP, a California limited partnership ("User").
Owner and User are sometimes hereinafter referred to individually as a "Party" and collectively as the
"Parties."
RECITALS
Owner intends to install, finance, own and operate a solar energy facility (the "Solar Facility") as more
particularly defined in Exhibit A hereto at User's premises located at 321 Cecilia Way, Tiburon, CA
94920 (the "Premises") as further described in Exhibit B hereto.
Owner desires to sell to User, and User desires to purchase from Owner, all of the Energy Output
generated by the Solar Facility during the Term and otherwise in accordance with the terms and
conditions of this PPA.
Owner and User hereby adopt and incorporate by reference Owner's Standard Terms and Conditions for
Power Purchase Agreements as shown in Exhibit E hereto. Owner has provided User a copy of the
Standard Terms and Conditions for Power Purchase Agreements, and User has had sufficient time to
review and seek legal counsel.
User agrees that in partial consideration for the sale of Energy by Owner to User, Owner shall be entitled
to receive and retain all of the Environmental Attributes associated with the Energy that User receives. In
consideration of the premises and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Owner and User agree as follows:
1. ENERGY SELLER:
2. ENERGY SELLER INFORMATION
3. ENERGY PURCHASER
4. ENERGY PURCHASER INFORMATION
HMU Holdings, LLC ("Owner")
Address:
1827 Fifth Street, Suite A
Berkeley, CA 94710
ATTN: Asset Manager
Telephone Number: 510-860-4770
Cecilia Place Homes, LP ("User')
Address
2169 E. Francisco Blvd., Ste. B
San Rafael, CA 94901
Tax I.D. Number
68-0385285
Telephone Number
(415) 258-1800
Agent for Service
5. PREMISES Cecilia Place
321 Cecilia Way
Tiburon, CA 94920
6. SOLAR ENERGY FACILITY: Nameplate Capacity: ~ : 4.74 kWp
Approximate Annual Energy Production:
6,864 kWh
Location: -Rooftop
Specifications: -Per Exhibit A of this Agreement-
7. COMMENCEMENT DATE Commercial Operation Date as certified by Owner
to User.
8. INITIAL TERM The initial term of this PPA (the "Initial Term")
shall commence on the Effective Date and shall be
in effect until 00:00 hours Pacific Time on the
twentieth (20th) anniversary of the Commercial
Operation Date.
9. EXTENSION TERMS Extension for up to three (3) Extension Terms of
five (5) years, each, unless terminated by User not
less than 180 days prior to expiration of Initial
Term or Extension Term, or for Event of Default.
10. ENERGY PURCHASE 100% of Energy Output during the Initial Term
and, if applicable, any Extension Terms.
11. ENERGY PAYMENT RATE Initial Term: $0.139 per kWh starting on the first
day of the first (I") Contract Year of the Initial
Term and inflating annually at the Energy Payment
Rate Increase Factor
The Energy Payment Rate during the first Contract
Year of the first five (5) year Extension Term
("First Extension Term") shall be 90% of the
higher of (i) the Energy Payment Rate during the
immediately preceding Contract Year adjusted by
the Energy Payment Rate Increase Factor
applicable to the first Contract Year of such
Extension Term, or (ii) the average amount (in
2
USD) per kWh payable for retail electric service to
the Premises at the commencement of such
Extension Term under the applicable rate tariff of
the applicable default electric service provider.
The Energy Payment Rate shall be increased by the
Energy Payment Rate Increase Factor applicable to
the First Extension' Term on January 1 of the
second Contract Year of the First Extension Term
and on January 1 of each Contract Year thereafter
during the First Extension Term.
Electricity Prepayment: See Exhibit F for
additional User payment.
12. ENERGY PAYMENT RATE INCREASE Three and one-half percent (3.5
FACTOR
13. USER PURCHASE OPTION
14. OWNER SALE OPTION
User shall have an option to purchase the Solar
Facility, per this Agreement, 180 days prior to the
last day of the fifth Contract Year, or the end of the
Initial Term or any Extension Term, or upon Event
of Default with respect to Owner.
The purchase price (the "Purchase Price") and
procedures for exercising the Purchase Option shall
be as set forth in Owner's Standard Terms and
Conditions for Power Purchase Agreements
attached as Exhibit E hereto.
Upon Event of Default with respect to User, or
upon transfer of Premises, if purchaser of Premises
does not have sufficient credit in Owner's
discretion.
15. RISK OF SOLAR FACILITY LOSS
16. INSURANCE
17. MAINTENANCE
Risk of Solar Facility Loss is on Owner, but see
"Insurance" below.
Owner and User shall provide insurance as required
in Article 8 of Owner's Standard Terms and
Conditions for Power Purchase Agreements
attached as Exhibit E hereto.
Owner shall maintain Solar Facility at its sole cost
and expense; User shall grant reasonable access to
Solar Facility for Owner or its agents for
maintenance and repairs at any time.
3
18. ROOFTOP LEASE
19. ROOF CONDITION
20. SYSTEM SIZE MODIFICATION
21. GUARANTOR INFORMATION
22. SECURITY DEPOSIT
23. BROKERS
24. NOTICES
Per separate Site Lease Agreement ("Lease") for
the Initial Term and any Extension Terms.
Good
User may, at its sole option, require Owner to
reduce the size of the Solar Facility by up to fifteen
percent (I5%), if a) User reasonably believes
energy usage will decline due to a change of tariff
or future implementation of energy efficiency
measures; and, b) if User notifies Owner in writing
by October 7, 2009.
n/a
n/a
n/a
All notices, requests, statements or payments will
be made pursuant to the contact information
provided in this Agreement's signature block, with
copies as provided in Article 16 of the Owner's
Standard Terms and Conditions for Power
Purchase Agreements attached as Exhibit E hereto.
25. Entire A eement, Amendments. This PPA (including the exhibits, any written schedules,
supplements or amendments) and the Lease constitute the entire agreement between the Parties, and shalt
supersede any prior oral or written agreements between the Parties, relating to the subject matter hereof.
Except as otherwise expressly provided in this PPA, any amendment, modification or change to this PPA
will be void unless in writing and executed by both Parties.
26. Counterparts. This PPA may be executed in several counterparts, each of which is an original and all
of which together constitute one and the same instrument. A signature on a copy of this PPA received by
either Party by facsimile is binding upon the other Party as an original. Both Parties agree that a
photocopy of such facsimile may also be treated by the Parties as a duplicate original.
Intending to be legally bound, Owner and User have signed this Power Purchase Agreement as of
the Effective Date.
"OWNER:"
Date:
4
HMU Holdings, LLC,
a Delaware limited liability company
By:
Print na / rl ~2 Gl-~6L
Title:
Address:
"USER:"
Date: 6 f- 2" elf -
1827 Fifth Street, Suite A
Berkeley, CA 94710
Telephone: (510) 860-4770
Telefax: (510) 277-1175
Electronic Mail: via www.heliomu.com
Cecilia Place Homes, LP -
a California limited partnership
By: Cecilia Place Homes, Inc.
Its: General artner
By:
Print name:' Laura Hall
Title: Secretary
Address: 2169 E. Francisco Blvd., Ste. B
San Rafael, CA 94901
5
18. ROOFTOP LEASE
19. ROOF CONDITION
20. SYSTEM SIZE MODIFICATION
21. GUARANTOR INFORMATION
22. SECURITY DEPOSIT
23. BROKERS
24. NOTICES
Per separate Site Lease Agreement ("Lease") for
the Initial Term and any Extension Terms.
Good
User may, at its sole option, require Owner to
reduce the size of the Solar Facility by up to fifteen
percent (15%), if: a) User reasonably believes
energy usage will decline due to a change of tariff
or future implementation of energy efficiency
measures; and, b) if User notifies Owner in writing
by October 7, 2009.
n/a
n/a
n/a
All notices, requests, statements or payments will
be made pursuant to the contact information
provided in this Agreement's signature block, with
copies as provided in Article 16 of the Owner's
Standard Terms and Conditions for Power
Purchase Agreements attached as Exhibit E hereto.
25. Entire Agreement; Amendments. This PPA (including the exhibits, any written schedules,
supplements or amendments) and the Lease constitute the entire agreement between the Parties, and shall
supersede any prior oral or written agreements betweett the Parties, relating to the subject matter hereof.
Except as otherwise expressly provided in this PPA, any amendment, modification or change to this PPA
will be void unless in writing and executed by both Parties.
26. Counterparts. This PPA may be executed in several counterparts, each of which is an original and all
of which together constitute one and the same instrument. A signature on a copy of this PPA received by
either Party by facsimile is binding upon the other Party as an original. Both Parties agree that a
photocopy of such facsimile may also be treated by the Parties as a duplicate original.
Intending to be legally bound, Owner and User have signed this Power Purchase Agreement as of
the Effective Date.
"OWNER:"
Date:
HMU Holdings, LLC,
a Delaware limited liability company
By:
Print name:
u,ssv
Title: _ / ,,~J
4
Address:
1827 Fifth Street, Suite A
Berkeley, CA 94710
Telephone: (510) 860-4770
Telefax: (510) 277-1175
Electronic Mail: via www.heliomu.com
"USER:"
Date: 0 I ` Z` D
Cecilia Place Homes, LP
a California limited partnership
By: Cecilia Place Homes, inc.
Its: General Partner
By:
Print name: Laura Hall
Title: SecretaryAddress: 2169 E. Francisco Blvd., Ste. B
San Rafael, CA 94901
5
EXHIBIT A
SOLAR FACILITY DESCRIPTION
The Solar Facility is estimated to be a 4.47 kWp solar electric system located on the roof of the
Cecilia Place affordable housing project located at 321 Cecilia Way, Tiburon, CA.
System components include modules, mechanical attachment assemblies, DC wiring, DC
combiner boxes, DC-AC inverters, data acquisition systems,, interconnection equipment and other
wiring and materials necessary for the reasonable assembly and completion of the system.
Exhibit A-I
S FCA_1421341.4
EXHIBIT B
DESCRIPTION OF PREMISES
APN No. - - Additional language to be inserted on mutual agreement of the Parties.
Exhibit B-1
SFCA 1421301.4
EXHIBIT C
CASUALTY SCHEDULE
1. Solar Facility Installation Cost:
$ 27,039
Solar Facility Loss Amount:
(In percent of Solar Facility Installation Cost)
Initial Term
First Contract Year:
107.0%
Second Contract Year:
87.4%
Third Contract Year:
67.7%
Fourth Contract Year:
48.1%
Fifth Contract Year:
28.4%
Sixth Contract Year:
26.8%
Seventh Contract. Year:
25.1%
Eighth Contract Year:
23.4%
Ninth Contract Year:
21.7%
Tenth Contract Year:
20.0%
Eleventh Contract Year:
18.3%
Twelfth Contract Year:
16.7%
Thirteenth Contract Year:
15.0%
Fourteenth Contract Year:
13.3%
Fifteenth Contract Year:
11.6%
Etc...
Exhibit C-1
SFCA_1421301.4
EXHIBIT D
BUYOUT SCHEDULE
At the end of the fifth contract year: $7,689
Exhibit E
Standard Terms and Conditions for Power Purchase Agreements
EXHIBIT F
ELECTRICITY PREPAYMENT AND REPAYMENT SCHEDULE
1. Prepayment. User agrees to pre-pay to Owner $12,473 for electricity over the Initial Term (the
"Prepayment"). The Prepayment shall be funded by the Multifamily Affordable Solar Housing (MASH)
program rebates associated with the Solar Energy Facility and the Premises (the "Rebates"). User shall
make the Prepayment to Owner within ten (10) business days from User's receipt of the Rebates (the
"Prepayment Deadlines").
2. Repayment. If either (a) Owner transfers the Solar Facility to User prior to the close of the Initial
Term pursuant to the exercise of any purchase option granted under this Agreement; or (b) this
Agreement is terminated for any reason prior to the close of the Initial Term, then Owner shall be liable to
pay to User a portion of the electricity prepayments made by User under this Exhibit F (the "Repayment
Amount"). The Repayment Amount shall be the product of (1) the difference between (i) an amount
equal to the total expected revenue (comprising total expected revenue from electricity payments over the
20-year Initial Term plus the total Prepayment) divided by the total expected electricity produced over the
Initial Term, in kWh, which amount for purposes of this calculation is stipulated as $0.086 per kWh, and
(ii) the average charge per kWh for electricity under this Agreement for the remainder of the Initial Term;
and (2) the expected output of the Solar Facility for the remainder of the Initial Term, determined based
on all relevant facts and circumstances existing on the date the Repayment Amount is determined. If the
Agreement is terminated by reason of User's default, then Owner shall be entitled to offset the Repayment
Amount against any damages owed by User to Owner under this Agreement. If the Agreement is
terminated by reason of User's exercise of a purchase option, User shall be entitled to offset the purchase
price against the Repayment Amount.
For the purposes of clarification, in the event that User exercises its option to purchase the solar
installation per Article 13 of this Agreement, then Owner shall refund User the portion of prepaid amount
in this Exhibit F as illustrated in the following example: if the User exercises its option to purchase the
system after the fifth year of operation, then the Repayment Amount to be refunded to the User by the
Owner would be $709.
Exhibit F-I
SFCA_1421301.4
11is FIRST AMENDMENT TO P OWE PURCHASE AGREEMENT is made and hereMto t,V
to S ~~a CI AY cn Seirteiritse ?r, {~1.{} (iPte
kff~~ir~e I~t ,r) {i~t and art7ortg ra~~U lt;t~~yi7Tl~~sS, I:IC` (''~~ngf
' wIIJ TL
AE a C UMi S L.P., a Califorhi Limited I'attttnship €..{~~e~'~ and E H, INC., a Calt~b n
non-profit public benefit c.orixoratieon AH""y
R&MA L.S
U14E.R.f,AS, Owner and User have e^nim-d into a Power Purchas Agreement.datM Staptm r 25 .E
(hereinaficr r <f' ,rrcd to as the Ot anti
WHEREAS, Owner and User dzsire to amend certain provisions of-the PPA as set fiorth here in.
A f E El l:l'ad`
NOW, •T'.}-JERir'xFt; RE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the PP.A. shall be amended as follows:
1. Capitafii~d terms used herein and not ttt2te't-wise defined shall have the ttiea~ti in 5 sit f6 th in the. P.PA.
The pxirties hereby acknowledge and agree that E AH shall be. art iftten.dul third party beneficiary of they MIA., as
rn oditiki by Sections ' )and 6 below,
~ . All references to the Site Lease A regiment and tare St.A in trite PPP shall b~ sfirir:km and t~~lrared by
the to mr , Site Across Agreement and SAA, respectively.
s
:3, User Possesses a Purchase Option, in Which tide tights obligations and privileges thereof are, set forth
in the ?PA. 'f: ,E H shall replace User as the entity entitled to the :full rights, obligations and pnvilei es of the PPA's
Purchase Option, Any attempted exercise of such rights, obligations and privileges of the l•►PA's Purchase 0 ti+an
by tier shalt tv deemed hull and void unless EAH has first expressly declined, in writing the PPA's Purchase
6pticon. In they event F AIv# beelines to exercise the PPP' purchase option and provides Written notice to that effect to
bath L..ser• mid Owner, all of the rights, 6bligations and privileges of the PlWs Purchase Option shall aut matic°ally
i
revert to thwr.
4. Exhibit D of the PPA is hereby stricken and a ne-n ed as foil bwls:
At the end of the, iii ` contract year, To the eXtcrtt deist the
nainef late capacity and expected annual. output of the Solar. Facility is
significantly tii#'ler+ettt than ct3titetn laced by'tiyis A ;reerneiit, the buyout a.aita t
shall he adjctstcA it) a manner that is proportiiInate iii the adjustment of the acl:tiat
system's capacity, with such adjustment being armed to and rediiced to a
writing si ,ried by the * arties.
5. Section I of Emhibii F of the PPA is he*rehy stricken and ar'ne;nded as fbil ows:
412-44 3
1.1'rep Mlep : User agrees to dire-pay to Ownt r fcor electricity over the
Initial Tenn `(the "Pr01.7). The ht=.liayment shall be ftmded "by the
Multifamily AfThr&ble Solar -lousing CNIASH") pro rarn rebates a,~ssociated
with the Solar Facility and the f'rt:zntses th at s"), User shall `tender the
Prepayment to Owner withiin teri(l+ll) business bays of User's receipt cif the
Rebates the "1'rcf►a thqkL I_?e rllirieTo the cxtent that the n ncpt e
capacity and expected annual output tti the Solar Facility is significantly
different. dwo contemplated by this Agrr ement, the Prepa}tment shall be adjusted
in a matancy that is proportionate to the adjustment of the actual sy"stern's
capacity. with such adjustment being; kgreed to and reduced to a writing signed
by. the Parties, w
6. Each of Owner and Uier hereby agrees for i1,self that it shall provide P.AI=I with a copy of any notice of
default given by either Owner or User pursuant to tite PPA, SAA, ur any other dmunients entered into tween
Owner and User in connection therewith (cello ively, the "TPA Documents") anti that EAt-I shall have the right
(hut ncat the obligation.) to cure: on behalf Of the non-defaulting party. Copies of notices sent to ;EAH shall be, sent to
the l'ollowing address: 2169 E. Francisco Boulevard, Suite l3, Saii Ra%el, California 94901, Attention: President.
7. Notwithstanding anything to the contrary contained in the PPA, including, without limitation, Section
thereof, the effectiveness of the PPA and the rights and obligations of User are expressly conditioned upolr User
obtaining all third party consents accessary to permit the execution and implementation of the PPA,, including at;y°
required consent.forn laser's lenders. and investors (Collectively, they "Required Consents"). Upon receipt of such
Required Consents. User shall promptly send written a.-Mice of such Required Consents to Owner.
8, FACClat to the cxtertt scat fort}} herein, the PPA shall remain utn -diced in full force tend effeet. In the
event of anv inconsistency het:ween the tennis and coandido.m set rtirili in the :t)PA and the terins and conditions set
forth in this Amendment, the teens and conditions in this.Ameandrrrent shall control.
9. This Amendment may be executed in several counterparts, each of which is an original and till of
which together constitute one and the same instrument. A. signature on a copy of this IIPA received by any party
hereto by facsimile or other electronic means is binding upon the other parties as an original. Fkh party= hereto
:Agrees that a photocopy o such facsiTnile or ether electronic means may also be treated by the parties as a duphcate
origi raal.
IN WITNESS HEREOF, the parties hertrto have executed this Amendment as of the Effe ctiuc Date,
HMU }•lf.;?l.sDINGS, I:. L,C:
Nan--je: Steven Huang
rifle: General C'owisel/Vice N--esident of Business
Operations for Melia Micro t. tility, Inc., a.5 authorized
agent of l4nitJ Holda.aigs, t,l,.C
C ECII.,IA PLACE I it MES, L.P.
Fay: Cecilia ..Place Hnines, Inc..
Its: General Partner
By:
Name: Laura Hall
Title. Secretary
lnAH, INC;.
B:
Nauw: uwa. 1W I
l a#.?. VV 0
Site Access Agreement
This Site Access Agreement ("Agreement") made and entered into as of September 24, 2010 (the
"Effective Date"), between HNIU HOLDINGS, LLC ('`Hello"), and CECILIA PLACE HOMES, L.P., a California.
Limited Partnership ("Property Owner").
A. Concurrently herewith Property Owner and I-Ielio have entered into a certain Power Purchase
Agreement (the "PPA") wherein Helio has agreed to develop, finance, install, own, operate, maintain and repair a
solar energy facility, as more particularly described in Exhibit A hereto (the "Solar Facility"), on the "Premises"
(as defined in Section 1 below) and Property Owner has agreed to provide certain access rights, to Helio for such
purpose. Property Owner has also agreed to purchase from Helio all energy generated by the Solar Facility during
the term of the PPA.
B. Property Owner is the fee title owner of, or is authorized to use and occupy, the site(s) located at 321
Cecilia Way, Tiburon, CA 94920 as more particularly described on Exhibit B attached hereto and any buildings or
other improvements located thereon other than the Solar Facility (the "Property").
C. In order to carry out the terms of the PPA, and to enable Property Owner to enjoy its rights and perform
its obligations under the PPA, Property Owner agrees to provide Helio with access to the Premises (as defined
below) Ilelio on the terms and conditions set forth below.
NONV; THEREFORE, in consideration of the premises and other good and valuable consideration. the
receipt and sufficiency of which is hereby acknowledged, Helio and Property OrNner hereby agree as follows:
1. Right of Access
Property Owner does hereby grant to a right of access to, on, over, under and across the Property all as shown in the
site plan attached hereto Exhibit C where the Solar Facility will be installed, including any necessary adjoining real
property where Solar Facility components may be located (the "Premises"). At the completion of the installation of
the Solar Facility, Ilelio shall provide Property Owner with an actual layout of the Solar Facility so as to provide
better clarity on the actual Premises. Property Owner hereby also grants to Ilelio a nonexclusive right of access
across or through. the Property and any surrounding or nearby lands or buildings owned or leased by Property Owner
as may be reasonably required for (i) the delivery, installation, operation, maintenance and repair of the Solar
Facility; (ii) utility lines, pipes and conduit for the transmission of electricity or otherwise serving the Solar Facility;
and (iii) as may be otherwise reasonably required by Helio in connection with this Agreement and the Solar Facility,
which right shall be subject to the rights of Property Owner's tenants, which shall not affect Helio's rights during
emergency situations or times when maintenance and/or repair is required due to the Solar Facility being
nonoperational for more than hventy-four (24) hours. Property Owner shall not be required to provide access to the
Premises to I-ielio until Ilelio complies with its obligations to provide insurance pursuant to the PPA. Helio shall
use the Premises for the solar purpose of installation, construction, operation, maintenance, repair, improvement,
replacement and removal of the Solar Facility (the "Permitted Use") and for no other business or purpose without
the prior written consent of the Property Owner, which consent shall be granted or withheld in Property Owner's
sole discretion. It is understood that Helio's ability to use the Premises is expressly contingent upon its obtaining
after the Effective Date all certificates, permits, licenses and other approvals (collectively, the "Government
Approvals") that may be required by any federal, state or local authorities, for the use of the Premises for the
Permitted Use, as well as satisfactory building structural analysis that permit Helio's use of the Premises for the
Permitted Use.
2. Rent
Helio hereby covenants to pay Property Owner, on or before the first day on which the Solar f=acility is ready for
commercial operation (the "Commercial Operation Date"), and on or before each anniversary of the Commercial
Operation Date during the term of this Agreement, as and for rent of the Premises, One Dollar ($1.00).
3. Solar Facility Construction
(a) Installation. Property Owner hereby consents to the construction and installation of the Solar
Facility, including, without limitation, solar panels, mounting substrates or supports, wiring and connections, power
inverters, service equipment, metering equipment and utility interconnections and in accordance with the PPA and
all applicable laws. To the extent Property Owner is not the fee title owner of the Property, Property Owner shall
obtain such fee title owner's consent and agreement to the construction, installation and operating of the Solar
Facility.
(b) Solar Facility Support. Property Owner acknowledges that the installation of all or a portion of the
Solar Facility may require physically mounting and adhering the Solar Facility to the roofs of the building(s) below
the Premises or to the ground or a combination thereof. Property Owner acknowledges that the portion of the Solar
Facility on the roofs of the building(s) may weigh in the aggregate not more than five (5) pounds per square foot.
Helio may request written acknowledgement from Property Owner, and, if applicable, the fee title owner of the
Property, pertaining to the final structural analysis related to the Solar Facility.
4. Solar Facility Installation, Operation and Ownership
(a) Helio Rights. Helio shall have the right subject to the terms of this Agreement, the PPA and all
applicable laws from time to time during the term hereof
(i) to construct, install and operate the Solar Facility on the Premises;
(ii) to maintain, clean, repair, replace and dispose of part or all of the Solar Facility;
(iii) to add or remove equipment as needed ;
(iv) to access the Premises; and
(N) to perform (or cause to be performed) all tasks necessary or appropriate, as reasonably
determined by Helio, to carry out the activities set forth in this Section 4 and in the PPA.
(b) Transfer of Property. Property Owner acknowledges and agrees that Helio or Helio's affiliate is
the exclusive owner and operator of the Solar Facility, and that the Solar Facility may not be sold, leased, assigned,
mortgaged, pledged or otherwise alienated or encumbered (collectively, a "Transfer") with the fee interest or
leasehold rights to the Property. Property Owner shall not Transfer the Property unless Property- Owner shall have
given Helio at least fifteen (15) days' prior written notice thereof, which notice shall identify the Transferee, the
Property to be so Transferred and the proposed date of Transfer. Property Owner agrees that this Agreement and the
rights granted in Section I of this Agreement shall run with the Property and survive any Transfer of any of the
Property, Property Owner shall cause any Transferee to acknowledge and consent to be obligated under the terms
herein, and acknowledge Helio's rights in the Premises as set forth herein including, without limitation, an
acknowledgement by such Transferee that it has no interest in the Solar Facility and shall not gain any interest in the
Solar Facility by virtue of the Property Owner's Transfer. To the extent that Property Owner is not the fee title
owner of the Propert}, Property Owner shall obtain such fee title owner's consent and agreement to this Section 4(b)
hereof.
5. Access to Premises
Helio will give Property Owner reasonable written or telephonic notice before any entry onto the Premises by
Helio's employees, agents or contractors. Property Owner will make available to Helio access to the Solar Facility
and the Premises for the purposes set forth in Section 4 hereof. Notwithstanding anything to the contrary in this
Agreement, Helio shall be permitted to access the Premises twenty-four (24) hours a day, seven (7) days a week for
emergency purposes, as reasonably determined by Helio. Within twenty-four (24) hours of such emergency access,
Helio shall provide Property Owner with a written explanation of the nature of the emergency. Non-emergency
access shall be limited to normal business hours (i.e., Monday- through Friday, excluding holidays, between the
hours of 7:00 am. and 7:00 p.m.).
2
6. Representations and Warranties, Covenants of Property Owner
(a) Authorization and Validity. Except as otherwise disclosed to Helio in the course of negotiating
the PPA, the execution and delivery by Property Owner of, and the performance of its obligations under, this
Agreement have been duly authorized by all necessary action, do not and will not require any further consent or
approval of an}` other person. and do not contravene any provision of, or constitute a default under, an', indenture,
mortgage or other material agreement binding on Property Owner or any valid order of any court, or regulatory
agency or other body having authority to which Property Owner is subject. This Agreement constitutes a legal and
valid obligation of Property Owner, enforceable against Property Owner in accordance with its terms.
(b) Property Owner's Interest in Property. Property Owner represents warrants and covenants that
Property Owner has law=ful authorization to use and access the Premises in accordance. with the terms of the PPA
and this Agreement.
(c) No Interference with and Protection of Solar Facility. Property Owner represents and warrants to
Helix that there are no circumstances known to Propert) Owner and commitments to third parties that may damage,
impair or otherwise adversely affect the Solar Facility or its construction, installation or function (including
activities that may adversely affect the Solar Facility-'s exposure to sunlight). Property Owner will not initiate,
conduct or permit activities on, in or about the Premises or the Property that have a reasonable likelihood of causing
damage, impairment or otherwise adversely affecting the Solar Facility. Property Owner shall take all reasonable
steps to limit access to the Premises to Helio and Helio's employees, invitees, agents and representatives. Property
Owner shall implement and maintain reasonable and appropriate security measures on the Property to prevent
Propert} Owner's employees, invitees, agents and representatives, and other unrelated third parties, from having
access to the Premises or the Solar Facility, and to prevent from occurring any theft, vandalism or other actions that
have a reasonable likelihood of causing damage, impairment or otherwise adversely affecting the Solar Facility.
(d) -49ormaee Subordination. Property Owner covenants that it will obtain a subordination, non-
disturbance and attornment agreement ("SNDA") from any third party who may in the future obtain an interest in
the Property, including, without limitation, any lenders to Property Owner or any lenders to the fee title owner, as
applicable. Such SNDA shall (i) acknowledge and consent to the Helio's right of access to the Premises, (ii)
acknowledge that such third party has no interest in the Solar Facility and shall not gain any interest in the Solar
Facility by virtue of the parties' performance or breach of this Agreement and (iii) subordinates any lien such third
party may have in and to the Solar Facility and other property that is or may from time to time hereafter be located at
the Property or the Premises.
(e) Utilities. Property Owner shall provide lielio with Station Power during the term of this
Agreement. For purposes of this Agreement, "Station Power" shall mean electric energy consumed in the start-up
and operation of the Solar Facility, which is distinct from the alternating current output of the Solar Facility.
(0 Insolation. Property Owner acknowledges and agrees that access to sunlight ("insulation") is
essential to the value to Helio of the rights granted hereunder and is a material inducement to Helio in entering into
this Agreement. Accordingly, Property Owner shall not permit any interference with insolation on and at the
Premises. Without limiting the foregoing, Property Owner shall not construct or permit to be constructed any
structure on the Property that could adversely affect insolation levels, or permit the growth of foliage that could
adversely affect insolation levels. If Property Owner becomes aware of any potential development or other activity
on adjacent or nearby properties that could diminish the insolation to the Premises, Property Owner shall advise
Hello of such information and reasonably cooperate with Helio in measures to preserve existing levels of insolation
at the Premises. Notwithstanding any other provision of this Agreement, the Parties agree that (i) I--lelio would be
irreparably harmed by a breach of the provisions of this Section 6(f), (ii) an award of damages would be inadequate
to remedy such a breach, and (iii) Helio shall be entitled to equitable relief, including specific performance, to
compel compliance with the provisions of this Section 6(t).
(g) Hazardous Materials. Property Owner represents and warrants that to the best of Property
Owner's knowledge, there are no Hazardous Materials (as defined herein) that would adversely affect the
construction, installation or operation of the Solar Facility. If Property Owner becomes aware of any Hazardous
Materials that would adversely affect the construction, installation or operation of the Solar Facility, Property Owner
3
shall promptly notify I lelio of the type and location of such Hazardous Materials in writing. Property Owner agrees
to assume full responsibility for (and protect, indemnify and defend Helio against) any liability or cleanup
obligations for any contamination or pollution or breach of Environmental Laws related to the Property, unless, but
only to the extent, directly attributable to the actions of Helio, the installation of the Solar Facility and/or the
operation of the Solar Facility. For purposes of this Agreement. "Hazardous Materials" means and includes each
substance designated as a hazardous waste, hazardous substance, hazardous material, pollutant, contaminant or toxic
substance or as designated wit words of similar meaning and regulatory effect under any Environmental Law,
petroleum and petroleum. products or derivatives, and any other substance for which liability or standards of conduct
may be imposed under Environmental Law. Notwithstanding the foregoing, 'Hazardous Materials' shall not include
substances typically used in the ordinary course of developing, operating and maintaining apartment complexes
provided that such substances are used in accordance with all applicable laws. For purposes of this Agreement,
"Environmental Law" means the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. § 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Federal Water
Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C. § 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601
through 2629; and all laws of any governmental authority having jurisdiction over the Property or the Premises
addressing, pollution or protection of the environment and all amendments to such laws and all regulations
implementing any of the foregoing.
(h) Premises Conditions. Property Owner represents and warrants to Helio that Property Owner is
unaware of any Premises conditions or installation requirements (i) that would materially increase the cost of
installing the Solar Facility at the planned locations on the Property or would materially increase the cost of
maintaining the Solar Facility at the Premises over the cost that would be typical or customary for solar photovoltaic
systems substantially similar to the Solar Facility or (ii) that would adversely affect the ability of the Solar Facility
as designed to produce electricit) once installed.
(i) Liens. Property Owner covenants to Helio that it will not cause, create, incur, assume, permit or
suffer to exist any liens (including mechanics', labor or materialman's lien), security interests or other encumbrances
on the Premises that would. affect the Solar Facility. If Property Owner breaches its obligations under this Section
7(i), it shall immediately notify Helio in writing, shall promptly cause such liens to be discharged and :released of
record without cost to 1-lelio, and shall indemnify Helio against all costs and expenses (including reasonable
attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such liens.
7. Term; Event of Default
(a) Tenn. The term of this Agreement shall commence on the Effective Date, and terminate no later
than the date that is 180 days after the termination of the PPA.
(b) Event of Default. If either party hereto fails to cure a material breach of this Agreement within
thirty (30) days after written notice from the non-defaulting Party, such uncured breach shall be an event of default
("Event of Default") under this Agreement; provided, however, that the cure period shall be extended by the
number of days during which the defaulting Party is prevented from taking curative action solely by Force Majeure
if the defaulting Party had begun curative action and was proceeding diligently, using commercially reasonable
efforts, to complete such curative action. Upon the occurrence of an Event of Default, in addition to any other rights
and remedies available to the non-defaulting Party at law or in equity, such non-defaulting Party shall have the
option to terminate this Agreement upon written notice to the defaulting Party.
8. Removal
In accordance with the PPA, Helio shall be entitled to remove the Solar Facility or any part thereof and any related
equipment from the Premises at any time upon reasonable notice to Property Ovvmer, and shall be obligated to
remove the Solar Facility at the expiration or termination of the PPA unless EAH or Property Owner has exercised
its Purchase Option (as defined therein) under the PPA.
4
9. Insurance
Each of Property Owner and I-leiio shall obtain and maintain the insurance coverages required under the PPA.
10. Taxes
Property Owner shall pay all (a) real and personal property taxes relating to the real property on which the Premises
is situated, (b) inheritance or estate taxes imposed upon or assessed against the Premises, or any part thereof or
interest therein, (c) taxes computed upon the basis of the net income or payments derived from the Premises by
Property Owner or the owner of any interest therein, and (d) taxes, fees, service payments, excises, assessments,
bonds, levies, fees or charges of any kind which are adopted by any public authority after the Effective Date.
11. Liability and Indemnity.
(a) NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNI'T'IVE OR INDIRECT DAMAGES, INCLUDING
WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, COST OF CAPITAL OR INCREASED
OPERATING COSTS, ARISING, OUT OF THIS AGREEMENT WHETHE-11 BY REASON OF CONTRACT,
INDEMNITY, STRICT LIABILI'T'Y, NEGLIGENCE, INTENTIONAL CONDUCT, BREACH OF WARRANTY
OR FROM BREACH OF THIS AGREEMENT. THE FOREGOING PROVISION SHALL NOT PROHIBIT
HELIO OR FEE OWNER FROM SEEKING AND OBTAINING GENERAL CONTRAC'T' DAMAGES FOR A
BREACH OF THIS AGREEMENT, The express remedies and measures of damages provided for in this
Agreement shall be the sole and exclusive remedies for a party hereunder and all other remedies or damages at law
or in equity are hereby waived.
12. Assignment.
(a) Neither Party shall assign this Agreement or any of its rights hereunder without the prior written consent
of the other Party except as provided in the PPA.
(b) With respect to an assignment to a financing-transaction assignee of Helio ("Lender"), Property Owner
acknowledges and agrees that, upon receipt of cNmitten direction by a Lender, and any instructions to the contrary
from Helio notwithstanding, Property Owner will recognize Lender, or any third party to whom Lender has
reassigned the rights of Helio under this Agreement, as the proper and lawful Helio of the Premises and as the
proper and lawful successor to Helio with respect to access to the Premises across or through the Property and fully
entitled to receive the rights and benefits of Helio hereunder so long as Lender (or its assignee) performs the
obligations of Helio hereunder. Property Owner shall be protected and shall incur no liability in acting or
proceeding in good faith upon any such foregoing written notice and direction by Lender which Property Owner
shall in good faith believe (1) to be genuine and (2) a copy of which to have been delivered to Helio. Property
Owner shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred
to in any such foregoing notice and direction, but may accept and rely upon them as conclusive evidence of the truth
and accuracy of such statements.
In addition, Property Owner agrees and consents as follows:
(i) Subject to the terms and conditions hereof, Property Owner hereby subordinates any lien it may
have in and to the property- used by Helio in the conduct of its business and which is or may from time to
time hereafter be located at the Premises, and to which Helio has granted or will grant a security interest to
Lender (all such property and the records relating thereto shall be hereafter called the "Collateral") to the
lien of Lender; provided, however, that this subordination shall not prevent Property Owner from
exercising any right or remedy against Flelio to which Property Owner may be entitled under the terms of
the Agreement or as may be provided by applicable law, nor shall it prevent Property Owner from
exercising any lien it may have on an)` property of Helio, including the Collateral, so long as Property
Owner recognizes Lender's prior right to the Collateral described above. Property Owner recognizes and
acknowledges that any claim or claims ("Claims") that Lender has or may have against such Collateral by
virtue of any lien or security interest, is superior to any lien, security interest, or claim of any nature which
Property Owner now has or may hereafter have to such Collateral by statute, agreement or otherwise. The
subordination of lien provided for herein shall be effective until the discharge of the Claims. Property
Owner further agrees to notify any purchaser of the Premises, and any subsequent mortgagee or other
encumbrance holder, of the existence of the foregoing waiver of Property Owner's lien, which shall be
binding upon the executors, administrators, successors and transferees of Property Owner, and shall inure
to the benefit of the successors and assigns of Lender.
(ii) Property Owner consents to Lender's security interest in the Collateral and waives all right of levy
for rent and all claims and demands of every kind against the Collateral, such waiver to continue so long as
any sum remains owing from Helio to the Lender. Property Owner agrees that the Collateral shall not be
subject to distraint or execution by, or to any claim of, Property Owner.
(iii) Property Owner hereby irrevocably agrees and consents to refrain from taking any action to bar,
restrain or otherwise prevent Lender from the Premises and the Property for the purpose of inspecting the
Collateral.
1.3. Amendments
This Agreement may be amended only in writing signed by Helio and Property Owner or their respective successors
in interest, provided, however, if' Property Owner has been notified that Helio has assigned any of its rights, duties
or obligations under this Agreement to a Lender, then the prior written consent of Lender is required as well.
14. Notices
Any notice required or permitted to be given in writing under this Agreement shall be mailed by certified mail;
postage prepaid, return receipt requested, or sent by overnight air courier service, or personally delivered to a
representative of the receiving party, or sent by facsimile (provided an identical notice is also sent simultaneously by
mail, overnight courier, or personal delivery as otherwise provided in this Section 14). All notices shall be deemed
to have been received when delivered in person or (3) three days after being sent by registered or certified mail, or
by overnight air courier service, as provided above. All such communications shall be mailed, sent or delivered,
addressed to the party for whom it is intended; at its address set forth below:
If to Property Owner:
2169 E. Francisco Blvd., Suite B
San Rafael, CA 94901
If to Helio: 25767 Jefferson Avenue
Murrieta, CA 92562
Facsimile: (951) 677-9559
15. Waiver
The waiver by either party of any breach of any term, condition, or provision herein contained shall not be deemed
to be a waiver of such term, condition, or provision, or any subsequent breach of the same, or any other term,
condition, or provision contained herein. Any such waiver must be in a writing executed by the party making such
waiver.
16. Remedies Cumulative
No remedy herein conferred upon or reserved to Helio or Property Owner shall exclude any other remedy herein or
b) law provided, but each shall be cumulative and in addition to every other remedy given hereunder or now or
hereafter existing at lave or in equity or by statute.
6
17. Headings
The headings in this Agreement are solely for convenience and ease of reference and shall have no effect in
interpreting the meaning of any provision of this Agreement.
18. Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California (without regard to its
conflict of laws principles).
19. Binding Effect
This Agreement and its rights, privileges, duties and obligations shall inure to the benefit of and be binding upon
each of the parties hereto, together with their respective successors and permitted assigns.
20. Counterparts
This Agreement may be executed in counterparts, which shall together constitute one and the same agreement.
Facsimile signatures shall have the same effect as original signatures and each party consents to the admission in
evidence of a facsimile or photocopy of this Agreement in any court or arbitration proceedings between the parties.
21. Entire Agreement
This Agreement (including the exhibits, any written schedules, supplements or amendments) along with the PPA
represents the full and complete agreement between the parties hereto with respect to the subject matter contained
herein and supersedes all prior written or oral agreements between said parties with respect to said subject matter.
22. Further Assurances
(a) Additional Documents. Upon the receipt of a vvritten request from the other party, each party shall
execute such additional documents (e.g., PPA and utility interconnection agreement), instruments and assurances
and take such additional actions as are reasonably necessary and desirable to carry out the terms and intent hereof.
Neither party shall unreasonably withhold, condition or delay its compliance with any reasonable request made
pursuant to this section.
(b) Estoppel Certificate. Frorn time to time, upon written request by Helio (or its Lenders), Property
Owner shall provide within ten (10) days thereafter (i) a lien waiver from any party purporting to have a lien,
security interest or other encumbrance on the. Premises, confirming that it has no interest in the Solar Facility, to the
extent that such lien waiver can be reasonably attained or (ii) an estoppel certificate attesting, to the knowledge of
Property Owner, of Helio's compliance with the terms of this Agreement or detailing any known issues of
noncompliance, and making such other representations, warranties, and accommodations reasonably requested by
such Lender.
23. Estoppel
Helio shall, at any time upon not less than ten (10) days prior written notice from Property Owner, execute,
acknowledge and deliver to Property Owner, in any form that Property Owner may reasonably require, a statement
in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the
nature of the modification and certif~r ing that this Lease, as modified, is in full force and effect), (ii) acknowledging
that, to Helio's knowledge, there are no uncured defaults on the part of Property Owner, or specifying such default if
any are claimed and (iii) setting forth all further information that Property Owner may reasonably require. Helio's
statement may be relied upon by any prospective purchaser or encumbrancer of the Premises. Notwithstanding any
other rights and remedies of Property 0-,vner, Helio's failure to deliver any estoppels statement within the provided
time shall be conclusive upon Helio that (i) this Lease is in full force and effect, without modification except as may
be represented by Property Owner and (ii) there are no uncured defaults in Property Owner's performance.
7
24, /Mechanic's Liens
Helio shall pay, when due, all claims for labor or materials furnished for Helio at or for use on the Premises, which
claims are or may be secured by any mechanic's or materialman's lien against the Premises or any interest therein.
Helio shall give Property Owner not less than ten (10) days notice prior to the commencement of any work in, on or
about the Premises, and Property Owner shall have the right to post notices of non-responsibility. If Helio shall
contest the validity of any such lien, claim or demand, then Helio shall, at its sole expense defend and protect itself,
Property Owner and the Premises against the same and shall pay and satisfy any such adverse judgment that may be
rendered thereon before the enforcement thereof. If Property Owner shall require, l4elio shall furnish a surety bond
in an amount equal to one hundred fifty y percent (150%) of the amount of such contested lien, claim or demand,
indemnifying Property Owner against liability for the same. If Property Owner elects to participate in any such
action, Helio shall pay Property Owner's reasonable attorneys' fees and costs.
25. Indemnification
To the fullest extent permitted by law, Helio shall indemnify, protect, save and hold harmless Property Owner, its
agents and, any and all affiliates of Property Owner, from and against any and all claims, liabilities, costs or expenses
arising after the commencement date from Helio's use or occupancy of the Premises, the building or other common
areas, or from the conduct of its business, or from any activity work, or thing done, permitted or suffered by llelio or
its agents, employees, invitees or licensees in or about the Premises, the building or the common areas, or from any
default in the performance of any obligation on Helio's part to be performed under this Agreement, or from any act
or negligence of Ilelio or its agents, employees, invitees or licensees, including without limitation, any
contamination or pollution or breach of Environmental Laws related to the Premises directly attributable to the
actions of hello, the installation of the Solar Facility and/or the operation of the Solar Facility. In addition, if H:elio
becomes aware of any Hazardous Materials that v ould adversely affect the Property, I-lelio shall promptly notify
Property Owner of the type and location of such Hazardous Materials in writing. Property Owner may, at its option,
require Helio to assume Property Owner's defense in any action covered by this Section through counsel satisfactory
to Property Owner. The provisions of this Section shall expressly survive the expiration or sooner termination of
this Lease.
26. . Definition of Property Owner
The term, "Property Owner," as used herein shall mean the owner or oAAmers at the time in question of the fee title to
the Premises. In the event of a transfer of Property Owner's title or interest in the Premises or this Agreement, the
prior Property Owner shall be relieved of all liability with respect to the obligations and/or covenants under this
Lease thereafter to be performed by Property Owner. The obligations and/or covenants in this Lease to be
performed by Property Owner shall be binding only upon Property Owner as hereinabove defined.
27. Limitation on Liability
The obligations of Property Owner under this Agreement shall not constitute personal obligations of Property
Owner, the individual partners of Property Owner or its or their individual partners, directors, officers or
shareholders, and Helio shall look to the Premises and to no other assets of Property Owner, for the satisfaction of
any liability of Property Owner with respect to this Agreement and shall not seek recourse against the individual
partners of Property Owner, or its or their individual partners, directors, officers or shareholders, or any of their
personal assets for such satisfaction.
28. Property Owner's Access; Showing Premises; Repairs
Property Owner and Property Owner's agents shall have the right to enter the Premises at any time, in the case of
any emergency, and otherwise at reasonable times for the purpose of showing the same to prospective purchasers,
lenders or Helios and making such alterations, repairs, improvements or additions to the Premises as Property
Owner may deem necessary, with the exception of such alterations, repairs, improvements or additions that would
interfere with insolation of the Solar Facility. All such activities shall be without liability to Helio and in no event
shall Property Owner make any alterations, repairs, improvements or additions to the Solar Facility.
29. No Right to Holdover
Helio has no right to retain its right of access to the Premises or any part thereof beyond the expiration or
termination of this Agreement. In the event that l-ielio holds over, then Helio shall be liable to Property Owner for
all damages, including, without limitation, consequential damages, that Property Owner suffers from the holdover.
Nothing container herein shall be construed as consent by Property Owner to any holding over by Helio.
30. Severability
The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no
way affect the validity of any other provision hereof.
31. Facsimile Signatures
Facsimile signatures shall be deemed valid as original for all purposes. Digital signatures shall be deerned valid as
original for all purposes provided that such digital signature is capable of verification and is linked to data in such a
manner that if the data is changed, the digital signature is invalidated.
]signature pale to follow]
IN WITNESS WHERE, OF, the parties have executed this Agreement as of the Effective Date.
1-IMU HOLDINGS, LLC;
By:
CECIL
IA P CE HOMES, L.P.
By:
Its: General Partner
Name: Steven Huang
Name: Laura Hall
Title: General Counsel/Vice President of Business
Operations for 1-Ielio Micro Utility, Inc., as authorized Title: Secretary
agent of I ImU Holdings, LLC
10
EXHIBIT C
To be provided upon completion of engineering.
Site Plan
S>= CA 1421 156.3 13
Page 1 of 4
Diane Crane lacopi
From: Bateman, Roy [RBateman@co.marin.ca.us]
Sent: Monday, January 10, 2011 8:27 PM
To: Adams, Susan
Cc: Andy Blauvelt; Crawford, Brian; Thomas, Leelee
Subject: Solar retrofits for EAH properties
Supervisor Adams,
I talked to EAH earlier today. Here's my short summary of the arrangements they've made for installing solar
panels on several of their apartment buildings, followed by an e-mail from EAH which provides more detail. If
you'd like even more detail, please see the attached document, which was prepared by EAH. (Note that in my
summary, I use "EAH" to mean the partnerships established by EAH to own each of these projects. The EAH
summaries distinguish between EAH and its partnerships.)
How does the deal work?
Helio installs the solar system at its expense. The Multifamily Affordable Solar Homes Program (MASH), a
ratepayer-funded program established by the California Public Utilities Commission, will cover roughly 50% of the
cost of the solar panels. Federal solar energy tax credits cover 30% of the cost, and the EAH payment to Helio
for power generated by the solar panels covers the remaining 20% of the cost. EAH agrees to buy power
generated by the equipment for a price which is currently less than the PG&E rate and is expected to remain
below the PG&E rate. After 5 years, it's expected that Helio will transfer ownership of the solar panels to EAH for
no cash outlay. (Technically, EAH has an option to buy the equipment in year 5 at a price which is expected to
equal the MASH Program funds deposited with Helio as EAH's rebatable prepayment of charges for the solar
power.)
What's the benefit to the EAH properties?
After 5 years, EAH expects to take ownership of the solar equipment at no net cost. In the meantime, EAH will be
buying some of its power from the solar installation, but the price will be less than PG&E's rates. (EAH, the
sponsor of these projects, has spent staff time making these arrangements, for which it will not be reimbursed.
But after 5 years, the EAH-managed partnerships that actually own the properties will own the solar panels and
they will get the power they generate for only the cost of maintenance.)
Should Marin aim to replicate this financial arrangement?
In these EAH deals, half the cost of the solar installation is covered by MASH, which was restricted to subsidized
apartments and is no longer available to new applicants. It would make sense to replicate this financial
arrangement in the future only if another subsidy or tax credit program is established in the future that will cover at
least half the cost of solar installations. The legal complexities in setting up this deal are considerable, in many
ways similar to using low-income housing tax credits.
--Roy
Roy Bateman
Community Development Coordinator
Marin County Community Development Agency
mailing address:
3501 Civic Center Drive, Room 308
San Rafael CA 94903
phone (415) 499-6698
fax (415) 507-4061
NOTE OUR NEW OFFICE LOCATION (please do not use for mail):
899 Northgate Drive, Room 408
2/24/2011
Page 2 of 4
San Rafael CA 94903
From: Andy Blauvelt [mailto:ablauvelt@eahhousing.org]
Sent: Monday, January 10, 2011 12:34 PM
To: Bateman, Roy
Subject: Solar retrofits for EAH properties: background information for Jan. 11 BOS agenda
Roy- As requested, I'm writing to provide a summary and some additional background information on
the Subordination, Non-Disturbance and Attornment Agreements we've asked the County to sign for a
number of EAH-affiliated properties we intend to have retrofitted with solar photovoltaic (PV)
equipment by Helio Micro Utility.
How does EAH Housing benefit from the solar retrofits?
EAH Inc. does not benefit economically from the arrangements, but our affiliated properties will be
financially stronger and more stable, which will allow for an increasing amount of money in the property
budgets over time to go back into maintaining and improving the property and serving its residents.
EAH receives no compensation for the deal, and is donating the staff time and third-party costs already
incurred and continuing to accrue, but it's the right thing to do.
EAH's first goal, consistent with our deepening corporate commitment to sustainable development, is to
provide clean solar power to as many properties as feasible. The second goal is to provide our
properties with the benefit of a stable, cost-effective power supply: the predetermined PPA price is
generally lower than current PG&E rates, and is immune from energy price spikes such as those suffered
by properties throughout California in the early 2000's. The Helio deal does that by providing modestly
less expensive power to the properties now, and much less expensive power later, after we exercise the
option to buy out Helio and own the solar equipment outright.
Who pays to install the PV system?
Under the terms of our "Power Purchase Agreement" (PPA) contract, Helio Micro Utility pays all up-
front costs required to install and interconnect a fully operational solar electric system (design,
materials, labor, permitting).
How does Helio get paid?
Helio's return on their investment comes from three sources:
1. State rebates for solar power. Within the overall California Solar Initiative (a.k.a., million solar roofs),
the Cal. PUC established the rate-payer funded Multifamily Affordable Solar Homes rebates specifically
for affordable housing. These very valuable rebates, paid 60 days after the system is up,and running,
pay for over half the initial installation costs.
2. Federal solar tax credits. Section 48 of the federal tax code provides an energy credit worth 30% of
the cost of installation.
3. Revenue from selling power. The PPA requires each property to buy all the solar power produced by
the PV system.
How does the cost of power compare to PG&E?
It's cheaper. The PPA rate paid to Helio is 13.9 cents per kilowatt-hour. That is less than all the subject
properties pay PG&E today. The savings varies quite a bit by property, depending on the property's
configuration and usage - some pay only a slight bit more, others in upper tiers of usage pay triple that
much for power. Furthermore, Helio's rate for solar electricity by contract will rise 3.5% annually, while
over the last several decades, PG&E has raised its rates around 6% annually on average.
2/24/2011
Page 3 of 4
Do the properties eventually get the solar equipment for free?
Yes, more or less. The PPA has a term of 20 years, with an option to buy out Helio after five years
(which is the required minimum ownership term for Helio to keep the federal solar tax credits).
Technically, we must buy the system. But the deal with Helio counts the state MASH rebates as a credit
"paid" to Helio for the "prepayment" of electricity over the 20-year PPA term, which prepayment buys
the price down from some unstated theoretical cost to the 13.9 cents per kWh contract price. When we
exercise the option, Helio must "repay" us for unused prepayment applicable to years 6 through 20 of
the aborted PPA term. The complex formula results in an estimated number. Separately (for tax
reasons), the PPA sets the buy-out price at a number that happens to exactly equal the estimated
repayment of the prepayment so we should be able to take ownership of the equipment after five
years with no money actually changing hands. The mechanics of this provision are very complex, in
response to the requirements of tax law, so please call me if you need further explanation.
If we do not exercise the option, at the end of the 20-year term, we can either tell Helio to remove the
old equipment from our roofs at Helio's cost, negotiate a purchase price for the used equipment, or
negotiate and extension to the PPA.
How much solar power will be generated?
In total, we hope to install up to 400 kilowatts of PV panels (though various technical factors will
certainly bring the final number down considerably). The percentage of solar power supplied at each
property varies from 100% to only a fraction of each property's common-area power needs (community
room, computer learning center, office, laundry, elevator, exterior lights, etc.). The solar arrays on each
property vary greatly depending on specific physical characteristics such as roof form, adjacent trees
and shading, the condition and specifications of the existing electrical supply and other technical
factors. EAH researched the possibility of extending the solar power to resident's units, but the
economic, regulatory and technical hurdles were too great.
So are these affordable housing properties going "off the grid"'.)
No, they will remain fully interconnected to PG&E, which will supply any excess or emergency power
needs.
Can this program be replicated elsewhere in the County?
Sadly, no. Over 50% of the costs are covered by the state MASH rebates, which were available only to
affordable housing and only for a limited time period. MASH funds are now exhausted, and CPUC staff
has strongly indicated they have no intention of getting the program re-funded.
Attached is a four-page guide that provides more detail, should it be desired.
As always, feel free to contact me at any time with questions or comments.
Thanks to you and the County for working with us to make this a reality.
Andy Blauvelt Certified Green Building Professional
Senior Project Manager EAH, Inc. - a nonprofit housing corporation
415-295-8841 2169 E. Francisco Blvd., Suite B
fax: 415-453-3683 San Rafael, CA 94901
ablauvelt@eahhousing.org www.eahhousing.org
"Creating community by developing, managing and promoting quality affordable housing since 1968"
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