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Home My WebLink AboutTC Agd Pkt 2012-12-05TOWN OF TBURON Revised 12-3-12* Tiburon Town Hall Regular Meeting Tiburon Town Council 1505 Tiburon Boulevard December 5, 2012 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 6:45 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:45 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Koffman v. Town of Tiburon CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt Minutes of October 30, 2012 Special Meeting - Closed Session (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt Minutes of November 7, 2012 Regular Meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt Minutes of November 12, 2012 Continued Meeting - Closed Session (Town Clerk Crane Iacopi) 4. Annual Appointments List - Adopt Annual List of Appointments made by Town Council in 2012 pursuant to state law (Town Clerk Crane Iacopi) 5. Public Works Corporation Yard Maintenance - Authorize award of contract for maintenance work at Corporation Yard in 2013 (Director of Public Works/Town Engineer Nguyen) 6. Amendment to Town Manager's Employment Agreement - Recommendation to approve the Fourth Amendment to Town's Manager's Employment Agreement (Town Attorney) 7. Amendment to Town Attorney's Employment Agreement - Recommendation to approve the Fifth Amendment to the Employment Agreement of the Town Attorney (Town Manager) 8. Cecilia Place Housing Agreement - Adopt resolution amending regulatory agreement with Ecumenical Association for Housing (EAH) for Cecilia Place Housing Project (Director of Community Development Anderson) 9. Dissolution of Redevelopment Successor Agency - Recommendation to Adopt a Resolution Terminating the Successor Agency to the Tiburon Redevelopment Agency (Town Attorney Danforth) ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL* 1. Remarks by Outgoing Mayor (Mayor Fraser) 2. Election of Mayor - Vice Mayor O'Donnell will take the Chair to receive nominations for the Office of Mayor and conduct the election. 3. Election of Vice Mayor - The Mayor-elect will conduct the election of Vice Mayor. 4. Town Council Comments - The Council may share any additional comments at this time. TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT Discussion of Meeting Recess (cancellation of December 19, 2012 regular meeting; January 2013 meeting schedule) WEEKLY DIGESTS • Town Council Weekly Digest - November 9, 2012 • Town Council Weekly Digest - November 16, 2012 • Town Council Weekly Digest - November 23, 2012 • Town Council Weekly Digest -November 30, 2012 ADJOURNMENT - Please note: Town Hall will be closed from December 21, 2012 through January 1, 2013. GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing at the public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the Belvedere-Tiburon Library located adjacent to Town Hall (1501 Tiburon Boulevard) during normal business hours prior to the Council meeting. In addition, agendas, minutes and staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Any documents produced by the Town and distributed to a majority of the Town Council regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Council meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920. Closed session and privileged documents are not subject to these requirements. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser,~alled-ff&'-spo--61~.. meeting of the Tiburon Town Council to order at 4:00 p.m. on Tuesdayr,'October 30, 2012, *n Town Council Chambers Conference Room, 1505 Tiburon Boulevard,`\']Ciburon, Califorrp(. ROLL CALI. PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS There were none. Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Attorney Todd Martin Mayor Fraser adjourned the meeting to closed session. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager (continued from October 17, 2012) The Council waived discussion of the performance review and moved on to the litigation item. Councilmember Doyle recused himself and left the room prior to the discussion of the litigation. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Koffman v. Town of Tiburon CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser reconvened the meeting to open session and reported that the Council had continued the performance review to a closed session at the November 7 regular meeting. He said that taken no action was taken on the litigation matter and that it, too, had been continued to a special meeting scheduled for November 26, 2012. Town Council Minutes #AX-2012 October 30, 2012 Page 1 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the special meeting at 5:45 p.m. to the next regular meeting scheduled for November 7, 2012. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #XX-2012 October 30, 2012 Page 2 CC - TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser & the regular`ftwq i ng, of the Tiburon Town Council to order at 7:30 p.m. on Wednesd y, November 7, 2012, in wn Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali ia. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fraser, Fredericks, O'Donnell Doyle Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session and conducted three interviews, as follows: CLOSED SESSION - (5:30 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager (continued from October 30, 2012) Title: Town Attorney INTERVIEWS - (6:45 p.m.) Library Agency Board of Trustees - One Vacancy • Gideon Sorokin • Tom Gram • Jeff Foran ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser said the closed session would be continued but there was no action to report. DRAFT Town Council Minutes #ax -2012 November 7, 2012 Page I ORAL COMMUNICATIONS Local architect and former Mayor, Miles Berger, spoke about the value of the pre-sale inspection process utilized by the Town when a property changes hands. He said that this was sometimes the only time the Town's Building and Planning Departments had a chance to inspect a property and identify what obvious code elements needed to be addressed to bring a property "up to speed". He said that in a community such as this, where property values were high, it gave a cushion of comfort to residents to know that their property values would be protected because surrounding properties would be "up to code." He said the process also increased the credibility of the realtors doing business in this community. In addition, Berger said the Town's Building Department personnel knew how to solve problems that were identified in the inspections. He said that a property owner could go into Town Hall and get answers and solutions, help he said would cost far more if they were to hire an outside consultant. Mr. Berger said that not all communities required a resale inspection and that potential buyers were worse off for it. He gave an example of a family member who was attempting to purchase a property in Berkeley that they found to have several defects which were not subject to inspection by the city during the selling process. Berger commended the "brilliant" staff of the Town's Building Department and said that while resale inspections were not always convenient, in the long run, they were a wonderful thing. PRESENTATION Recognition of Marketing & Communications Task Force members (Mayor Fraser & Councilmember Collins) Mayor Fraser said that recognition of citizen volunteers was one of the fun parts of his job. He said that it was his pleasure to recognize the members of the Marketing & Communications (M&C) Task Force for their efforts to make Tiburon a better place for residents and visitors alike, through a new branding message for the Town and by bringing more vibrancy to the downtown area. Mayor Fraser said that over the past year, the M&C Task Force had met and conducted its meetings with great passion, energy and desire. He recognized the citizen volunteers (Janice Anderson-Gram, Todd Garrett, Michael Koskie, Hank McWhinney, and Colin Probert) with the presentation of a commendation, a key to the city, and a special cap. (Task Force member Patrick Sherwood was absent, attending a family event.) Each member said a few words, and noted that it was a pleasure to work with the group. They also recognized the contributions of Mayor Fraser, Councilmember Collins, and Town Manager Curran (who are also part of the M&C Task Force). DRAFT Town Council Minutes #xx -2012 November 7, 2012 Page 2 The text of the commendation read, "For Outstanding and Truly Dedicated Public Service / MARKETING & COMMUNICATIONS TASK FORCE 2011-2012/ The Town Council heartily commends and thanks the Task Force for the dedicated and enduring effort of its members in developing a branding approach, strategic concepts and marketing plans that will serve as a roadmap to bring new vibrancy to our downtown for the benefit of all residents and will heighten Tiburon's visibility and appeal to visitors from near and far. The Council deeply appreciates M&C's effort and finds it to be Near. Perfect." CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of October 17, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Amendment to Chapter 13D of the Town Code - Adopt ordinance amending Title IV, Chapter 13D regarding Flood Damage Prevention (Director of Community Development Anderson) 3. Volunteer of the Year Commendation - Adopt resolution commending Harvey Rogers upon his appointment as the Tiburon Peninsula Chamber of Commerce 2012 Volunteer of the Year (Town Clerk Crane Iacopi) 4. Streets Maintenance Program - Recommendation to adopt a"'Complete Streets" Policy in order to maintain eligibility for One Bay Area Grant (OBAG) monies (Resolution) (Director of Public Works/Town Engineer Nguyen) 5. Alcopop-Free Zones - Recommendation to adopt a resolution in support of Alcopo-Free Zones and to encourage voluntary restrictions on the sales and marketing of Alcopops (Town Manager Curran) 6. Budget Amendment to Replace Town Computer Network - Approve budget amendment for replacement and installation of Town Hall and Police Department computer network servers (Director of Administrative Services Bigall) 7. Fee Waiver Request - Recommendation to approve fee waiver for Sanitary District No. 5 project (Town Attorney Danforth) MOTION: Moved: Vote: To adopt Consent Calendar Items No. 1 through 7, as written Collins, seconded by Fredericks AYES: ABSENT: Unanimous Doyle DRAFT Town Council Minutes #xx -2012 November- 7, 2012 Page 3 ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointment of Tiburon representative to fill vacancy on Belvedere-Tiburon Library Agency Board of Trustees (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi gave a brief report, noting that there had been a vacancy on the Board since June 30, following the resignation of Dr. Lois Epstein who had served her maximum two- term limit pursuant to the Library Agency By-laws. Crane Iacopi said that the Town had received two applications prior to June but that staff had been directed by Council to hold the applications and re-open the filing period to more citizen interest once the Library's design application process was complete. The Town Clerk said that one more resident had applied before the new deadline, bringing the total to three: Jeff Foran, Tom Gram, and Gideon Sorokin, all of whom had been interviewed by the Council at tonight's meeting. She said that Council could make an appointment tonight or continue to matter to a future meeting. Vice Mayor O'Donnell started the discussion by stating what a pleasure it had been to interview three diverse, yet qualified candidates. He described the strengths of each candidate and said that it was not an easy choice. He said that if it were up to him, he would pick Mr. Foran who, although he was the "new guy" among the candidates, had excellent and relevant experience at the Stanford University Library. He said that it would be ideal to also appoint former Mayor Tom Gram when the next opening on the board arose next year. Councilmember Collins echoed the Vice Mayor's remarks on the high caliber of the candidates. He said he was impressed with Mr. Sorokin. He agreed that Mr. Foran was qualified but not known to the Council prior to this application while Tom Gram certainly was. Collins said that he, too, would be in favor appointing both of these candidates. Councilmember Fredericks concurred with the description of the three candidates. She agreed that the latter two had skill sets that would make a wonderful addition to the Board at this time. She said that while the work of the Library in the near future had less to do with the expansion plan (which would utilize the construction background of Mayor Gram) and more to do with programming (Mr. Foran's strength), she said she was leaning toward the appointment of Tom Gram because of his invaluable experience with the Town, and his extraordinary interest in the Library (in attending meetings and other involvement). She said that Mr. Foran had indicated that he would be interested in applying for a second opening on the Board in 2013, if not appointed tonight. Councilmember Collins added that Gram possessed great leadership skills, in addition to a working knowledge of committees and boards, as well as being a lawyer in the construction field. DRAFT Town Council Minutes #xx -2012 November 7, 2012 Page 4 Mayor Fraser echoed the comments of Councilmembers Collins and Fredericks. He said that Tom Gram had experience in building consensus and bringing parties together, a quality he felt would also be important. He also said that Gram was a "big picture" individual whose skills would be useful to the Library at this time. Mayor Fraser opened the matter to public comment. There was no public comment. MOTION: To appoint Tom Gram to the Library Agency Board of Trustees Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - October 19, 2012 • Town Council Weekly Digest - October 26, 2012 • Town Council Weekly Digest - November 2, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 7:55 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 November 7, 2012 Page 5 « -3 CALL TO ORDER TOWN COUNCIL MINUTES Mayo aser called the conlinuedmeeting of the Tiburon Town Council to order at 5:00 p.m. on Mo day, November 12, 2012, in wn Council Chambers Conference Room, 1505 Tiburon Boul&vard, Tiburon, California. PRESENT: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, ORAL COMMUNICATIONS There were none. Mayor Fraser adjourned the meeting to closed session. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager (continued from November 7, 2012) Title: Town Attorney (continued from November 7, 2012) ADJOURN TO OPEN SESSION CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser reconvened the meeting to open session. He said there was nothing to report. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 6:45 p.m. to the next regular meeting scheduled for December 5, 2012. JIM FRASER, MAYOR Town Council Minutes #XX -2012 November 12, 2012 Page 1 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xx -2012 November 12, 2012 Page 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting December 5, 2012 Agenda Item: Recommendation to Adopt Annual Local Appointments List (9~~ Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and State Law (Government Code Section 54972), the Town Council is required to adopt and publish a list of local appointments it has made to boards and commissions during the year, prior to December 31 of each year. The list is then posted at the Town Hall and a copy is sent to the Belvedere-Tiburon Library for public review. A list of appointments made by the Town Council for the period January through December 2012 is attached for Council's adoption. In January 2013, staff will return to the Council with the Town Council Committee Appointments list for revisions, following tonight's reorganization of the Council. RECOMMENDATION Staff recommends that the Town Council: Adopt the annual local appointments list for January through December 2012. Exhibits: 1) Local Appointments List January through December 2012 2) Town Council Committee Appointments 2012 Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON LOCAL APPOINTMENTS LIST Period Covered = January through December 2012 (Pursuant to Govt. Code Section 54972) Commission Incumbent Date Term Expires Qualifications Appointed PLANNING Tiburon COMMISSION Resident John February 2004; February 2013 Kunzweiler March 2005; reappointed March 2009 John June 2008; February 2014 Corcoran reappointed March 2010 Jon Welner Apptd. February 2014 [replaced January 2012 Frank Doyle] Erin Tollini January 2010; February 2015 March 2011 Lou Weller June 2011; February 2016 reappointed February 2012 DESIGN REVIEW Resident of BOARD Tiburon Peninsula Bryan Chong March 2008; February 2016 reappointed February 2012 Michael June 2008; February 2016 Tollini reappointed February 2012 John March 2009; February 2015 Kricensky March 2011 Linda July 2010 February 2015 Emberson For publication in December2012 Greg Johnson September February 2013 [replaced Lou 2011 Weller] OPEN SPACE PARKS 5 Members; 1 , can be from & TRAILS Belvedere or (fonned pursuant to Town Tiburon Council Resolution No. Peninsula 22-2008) Peter Winkler June 2008; February 2015 March 2011 Michael June 2008; February 2016 McMullen reappointed February 2012 Phillip June 2008; February 2016 Feldman reappointed February 2012 Robert March 2010 February 2014 McDermott Park Allen May 2010 February 2014 HERITAGE & ARTS Resident of COMMISSION Tiburon Peninsula; up to two can be residents of Belvedere Dave Gotz May 2001; February 2014 February 2002; February 2006; March 2011 Jaleh Etemad March 2010; February 2014 resigned May 2012 Francella Hall October 2012 February 2014 [replaced Jaleh ] For publication in December2012 Azita de October 2010 February 2014 Mujica Elizabeth Apptd. June February 2013 Merrill 2012 [replaced Anne Thull] Marlene Rice March 2007; February 2015 March 2011 Ric Postle April 2010; February 2015 March 2011 Daniel Amir Apptd. February 2016 [replaced February 2012 Patricia Navonne] Victoria Commissioner Arnett Emeritus (9/02) NEW: BUILDING Formed CODE APPEALS pursuant to BOARD (BCAB) Town Council Resolution 34-2011 Mark February 2012 February 2015 Swanson Dave April 2012 February 2015 Kallmeyer Jerry April 2012 February 2014 Thompson Chuck April 2012 February 2013 Clemons Rich Ostaggi June 2012 February 2013 JOINT RECREATION Jerry Riessen October 1992; February 2013 3 Tiburon COMMITTEE February 1999; Residents For publication in December2012 (Joint Powers Agreement February 2003; (City of states that terms shall be February 2007; Belvedere & for two years; Town March 2011 RUSD make Council previously made separate four-year appointments appointments) but has updated its procedure; also in 2012 the By-laws were revised to add 2 new voting members--a council member from Tiburon and Belvedere) Nuria Ibars Apptd. October February 2014 [replaced 2012 Tina Warren] Jane Jacobs Nov. 2008; February 2013 March 2011 Howard December December Block 2009 2011 (RUSD) - as of 2012, RUSD no longer has a representative on the comittee Jim Fraser January 2010; (TC liaison) Appointed ag Voting Member June 2012 DISASTER ADVISORY No set term Tiburon COUNCIL limit Resident; Belvedere & RUSD make separate appointments For publication in December2012 Ellen Rony February 2003 One Tiburon Vacancy Jim Fraser January 2010 (TC liaison) BELVEDERE/TIBURON Tiburon LIBRARY BOARD OF Resident; TRUSTEES Belvedere makes separate appointments/ RUSD appt. is ratified by both Councils Ric Postle June 2011 June 2014 Tom Gram Apptd. June 2015 [replaced November Lois Epstein] 2012 Lois Epstein May 2006; June 2012 reappointed June 2009; resigned June 2012 (term limit) Beverlee June 2007; June 2013 Johnson reappointed June 2010 Ann Alywn June 2010 June 2013 (RUSD) MARIN COMMISSION Allan Bortel April 2002; June 2014 Tiburon ON AGING June 2002; resident (over (Each of the 11 cities and June 2005; age 60) towns in Marin County June 2008; has an appointment to the June 2011 Commission on Aging) (3-year ten-n) For publication in December2012 HILARITA-TIBURON Carolyn Grey October 2009 No set limit Resident and REPRESENTATIVE (Tiburon interest in appointment affordable to Board of housing issues Directors) and knowledge of Town's policies on affordable housing TOWN HISTORIAN Branwell August 1999 No set term Resident Fanning limit TOWN TREASURER William January 1998 No set term Resident - Osher limit Financial Background [see Town Code] TOWN ARTIST See H&A LAUREATE Guidelines Jaleh Etemad Apptd. August 2016 [replaced September Mary 2012 Musalo] Mary Musalo August 2008; August 2012 See H&A [resigned at guidelines... end of term MOSQUITO Col. Roger 1994; January Law no longer Resident ABATEMENT BOARD Smith 1999 (for term ending 12/98); requires an appointed January 2003 representative; (for term Col. Smith has ending 12/02); offered to Dec. 2006; continue to serve (until Dec. 2010 2014). For publication in December2012 TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2012 1. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Jim Fraser, Delegate Emmett O'Donnell, Alternate 2. MARIN ENERGY AUTHORITY BOARD OF DIRECTORS (Meets Pt Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael) Dick Collins, Delegate Emmett O'Donnell, Alternate 3. PRIORITY-SETTING COMMITTEE FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (CDBG' (Meets twice a year in Marin City and at Civic Center) Frank Doyle, Delegate Jim Fraser, Alternate 4. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) • State Director, representing North Bay Division (elected July 2008; re- elected 2010; resigned July 2012) • Executive Committee, North Bay Division • Voting Delegate for Town of Tiburon • Transportation, Communication & Public Works State Policy Committee - (2-year appointment by League President) Alice Fredericks 5. INSTITUTE FOR LOCAL GOVERNMENT (ILG) BOARD OF DIRECTORS (Research affiliate of California State Association of Counties & League of California Cities) (Meets quarterly; meetings rotate between Northern & Southern California) Director (apptd by League of CA Cities Board of Directors) [resigned July 2012] Alice Fredericks 6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI) Local Governments for Sustainability (Meets IS` Thursday, San Rafael City Hall) Laurie Tyler, Staff Liaison & voting board member (Mann Climate Energy Partnership) 7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin Dick Collins, Alternate Capt. David Hutton, 2nd Alternate Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and July 18, 2012 Page] of 4 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2"d Wednesday from 7-9 p.m., San Rafael City Hall) Jim Fraser, Delegate Frank Doyle, Alternate 9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Emmett O'Donnell, Delegate Jim Fraser, Alternate 10. TRANSPORTATION AUTHORITY OF MARIN BOARD OF DIRECTORS (Meets monthly on 4th Thursday at 7: 30 p.m. - Board of Supervisors Chambers, Civic Center) [Four year terms, effective May 1, 2008] Alice Fredericks, Delegate Dick Collins, Alternate • Fredericks serves as the cities' Southern Marin Representative to the TAM Executive Conu-nittee • Fredericks serves as TAM's representative to MCCMC • Fredericks serves on the TAM Legislative Committee • Fredericks was appointed to serve on the SB 375 Marin SCS Ad Hoc Committee formed by TAM in February 2011; she was reappointed by the Town Council on July 18, 2012 - • Fredericks was elected Chair of TAM in 2011 12. CITIZEN'S ADVISORY COMMITTEE OF THE WATER EMERGENCY TRANSIT AUTHORITY (Meetings scheduled as needed) Emmett O'Donnell, Delegate Alice Fredericks, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2" d Tuesday from 4:00 - S: 30 p.m. in the Town Council Chambers) Jim Fraser, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (Meets bi-monthly on 3rd Monday in the Town Hall Communiti.~ Room) Jim Fraser, Town Council Voting Member [appointed June 2012] Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and Julv 18, 2012 Page 2 of'4 III. TOWN AD HOC COMMITTEES (Meetings scheduled as needed) 1 2012-2013 BUDGET i. Alice Fredericks ii. Jim Fraser 2 CART i. Jim Fraser ii. Frank Doyle 3 DOWNTOWN REVITALIZATION i. Dick Collins ii. Jim Fraser 4 MARTHA PROPERTY APPLICATIONS i. Dick Collins ii. Alice Fredericks 5 NED' S WAY PROJECT i. Jim Fraser ii. Emmett O'Donnell 6 LEGISLATIVE ACTION i. Alice Fredericks ii. Dick Collins 7 LITIGATION i. Alice Fredericks ii. Dick Collins 8 LYFORD DRIVE PARKING i. Dick Collins ii. Emmett O'Donnell 9 AFFORDABLE HOUSING [appointed March 2012] i. Alice Fredericks ii. Dick Collins Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and Julv 18, 2012 Page 3 of 4 V. MCCMC APPOINTMENTS • Elected by MCCMC Golden Gate Bridge, Highway & Transportation District Board of Directors (Meets 2"d & 4`" Fridays at10 a.m., GGBHTD offices) Alice Fredericks • Town Appointments to MCCMC Committees 1. Legislative Committee (Meets4thd Monday at 8:00 a. m., San Rafael City= Hall) Alice Fredericks (also serves as Chair) [Vacant], alternate 2. JPA Oversight Committee (Meetings scheduled as needed) Jim Fraser, delegate [Vacant], alternate VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee- (Meetings scheduled as needed) Nicholas Nguyen Chad Monterichard, Alternate Marin County Hazardous & Solid Waste JPA (Meets quarterly) Town Manager Peggy Curran Marin Green BERST (Green Building Energy Retrofit and Solar Transformation Collaborative) (Meetings scheduled as needed) John Kunzweiler, delegate (Planning Commissioner) Emmett O'Donnell, alternate Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and July 18, 2012 Page 4 of 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting December 5, 2012 Agenda Item: Cr JS- Recommendation to Award the 2012 Corp Yard Renovation Project to Peterson-Mullin Construction The Department of Public Works recently solicited bid quotations from local general contractors to complete minor renovations to the Corp Yard Building. These improvements include new paint on the office building and vehicle bay shelter, new windows and a new staircase roof and new chain link fencing. These improvements will improve the look of the Corp Yard. ANALYSIS Public Works was fortunate to receive four (4) bid quotations with the following results: 1. Peterson-Mullin Construction: $48,750 2. Caletti Jungsten: 74,324 3. Ireland-Robinson & Hadley: 63,940 4. Metro Construction: 72,752 The budget for this work is $50,000. Peterson-Mullin was the only firm to come in under budget. As this work is fairly straightforward, a large contingency is not required, so the remaining funds of $1,250 should suffice for this purpose. If awarded staff anticipates a start day of December 17 with work taking approximately 20 working days to conclude on or about January 17. FINANCIAL IMPACT The budget for FY 2012-13 programs $50,000 for Corp Yard renovations. Based on the bid of $48,750, funds are available to cover this work. RECOMMENDATION Staff recommends that the Town Council: Move to approve the award of contract for the 2012 Corp Yard Renovation Project to Peterson-Mullin Construction in the amount of $48,750 and use the remaining amount of $1,250 as contingency funds. Prepared By: Matthew Swalberg, Engineering Technician TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Town Attorney's Office Town Council Meeting December 5, 2012 Agenda Item: Recommendation to Adopt and Authorize the Mayor to Execute the Fourth Amendment to Town Manager's Employment Agreement On October 17 and November 7, 2012 the Town Council met in closed session to conduct an evaluation of Town Manager Peggy Curran. In recognition of her outstanding service, the Council offered a contract amendment that would provide a one-time payment of $7,500, as incentive to continue in the Town's employ. The Manager's original 2006 agreement provided financial assistance to enable her to live near the Town. The agreement further provided that loan repayment would be due and payable within six months of the Manager's separation from Town service or if the property ceased to be her primary residence. The housing market has changed dramatically since 2006 and the sale of a home can take a year or more. To reflect this changed market, the contract amendment would also allow greater flexibility in repaying the loan, including a repayment period of up to two years. FINANCIAL IMPACT The adopted municipal budget for the Administrative Services Department can accommodate the proposed modification to the Town Manager's compensation. RECOMMENDATION Move to authorize the Mayor to execute the attached Fourth Amendment to the Town Manager's Employment Agreement. Exhibits: Fourth Amendment to Employment Contract Prepared By: Ann R. Danforth, Town Attorney FOURTH AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of , by and between The Town of Tiburon ("Town") and Margaret A. Curran ("Employee"). RECITALS A. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective October 2, 2006 and amended effective October 2, 2007, October 2, 2008 and July 1, 2009 ("Manager's Agreement"). B. The Town Council has conducted annual performance evaluations of Employee as set forth in the Manager's Agreement and is very pleased with Employee's performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar agencies. C. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Town Manager, and to motivate continued excellent performance, the Council has decided to modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. D. Pursuant to Section 4.5(a) of the Manager's Agreement, the Town has loaned $800,000 to Employee secured by a deed of trust in second position on her primary residence, which loan is to be repaid within six (6) months of Employee's separation from Town employ. The Council recognizes that the current housing market may render it impractical to repay the loan within this time period and therefore has decided to extend the repayment period as set forth in this Amendment. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. One-Time Retention Allowance. Section 4.8 of the Manager's Agreement is hereby amended to read as follows: To maintain a compensation level competitive with other jurisdictions given Employee's demonstrated skill level and to encourage her continued excellent service, Employee is granted a one-time cash payment of Seven Thousand Five Hundred dollars ($7,500) which shall be paid directly to Employee or directed to her 457 Deferred Compensation Account at her discretion. The Town shall pay this allowance within 15 days of this Amendment. The Council shall not be obliged to grant similar allowances in the future. However, in conjunction with future performance evaluations, the Town Council may, in its sole discretion, consider whether Employee's demonstrated skill level and the compensation practices of similar employers for similar positions warrants payment of a future retention allowance or allowances. 2. Mortgage. Section 4.5(a) of the Manager's Agreement is hereby revised to read as follows: (a) Mortgage. The Town shall provide a second mortgage secured by a deed of trust in no less than a second position on Employee's primary residence (`Manager's Residence") in an amount up to $800,000.00, payable monthly on an interest only basis. The rate will be the same as the LAIF rate and will be adjusted accordingly each year on the anniversary date of the loan. Notwithstanding the foregoing, in no event shall the interest rate exceed 5.5 % annually. Employee will be required to maintain equity of 20% or greater in the Manager's Residence securing the first and second mortgages throughout the life of the loan. Monthly payments will be made through an automatic payroll deduction. The loan shall be fully due and payable (1) sixty days after the Manager's Residence ceases to be Employee's primary residence, unless the property is listed for sale, in which event the repayment is due at close of escrow or (2) within one year of Employee's termination as Town Manager whether the action is voluntary or otherwise; however, this due date shall be further extended for a period of up to one additional year upon presentation by Employee of evidence that the residence is listed for sale and Employee is engaged in a good faith effort to sell the property. 3. Manager's Agreement Otherwise Unchanged. Except as expressly modified by this Amendment, the Manager's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this Fourth Amendment to the Manager's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON: APPROVED AS TO FORM Mayor, Town of Tiburon EMPLOYEE Margaret A. Curran Town Manager, Town of Tiburon Ann R. Danforth Town Attorney, Town of Tiburon 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting December 5, 2012 Agenda Item: (-i Recommendation to Adopt and Authorize the Town Manager to Execute the Fifth Amendment to the Town Attorney's Employment Agreement On November 12, 2012, the Town Council met in closed session to conduct its annual evaluation of the Town Attorney. At the conclusion of that meeting, the Council decided to offer an increase of one percent (1%) to her compensation to acknowledge her continued excellent service to the Town. Normally, all Town contracts are approved as to form by the Town Attorney pursuant to Section 3A-2(b) of the Municipal Code. However, the code also allows the Town Manager to dispense with this requirement where I find that there are special circumstances such that the Town's interest in entering into the contract on an expedited basis renders it impractical to obtain legal approval as to form. I have made this finding. The Town Attorney cannot approve a contract to which she is a party. Retaining outside counsel would be impractical and contrary to the Town's interest given the very limited scope of this amendment. FINANCIAL IMPACT The Town Attorney works a part-time schedule of 75% of a standard work week, and her salary and benefits are pro rated accordingly. Her current base salary (100% of her salary) is $173,640, which would increase to $175,368 with this change. Given the Town Attorney's 75% status, the proposed adjustment would increase of her annual salary from its current level of $130,224 to $131,520. This increase can be absorbed within the Administrative Services Department budget. RECOMMENDATION Staff recommends that the Town Council: Move to authorize the Town Manager to execute the attached Fifth Amendment to the Town Attorney's Employment Agreement. Exhibits: Fifth Amendment to Employment Contract Prepared By: Peggy Curran, Town Manager FIFTH AMENDMENT TO TOWN ATTORNEY'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN ATTORNEY'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of July 1, 2012 by and between The Town of Tiburon ("Town") and Ann R. Danforth ("Employee"). RECITALS A. On December 15, 19951 the Town and Employee entered into a letter agreement ("Original Agreement") that retained Employee as Town Attorney for the Town, beginning on January 22, 1996. Employee has ably served as the Town Attorney since that date. On March 18, 1998, the Town and Employee amended the Original Agreement by a memorandum providing for Employee's continuing as Town Attorney on a seventy- five percent work schedule on an indefinite basis. B. Effectively July 1, 2001, the parties entered into a new agreement that superceded and replaced the Original Agreement and amendment ("Attorney's Agreement"). The parties subsequently amended the Attorney's Agreement on November 16, 2005, February 7, 2007, January 12, 2008 and November 19, 2008. C. The Town Council has conducted annual performance evaluations of Employee as set forth in the Attorney's Agreement and is well satisfied with Employee's Performance. The Council finds that the Employee has demonstrated legal and management skills that compare favorably to persons holding similar positions in similar agencies. D. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Town Attorney, the Council has decided to further modify the Employee's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: H: (EVALUATIONS-ConfidentiahTown Atty Employment Ag 12-6-12 Amend S.doc 1 1. Base Salary (a) Section 4.1 of the Attorney's Agreement shall be amended to read as follows: 4.1 Base Salary. Employee shall receive a base salary of One Hundred, Seventy-Five Thousand, Three Hundred and Sixty-Eight Dollars $175,368) per year. 2. Attorney's Agreement Otherwise Unchanged. Except as expressly modified by this Amendment, and the previous amendments described herein, the Attorney's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment to the Attorney's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON: By: Margaret A. Curran Manager, Town of Tiburon EMPLOYEE Ann R. Danforth H: (EVALUATIONS-ConfidentiabTown Atty Employment Ag 12-6-12 Amend 5.doc 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Town Council Meeting December 5, 2012 Agenda Item: , Community Development Department & Town Attorney's Office Amendment to Regulatory Agreement with Ecumenical Association for Housing (E~AH) Regarding the Cecilia Place Housing Project---Resolution The Ecumenical Association for Housing (EAH) owns and operates the Cecilia Place senior housing project located at 321 Cecilia Way in Tiburon. The project was developed in the 1990's with Tiburon Redevelopment Agency assistance and continues to provide 15 low- and very-low income dwelling units for senior citizens. Under the terms of a 1995 Regulatory Agreement, the Tiburon Redevelopment Agency requires EAH to perform annual "recertification" of income eligibility by the tenants. Recent changes in federal and state regulations have eliminated the requirement for formal recertification of income eligibility after the second year of tenancy. EAH is requesting that Tiburon, by amending the 1995 Regulatory Agreement, also agrees to discontinue the income recertification requirement after the completion of the second year of tenancy (see Exhibit 2). ANALYSIS Under the proposal, Cecilia Place residents would continue to be income qualified upon move-in and at the first year anniversary of move-in, but formal income recertification would be waived after that time. The change would decrease compliance and monitoring costs for EAH but would comply with federal and state regulations and policies. EAH indicates there are two major factors that render ongoing annual compliance verification to be redundant for this project. First is the elderly senior citizen make-up of the residents, which greatly reduces the likelihood of significant income increases. Second, Cecilia Place is a low and very-low income project, wherein most residents already qualify for Section 8 housing vouchers and therefore would easily meet income qualifications set forth in the provisions of Section 3.1 (page 8 of the 1995 Regulatory Agreement), which is attached as Exhibit 3. Town staff sees little to no possibility of abuses resulting from the proposed changes in the Regulatory Agreement. TOWN OF TIBURON PAGE 1 OF 2 In addition to modifying the income recertification clause of the Agreement, Town Staff is taking the opportunity to update the document to reflect the dissolution of redevelopment agencies within California and to change all references to the "Tiburon Redevelopment Agency" to the "Town of Tiburon" throughout the Agreement. RECOMMENDATION Staff recommends that the Town Council adopt the resolution (Exhibit 1) approving the Amendment to Agreement and authorizing the Town Manager to execute and record it. Exhibits: 1) Resolution with form of Amendment to Agreement attached. 2) Letter from EAH dated November 5, 2012. 3) 1995 Regulatory Agreement Prepared By: Scott Anderson, Director of Community Development Ann Danforth, Town Attorney RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, ACTING AS SUCCESSOR AGENCY TO THE HOUSING FUNCTIONS OF THE TIBURON REDEVELOPMENT AGENCY, APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE ECUMENICAL ASSOCIATION FOR HOUSING Recitals The Town Council of the Town of Tiburon, acting as the successor agency to the Tiburon Redevelopment Agency, does hereby find as follows: 1. October 23, 1995, the Tiburon Redevelopment Agency ("Agency") and the Ecumenical Association for Housing ("EAH") entered into a Regulatory Agreement and Declaration of Restrictive Covenants ("Agreement") regarding certain real property being developed by EAH with financial assistance from the Agency ("Project"). This Agreement was recorded on October 27, 1995. 2. The Project qualified for low income housing tax credits administered by the California Tax Credit Allocation Committee and EAH has used the Project for affordable housing since its completion. 3. Article 3, Section 3.1 of that Agreement required, among other things, EAH to obtain, complete and maintain on file an annual income certification from each tenant renting a unit on the property as required to maintain eligibility for the aforesaid tax credits. 4. In 2008, federal legislation changed several provisions of the low income housing tax credit program, including the requirement for ongoing of annual income certification by owners of 100% tax credit projects. EAH has requested amendment to the Agreement in order to implement said changes, conform to the policies administered by the California Tax Credit Allocation Committee and reduce compliance monitoring costs. 5. On June 28, 2011, California enacted AB XI 26, which provided for the dissolution of redevelopment agencies in the state. Dissolution became effective on February 1, 2012 (the "Dissolution Date"). On June 27, 2012, California adopted AB 1484 to further detail the dissolution process. AB XI 26 and AB 1484 are collectively referenced herein as the "Dissolution Statutes." 6. On January 18, 2012, the Town Council adopted Resolution No. 03-2012, assuming the Agency's housing functions and assets, as provided by the Dissolution Statutes. SAAdministration\Town Council\Staff Reports\2012\December 5 Drafts\Resolution on EAH Agreement.doc E -TTEIT NO.____~ NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon, acting in exercise of the housing functions of the former Agency, as follows: 1. The facts set forth in this Resolution are true and correct. 2. The Town Council hereby approves the amendment to the Regulatory Agreement and Declaration of Restrictive Covenants and authorizes the Town Manager to execute and record said amendment on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: , MAYOR Town of Tiburon ATTEST: DIANE CRANE, TOWN CLERK SAAdministrationJown Council\Staff Reports\2012\December 5 Drafts\Resolution on EAH Agreement.doc 2 RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Town Clerk No fee for recording pursuant to Government Code Section 27383 AP # 034-351-15 THIS SPACE FOR RECORDERS USE ONLY AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS CECILIA PLACE SENIOR HOUSING PROJECT 321 CECILIA WAY TIBURON, MARIN COUNTY, CALIFORNIA I OF 4 AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, is made and entered into this day of , 20 by and between the Town of Tiburon ("Town"), a municipal corporation that has assumed the housing functions of the Tiburon Redevelopment Agency "Agency"), and the Ecumenical Association for Housing ("EAH"), a California nonprofit public benefit corporation. SECTION 1. RECITALS. WHEREAS, on October 23, 1995, the Agency and EAH entered into a Regulatory Agreement and Declaration of Restrictive Covenants ("Agreement") regarding certain real property being developed by EAH with financial assistance from the Agency. Said Agreement was subsequently recorded on October 27, 1995 as serial number 1995-0051661 at Marin County Records, and the development was subsequently completed and occupied as affordable housing after qualifying for low income housing tax credits administered by the California Tax Credit Allocation Committee; and WHEREAS, Article 3, Section 3.1 of that Agreement required, among other things, EAH to obtain, complete, and maintain on file an annual income certification from each tenant renting a unit on the property; and WHEREAS, the enactment of the federal Housing and Economic Recovery Act of 2008, also known as HR 3221, resulted in changes to several provisions of the low income. housing tax credit program, including the requirement for continuance of annual income by owners of 100% tax credit projects; and WHEREAS, EAH has requested amendment to the Agreement in order to implement the changes created by HR 3221, conform to the policies administered by the California Tax Credit Allocation Committee, and reduce compliance monitoring costs; and WHEREAS, the Agency was dissolved by statute effective February 1, 2012 and the Town has assume the Agency's housing functions. SECTION 2. AMENDMENT. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. All references to the "Tiburon Redevelopment Agency" shall mean the Town of Tiburon. All references to the "Agency" shall be changed to "Town." 2OF4 II. Article 3, Section 3.1 of the Regulatory Agreement and Declaration of Restrictive Covenants dated October 23, 1995 is amended to read as follows: 3.1 Income Certification. The Developer will require income certification as set forth in this section. a) The Developer will obtain, complete, and maintain on file, immediately prior to initial occupancy and on the first anniversary of initial occupancy, income certifications from each Tenant renting any of the Units in substantially the form approved by the Agency. For the initial occupancy and second year of occupancy verifications, the Developer shall make a good faith effort to verify that the income provided by the applicant or occupying household in an income certification is accurate by taking two or more of the following steps as part of the verification process: (a) obtain a pay stub for the most recent pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain an income verification form from the applicant's current employer; (e) obtain an income certification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (f) obtain another form of independent verification. b) Prior to the second anniversary of initial occupancy and each anniversary thereafter, Developer shall obtain from each Tenant, and maintain on file, a certification of household income, in substantially the form approved by the Agency. Copies of Tenant income certifications shall be available to the Agency upon request. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. ECUMENICAL ASSOCIATION FOR HOUSING, a California nonprofit public benefit corporation By: Its: 3 OF 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Marin County of On~&-)- cP~49.2C iZ before me, P. Bohm, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared ,ALL. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose nam%ay is/are subscribed to the within instrument and acknowledged to me that .Ifthe/tj ey executed the same in Wher/theiF authorized r P. BOHM capacity4es), and that by hWher/tiwir signature(sy on the COMM. NiSS0787 D instrument the erson ••d NOTARY FUSUC: MFOFM P (5~), or the entity upon behalf of 1 MARIN COUNTY 0 which the person(, acted, executed the instrument. My Corn. Ex*m June 7A, M13 1 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. SignatureC~ ' Y Place Notary Seal Above Signature of Notary Public OPTIONAL N Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: a kA A (I I ❑ Individual Corporate Officer -Title (s): c 3_eto-W~A ❑ Partner- ❑ Limited ❑ General 1 ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LL 6 . I Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 TOWN OF TIBURON a Municipal Corporation and Successor Agency to the Tiburon Redevelopment Agency By: Margaret A. Curran Its: Town Manger Approved as to Form: Ann R. Danforth Town Attorney S:1PlanninglRegulationslRedevelopment RgencytEAHAgreement am 11-14-12 and rev 11-15-12.doc 4OF4 E A H A Y 0 N I' It 0 f 1 1 H 0 U s 1\ l: t: O tt 1' 0 It A '1 1 0 n' Management Company November 5, 2012 Margaret Curran, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RE: Cecilia Place Hoines (low income senior apartments - 321 Cecilia v✓ay) Dear Ms. Curran: Phone: 415.383-1321 Fax: 415.389.8917 TDD: 1.800.735.2929 SM-Manager@eahhousing.org L NOV 0 8 2012 ~I PLANNING DIVISION I am contacting you today regarding a change to our Cecilia Place regulations and to seek approval from the Town of Tiburon for us to replace our annual re-verification of residents income and assets with a self-certification. With the passage of HR 3221 on July 30, 2008, the requirement for continuance of annual income recertifications for owners of 100% tax credit projects, beyond initial move-in income certification was abolished. The CA Tax Credit Allocation Committee (CTCAC) issued a 2009 Policy Memo to allow owners and managers to waive the annual certification of households after the first year {see attached notice). It is EAH, Inc.'s intention to fully comply with all CTCAC policies and procedures by providing all owners and funding entities the opportunity to waive the annual recertification requirement. Residents would continue to be income qualified upon move in and first year anniversary, including requirement of third party verification. If an owner, tax credit investor and other regulating agency waives the need for annual recertifi cations, residents would only be required to self-certify household income after the first year annual recertification (Year 3 and beyond). Waiving the annual household income certification after the first year anniversary will decrease compliance monitori ng costs for our properties. Mlaiving the annual household income certification after the first year anniversary will also allow property staff to focus more closely on providing other services to our residents. Satisfied, happy residents move less often, increasing occupancy, decreasing unit turnover and their associated costs, thereby increasing Net Operating Income (NOI} and Owner's Return on Investment {ROI}. Will the Town of Tiburon allow EAH to discontinue annual recertifications for year 3 and beyond? Thank you in advance for your response. Sincerely, Cheryl Ross, Property Manager Cc: Scott Anderson, Community Development Director PROPERTY MANAGEMENT OFFICE: CECILIA PLACE 321 Cecilia Way. Tiburon. CA. 94920 121 T N EOOAL HDMWG • S .L l.. ~ .Y i • V OYVOPTOHITY STATE OF CALIFORNIA CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE 915 CAPITOL MALL ROOM 485 P 0 BOX 942809 SACRAMENTO, CA 94209-0001 TELEPHONE (916) 654-6340 FAX (916) 654-6033 William J. Pavtio =xecutrve Director March 9, 2009 POLICY MEMO 09-01 REVISED 711109 T0: Low Income Housing Tax Credit Property Owners and Managers MEMBERS: Bill lockyer, Chair State Treasurer 'v Michael C Genest, Girectcr Department of Finance John Chiang State Controller FROM: The California Tax Credit Allocation Committee (CTCAC) Compliance Section RE: New Policies and Program Requirements for 2009 Dear Housing Credit Participant: The purpose of this memo is to notify you of new policy changes resulting from the passage of federal legislation known as The Housing and Economic Recovery Act of 2008. or simply as HR 3221. This legislation changed several provisions of the low income housing tax credit program, including a major change on the compliance end of the program. In addition to changes stemming from HR 3221, The Internal Revenue Service (IRS) published Final Regulations on July 29, 2008, which amended the previous long standing rules for acceptable Utility Allowances for the Low Income Tax Credit Program. The Final Utility Allowance Regulations added three new additional acceptable methods to use in calculating utility allowances. These changes are detailed below. HR 3221 -Requirement to perform annual income recertification's for 100% tax credit proiects With the passage of HR 3221 on July 30, 2008, the requirement for continuance of annual income recertifications for owners of 100% tax credit projects, beyond initial move-in income certification was abolished. However, please note on February 25, 2009, The California Tax Credit Allocation Committee (CTCAC), passed final state regulations requiring one additional income annual recertification after initial move-in (1" annual income recertification) for owners of 100% tax credit properties in California. After February 25, 2009, any tax credit project not performing one additional income recertification beyond initial move-in certification will be noted as out of compliance and the owner and management agent will be assessed negative points in future tax credit allocation rounds if the noncompliance is not corrected within the "correction period" given the owner it the findings report sent after the monitoring visit Please note, the provision to not perform annual recertification's is only for 100% Tax Credit projects with either tax credit only (9%) or tax credit and tax exempt bond financing (4%), prior to ceasing with annual recertification's management agents should check with their project owner and tax credit investor to ensure they want you to discontinue recertification's. If your project has funding from other entities. in addition to tax credits, those entities still require the performance of annual recertifications such as HUD, or RD developments, HR 3221 did not change the requirement for recertifications for those programs. HR 3221 also modified the IRS Full-Time Student Rule. to allow one additional exception Individuals who previously received foster care assistance and who currently attend school full-time, if income eligible, can also qualify a tax credit unit. In California, CTCAC is capping the age of qualification at between ages 18-24 Lastly, HR 3221 did not change any requirements for mixed-use tax credit projects (projects that have tax credit and market rate units) Mixed-use tax credit projects must continue to perform complete annual income recertifications for all tax credit units, each year on an annual basis throughout the tenancy of a household and the entire compliance period. The New Monitoring Procedure for 100% tax credit Projects Beginning June 1, 2009, tenant files should contain the following: 1. In year 1 - complete initial move-in certification with all required 3rd party verification of income and assets, VOE and pay stubs for wage earners and all CTCAC required forms 2. In year 2 - 1" annual income recertification with all required 3rd party verification of income and assets. VOE for wage earners and all CTCAC required forms 3. In year 3 and thereafter - CTCAC required new -Household Information Form" to be completed, signed and dated by management and all adults in household - please note that in year 3 and thereafter - for tax credit purposes only, it will no longer be necessary to obtain 3rd party income or asset verification for any household with continued tenancy and with exception of student verification forms, all TCAC required forms will no longer be necessary 4. For every year of tenancy -IRS wili continue to require owners of tax credit properties to ensure that if, a tax credit unit is comprised of all full-time students, then the household must meet one of the 5 IRS Full-Time Student Exceptions in order for owner to claim tax credits on said unit. Tenant files must contain 3rd party verification from the college, university or trade school for all households comprised of full-time students - CTCAC will continue to check and enforce compliance of the Full-time Student Rule. CTCAC has one additional new form to verify Foster Care eligibility for purposes of verification of the Full-time Student Rule exception For more guidance on 1-4 above, as well as CTCAC compliance forms, please refer to CTCAC's Compliance Manual which has been updated to include all compliance changes. The manual can be downloaded on our website at: www.treasurer.ca.gov/ctcac/compliance. asp PaL,e 2 IRS Final Regulations for allowable Utility Allowances for tax credit developments passed July 29, 2008 The IRS published Final Regulations on July 29, 2008, which modified the Section 42 Utility Allowance Regulations by adding three new methods to calculated Utility Allowances, bringing the acceptable methods from four to seven: 1. RHS Financed Project - Use the RHS utility allowances 2. HUD Project-Based Subsidy Regulated Buildings - Use HUD approved utility allowances 3. Individual Apartment Occupied by Residents who receive HUD assistance (Section 8 Existing, etc.) - Use the HUD utility allowances as given by the Public Housing Authority (PHA) administering the assistance for those tenants only 4. Buildings without RHS or HUD Assistance - Use the PHA utility allowance. An interested party may request the utility company's estimate utility cost for each unit of similar size or construction in the building's geographic area. Such an estimate must be in writing, signed by a local utility company official, prepared on the utility company's letterhead, and maintained in the Development File for the project. Use of the actual utility rates, whether higher or lower, is required once they have been requested. 5. Energy Consumption Model (California Utility Allowance Calculator) 6. HUD Utility Allowance Model 7. Agency Estimate - please note: CTCAC will not be implementing the Agency Estimate Model For more detailed information on all methods noted above, see Section V, Part-530E of our Compliance Manual. Utility Allowance number 5 above (Energy Consumption Model) is the preferred method endorsed by CTCAC and is for use with New Construction Developments only. Additionally, the Energy Consumption Model can only be calculated by a person who is either a properly licensed electrical or mechanical engineer or a qualified professional HERS rater and a Certified Energy Plans Examiner (CEPS). If you want to download the CUAC model you can do so at the following address: http:llwww.gosolarcaiifornia.org/affordable housing/cuac html The IRS plans on releasing major revisions to the 8823 Guide by end of year 2009. At that time depending on further guidance from the service. CTCAC may make changes to the above policies, as well as those noted in the sections below which were incorporated in 2008, following changes made by IRS in 2007. In the meantime, all policies noted below are still in effect until further notice. 2008 Policies: The following policy changes are in effect: I. Low Income Units Occupied by Nonqualified Full-Time Students 1 In the past, CTCAC has not considered K-12 as full-time students when determining whether household was comprised entirely of full-time students. This policy was initiated in the December 15, 2000 Memorandum Compliance Recommended Practices. The 2007 IRS guidelines include K-12 schools in their definition of educational organizations. thereby requiring states to include the K-12 students when determining whether a household is comprised entirely of full-time students The IRS 8823 Guidelines read as follows: An educational organization, as defined by iRC 170(b)(1)(A)(ii), is one that normally maintains a regular faculty and curriculum, and normally has an enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. The term "educational organization" includes elementary schools. iunior and senior high schools, colleges; universities, and technical, trade and mechanical schools. It does not include on-the-job training courses. In 2007, as CTCAC monitored throughout the state, we gave written notice in our findings letters to owners of this policy change and noted that there would be no consequences for any households established under the old CTCAC policy of not considering K-12 full-time students. However, beginning in January of 2008, all new move-in households must meet the criteria of the newly adopted policy. CTCAC will begin noting this issue as a noncompliance issue beginning July 1 S', 2008. The five IRS exceptions to the full-time student rule remain in effect and are as follows: 1. Receiving assistance under Title IV of the Social Security Act (AFDC, TANF); 2. Enrolled in a job training program receiving assistance under the Work Force Investment Act (WIA), (formerly the Job Training Partnership Act) or under another similar federal, state, or local laws; 3. Single parents with minor children, all of whom are full-students and such parents and children are not dependents of another individual. Please note: in January 2008. there was a change to the IRS code for this exception - children in household can be claimed as dependents on either parEnt s tax return. To comply with this exception, CTCAC will require either the 1040 Tax Return showing dependent status or the CTCAC created Single Parent Full-time Student Self-Affidavit at the time of move-in and for all subsequent recertifications: 4. All members of household are married and have filed or are entitled to file a joint tax return. Please note: CTCAC will require a copy of the marriage certificate to be in tenant file; 5. At least one member of the household has exited the Foster Care system. Please note - CTCAC has determined that in California, this exception will apply only to persons age 24 or under and who have exited the Foster Care system within the previous 6 years. I'a~c 4 11. Transfers to Different Buildings, With-in Same Low-income Project - only applies to mixed-Use Tax Credit Properties For Mix-use tax credit properties, the IRS allows transfers between buildings without qualifying the household as an original move-in, so long as the household's income does not exceed 140% of their current income limit. The household takes its tax credit status, their lease, income certification including its effective date, to the new unit. The old unit assumes the status of their new unit just prior to the transfer. Extra caution needs to be taken when transferring units in mixed-use properties. Management must keep detailed records of how transfers are being performed to ensure compliance with next available unit rule and square footage requirements. III. Tenant Income Certification Effective Date The new policy for tenant income certifications is they can now be dated and signed within 120 days of the effective date of the certification for both the move-in year and all subsequent recertification's. This includes pay-stubs and third party documentation of income and assets. The IRS Guidelines read as follows: The effective date of the tenant's income certification is the date the tenant actually moves into the unit. All adult members of the household should sign the certification. If the certification is more than 120 days old, a new certification must be provided in file. Please note: CTCAC will continue to allow mass recertification's as long as they are completed at the same time period each year. IV. Changes in Family Size The 8823 Guide stipulates that any addition of a new member(s) to an existing low-income household must be accompanied by a new income certification including third party verification of income and assets. If the addition of the new household member(s) increases the income of the household to over 140'-/'o of the income limitation, then the next available unit rule applies. The 8823 Guide further states that a household may continue to add members as long as at least one member of the original low-income household continues to live in the unit. Once all original household members have moved out of the unit, the remaining tenant(s) must be certified as a new income-qualified household. Keep in mind the full-time student rule when adding new members to an existing household. V. 2006 Change from HUD regarding: Financial Aid/Scholarships Any financial aid assistance, in excess of amounts received for tuition, received under the Higher Education Act of 1965 (20 U.S.C. 1001 et.seq.), from private sources.. or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. Pace 5 1002)), shall be considered income except for persons over the age of 23 with dependent children. The financial assistance a student receives while residing with a parent or guardian is exch)ded from annual income. CTCAC will require a copy of the parent/guardian 1040 tax return be on file to prove dependent status of the student Please note: this rule applies to all tax credit properties and applies whether the student attends school on a part-time or full-time basis. Revision: In June 2009. at the annual NCSHA Housing Credit Conference, the IRS made a statement that the HUD financial aide income calculation was intended for those tenants receiving Section 8 assistance only (either through vouchers or those living in a pro iect-based Section 8 property) and not for all participants in the LIHTC program. This change is to be noted in the upcoming revision to the IRS Guide to Form 8823 due out late 2009. As of July 1, 2009. CTCAC will immediately cease to calculate any financial aide income for qualified students, except in the instances where Section 8 assistance is received. If Section 8 assistance is received, then the guidelines and exceptions noted in HUD Handbook 4350 Rev. 2. Chapter 5 (and as noted above), will be in effect. VI. Compliance Monitor Inspector Contract CTCAC has contracted with Spectrum Enterprises to conduct compliance monitoring inspections in order to meet our federal mandate for property compliance monitoring in calendar year 2008 and 2009. Spectrum started conducting inspections in the Southern part of the state beginning in late 2007. If your property is chosen to be inspected by Spectrum, you are to give them the same courtesies and cooperation as you do the CTCAC staff. VII. CTCAC's Policy Memo 04-01 dated January 27, 2004 regarding compliance policies is still in effect and can be found on our website at: www.V-easurer.ca.clov/ctcac/compliance asp VIII. CTCAC's 2009 Monitoring List on Website On April 16, 2008, CTCAC began posting our current year monitoring inspection list on the website for informational purposes only. The list has been updated for 2009 and will be updated quarterly as newly placed in-service developments are added to the list. IX. CTCAC Compliance Manual on Website On May 9, 2008, a copy of our CTCAC Compliance Manual was posted to website for the first time, along with along with a copy of the IRS Guide for Completing Form 8823, a copy of HUD Handbook 4350.3 REV-2 -Chapter 5 and a copy of this memo for information and guidance. Pat^e 6 Please note on March 90, 2009, the most current version of our compliance manual will posted on our website. Please refer to these materials for additional clarifications, and keep an eye on the CTCAC website for any future policy updates regarding any new changes. Thank you for your continued cooperation with the implementation of these policies. CTCAC looks forward to a productive and positive working relationship in the coming year. If you have any question regarding the change in policies, you may reach the Program Managers at (916) 654-6340. Pau C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: AND C G v t r,. C;' ~Tiburon Redevelopment Agency 95-051661 1155 Tiburon Boulevard Tiburon, CA 94920 9 No fee for recording pursuant to ZIA- Government Code Section 27383 (SCt L 1 A WAY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of this day of Z_ , 1995 by and between the Tiburon Redevelopment Agency, a public body corporate and politic (the "Agency"), and Ecumenical Association for Housing, a California nonprofit public benefit corporation (the "Developer"). RECITALS 1. The Agency and the Developer have entered into a Second Amended and Restated Disposition, Development and Loan Agreement for Tiburon Highlands Housing Development, initially executed as of July 1, 1994, as amended and restated in•its entirety as of March 1, 1995, as further amended and restated in its entirety as of October 1, 1995 (the "DDLA") under which the Agency will convey certain real property (the "Property") to the Developer and will provide a loan (the "Agency Loan") to the Developer for use, together with funds obtained from other sources, for development on the Property of sixteen (16) residential units affordable to households containing elderly individuals (the "Development"). Capitalized terms used but not defined in this Agreement shall have the meanings set forth in the DDLA. 2. The funds used by the Agency to acquire the Property and to fund the Agency Loan pursuant to the DDLA are from the Agency's Low and Moderate Income Housing Fund. Under California Health and Safety Code Section 33334.2 et sect., the Agency must restrict developments assisted with funds from the Agency's Low and Moderate Income Housing Fund, so that the developments remain affordable to low and moderate income households for the longest feasible time. This Agreement is intended to implement that requirement of law. 302020.PSO 10/12/95 -1- F T T lr `S'g, T 1,T 1V 0043 3. The Agency has agreed to convey the Property and to make the Agency Loan to the Developer on the condition that the Development be maintained and operated in accordance with Sections 33334.2 et seq. and in accordance with additional restrictions concerning affordability, operation., and maintenance of the Development, as specified in this Agreement. 4. In addition, the Agency intends to apply the units in the Development, to the extent permitted by law, toward satisfaction of its project area housing production obligation under Health and Safety Code Section 33413(b)(2) for the Tiburon Redevelopment Project Area. To serve this purpose, the Agency is restricting the units in the Development pursuant to this Agreement so that they remain affordable to households with incomes as specified herein for the longest feasible time. 5. In consideration of conveyance of the Property and receipt of the Agency Loan at an interest rate substantially below the market rate, the Developer has further agreed-to observe all the terms and conditions set forth below. 6. In order to ensure that the entire Development will be used and operated in accordance with these conditions and restrictions, the Agency and the Developer wish to enter into this Agreement. THEREFORE, the Agency and the Developer hereby agree as follows. ARTICLE 1 DEFINITIONS 1.1 Definitions When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1. (a) "Actual Household Size" shall mean the actual number of persons in the applicable household. (b) "Adjusted Income" shall mean the total anticipated annual income of all persons in a household, as calculated in accordance with 25 California Code of Regulations Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar method of calculation of adjusted income. In the event that no such program exists, the Agency shall provide 102020Y50 10/12/95 -2- the Developer with a reasonably similar method of calculation of adjusted income as provided in said Section 6914. (c) "Agency" shall mean the Tiburon Redevelopment Agency and, in the event the Agency ceases to exist, the Town of Tiburon or such successor entity as the Town may designate. (d) "Agency Deed of Trust" shall mean the deed of trust to the Agency on the Property which secures repayment of the Agency Loan and performance of the DDLA and this Agreement. (e) "Agency Loan" shall mean all funds loaned to the Developer pursuant to the DDLA. (f) "Agency Note" shall mean the promissory note from the Developer to the Agency evidencing all or any part of the Agency Loan. (g) "Agreement" shall mean this Regulatory Agreement and Declaration of Restrictive Covenants. (h) "Assumed Household Size" shall mean, subject to the modification set forth in Section 2.5, a household containing one (1) person, it being understood that every Unit in the Development shall be an efficiency unit. (i) "Certificate of Completion Date" shall mean the date of issuance by the Agency of a Certificate of Completion for the Development pursuant to Section 6.10 of. the DDLA. (j) "DDLA" shall mean the Second Amended and Restated Disposition, Development, by and between the Agency and the Developer, initially executed as of July 1, 1994, as amended and restated in its entirety as of March 1, 1995, as further amended and restated in its entirety as of October 1, 1995. (k) "Developer" shall mean Ecumenical Association for Housing, a California nonprofit public benefit corporation, and its successors and assigns to the Development. (1) "Development" shall mean the Property and the sixteen (16) residential units to be developed on the Property, as well as all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist. (m) "Median Income" shall mean the median gross yearly income, adjusted for Actual Household Size or Assumed Household Size as specified herein, in the County of Marin, California, as published from time to time by the State of California. In the 102020.P50 10/12/95 -3- event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the Agency shall provide the Developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by the State. (n) "Other Household" shall mean a household with an Adjusted Income which does not exceed ninety percent (90%) of Median Income, adjusted for Actual Household Size. (o) "Other Units" shall mean the Units which, pursuant to Section 2.1(b) below, are required to be occupied by other Households. (p) "Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein. (q) "Rent" shall mean the total of monthly payments by the Tenant of a Unit for the following: (1) use and occupancy of the Unit and land and associated facilities, including parking; (2) any separately charged fees or service charges assessed by the Developer which are required of all Tenants, other than security deposits; (3) the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, cable television service or any other utility or service permitted to be excluded from the calculation of Rent pursuant to the terms of 25 California Code of Regulations Section 6918; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Developer, and paid by the Tenant. (r) "Security Financing Interest" shall have the meaning set forth in Section 10.1 of the DDLA. (s) "Tenant" shall mean a household occupying a Unit. (t) "Term" shall mean the term of this Agreement, which shall commence on the Certificate of Completion Date and shall continue in effect in perpetuity, subject to earlier termination as provided in Section 4.2 and to the following limitation. The parties shall take such actions as may be required by law to enable the term of this Agreement to continue in effect in perpetuity. In the event any such action is not properly and timely taken or the perpetual term of this Agreement is otherwise determined to violate any provision of law, the Term 102020.P50 10/1 2195 -4- of this Agreement shall continue in effect until the ninety- ninth (99th) anniversary of the Certificate of Completion Date. (u) "Unit" shall mean one of the fifteen (15) one- bedroom, units to be. constructed on _ the Property., and--to- whi-ch the provisions of Articles 2 and 3 apply. The term "Unit" shall not refer to the two-bedroom resident manager's unit. (v) "Very Low Income Household" shall mean a household with an Adjusted Income that does not exceed the lesser of (1) forty percent (400) of Median Income, adjusted for actual household size, or (2) the qualifying limits for very low income households, adjusted for Actual Household Size, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and as published by the State of. California Department of Housing and Community Development. (w) "Very Low Income Units" shall mean the Units which, pursuant-to Section 2.1(a) below, are required to be occupied by Very Low Income Households. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirement. (a) Very Low Income Units. Seven (7) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (b) Other Units. The remaining eight (8) Units shall be rented to and occupied by or, if vacant, available for occupancy by other Households. (c) Intermingling of Units., The Very Low Income Units. shall be intermingled with, and shall be of comparable quality to, the Other Units. Tenants in all Units shall have equal access to and enjoyment of all common facilities of the Development. 2.2 Allowable Rent . (a) Very Low Income Rent. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Very Low Income Units shall not exceed one-twelfth (1/12) of thirty percent (30%) of forty percent (40%) of Median Income, adjusted for Assumed Household Size. 102020.P50 10/12/95 -5- (b) Other Rent. Subject to the provisions of section 2.3 below, the Rent charged to Tenants of the Other Units shall not exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of Median Income, adjusted for Assumed Household Size. 2.3 Increased Income of Tenants (a) Very Low Income Household. If, upon recertification of a Tenant's income, the Developer determines that a former Very Low Income Household no longer qualifies as a Very Low Income Household, but has an Adjusted Income not exceeding ninety percent (90%) of Median Income, adjusted for Actual Household Size: (1) Such Tenant's Unit shall be considered an other Unit; (2) Such Tenant's Rent may be increased to an other Rent, upon sixty (60) days written notice to the Tenant; and (3) The Developer shall rent the next available Other Unit to a Very Low Income Household at Rent not exceeding the maximum Rent specified in section 2.2(a) to comply with the requirements of Section 2.1(a) above. (b) _Non-Qualifving Household. If, upon recertification of a Tenant's income, the Developer determines that a former Very Low Income Household or Other Household has an Adjusted Income exceeding ninety percent (9b%) of Median Income, adjusted for Actual Household Size: (1) Such Tenant shall be required to vacate the Development within six (6) months and shall be notified in writing of such obligation to vacate promptly following the income recertification; and (2) Upon vacation, the vacated Unit shall be rented to a Very Low Income Household or an other Household, as applicable, at a Rent level as necessary to comply with the requirements of Section 2.1 and 2.2 above. (c) Termination of Occupancy. Upon termination of occupancy of a Unit by a Tenant, such Unit shall be deemed to be continuously occupied by a household of the same income level (e.g., Very Low Income Household or Other Household) as the income level of the vacating Tenant, until such Unit is reoccupied, at which time the income character of the Unit (e.g., Very Low Income Unit or Other Unit) shall be redetermined. 302020.P50 10/1z✓95 -6- 2.4 Lease Provisions. The Developer shall use a form of Tenant lease approved by the Agency. The form of Tenant lease shall comply with all requirements of this Agreement, the DDLA, and Section 8 requirements (for Units to be occupied by Section 8 certificate holders), and shall, among other matters: (a) provide for termination of the lease and consent by the Tenant to immediate eviction for failure: (1) to provide any information required under this Agreement or reasonably requested by the Developer to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this Agreement, or (2) to qualify as a Very Low Income Household or Other Household, as the case may be, as a result of any material misrepresentation made by such Tenant with respect to the income computation or certification; and (b) be for an initial term of at least one year and provide for no Rent increase during such year. After the initial year, a Tenant lease may be month-to-month; however, the Rent may not be raised more than once per year. The Developer will provide each Tenant with at least sixty (60) days' written notice of any increase in Rent applicable to such Tenant, and with such further notice as may be required by Section 2.3 above. 2.5 Other Rules. If the Development is subject to state or federal rules governing funding sources such as low-income housing tax credits or HOME funds (the "Other Rules"), the provisions of the Other Rules regarding assumed household size (as defined in Section 1.1(h) above), continued occupancy by households whose incomes exceed the eligible income limitations (as described in Section 2.3 above), or other matters set forth in this Article 2 shall apply in place of the provisions set forth in the applicable sections of this Agreement. 2.6 Nondiscrimination. All of the Units shall be available for.occupancy on a continuous basis to members of the general public who are income eligible. The Developer shall not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to Extremely Low Income Households, Very Low Income Households, and Other Households. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g. AFDC or SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the Developer or any person claiming under or 102020_P50 ]0/12/95 -7- through the Developer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the construction, operation and management of any Unit. All deeds, leases or contracts made or entered into by the Developer as to the Units or the Development or portion thereof, shall contain covenants concerning discrimination as prescribed by the DDLA. 2.7 Section 8 Certificate Holders. The Developer will accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor: The Developer shall not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor shall the Developer apply-or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. ARTICLE 3 INCOME CERTIFICATION AND REPORTING 3.1 Income Certification. The Developer will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Units in substantially the form approved by the Agency. The Developer shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking two or more of the following steps as a part of the verification process: (a) obtain a pay stub for the most recent pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain an income verification form from the applicant's current employer; (e) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of Tenant income certifications shall be available to the Agency upon request. 3.2 Semi-annual Report to Agency. The Developer shall submit to the Agency (a) not later than the fifteenth (15th) day 102020750 10/12J95 - $ - after the close of each semi-annual period, a statistical report to the Agency in a form approved by the Agency, setting forth the information called for therein, and (b) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the Agency in order to comply with reporting requirements of the United States Department of Housing and Urban Development or the State of California. 3.3 Additional Information. The Developer shall provide any additional information reasonably requested by the Agency. The Agency shall have the right to examine and make copies of all books, records or other documents of the Developer which pertain to the Development. 3.4 Records. The Developer shall maintain complete, accurate and current records pertaining to the Development, and shall permit any duly authorized representative of the Agency to inspect records, including records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development shall at all times be kept separate and identifiable from any other business of the Developer and shall be maintained as required by the Agency, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the Agency. The Developer shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least three (3) years. ARTICLE 4 MISCELLANEOUS 4.1 Term. The provisions of this Agreement shall apply to the Property for the entire Term even if the entire Agency Loan is paid in full prior to the end of the Term. This Agreement shall bind any successor, heir or assign of the Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the Agency. The Agency makes the Agency Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 4.2 Developer's Election to Terminate. After this Agreement has remained in effect for not less than ninety-five (95) years, if the Developer in good faith determines that, due to the physical suitability of the Development or other changed circumstances which adversely affect the Development, it is not economically feasible for the Development to continue to be operated in accordance with this Agreement, the Developer shall 102020YSO 10/12/95 -9- have the right to terminate this Agreement upon satisfaction of the following conditions: (a) The Developer shall be in full compliance with the provisions of the Agency Documents, including, without limitation, compliance with the terms of Section 7.7 of the DDLA; and (b) The Agency Loan shall have been repaid in full; (c) The Development shall be conveyed in fee to the Agency in consideration for the Agency's payment of one dollar ($1.00). Fee title to the Development shall be subject only to the exceptions to title in effect upon conveyance of the Property to the Developer pursuant to the DDLA, any Security Financing Interests, and any other matters approved by the Agency in its sole discretion. The Development shall be conveyed to the Agency in "as is" condition. Upon satisfaction of the above conditions, the Agency shall assume the than existing debt evidenced by the security Financing Interests, and this Agreement shall terminate. The provisions of Sections 7.2, 7.7(b), 11.7. and 11.5 of the DDLA shall survive such termination, and shall remain in full force and effect. 4.3 Covenants to Run With the Land. The Agency and the Developer hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the.Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the Agency expressly releases such conveyed portion of the Property from the requirements of this Agreement. 4.4 Enforcement by the Agency. If the Developer fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the Agency has notified the Developer in writing of the default or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty (30) days and thereafter diligently pursue such cure, the Agency shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: 102020.P50 10/12/95 -10 - (a) Calling the Agency Loan. The Agency may declare a default under the Agency Note, accelerate the indebtedness evidenced by the Agency Note, and proceed with foreclosure under the Agency Deed of Trust. (b) Action to Compel Performance or for Damages. The Agency may bring an action at law or in equity to compel the Developer's performance of its obligations under this Agreement, and/or for damages. (c) Remedies Provided Under DDLA. The Agency may exercise any other remedy provided under the DDLA. 4.5 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 4.6 Recording and Filing. The Agency and the Developer shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Marin. 4.7 Governing) Law. This Agreement shall be governed by the laws of the State of California. 4.8 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the Agency in writing, but no waiver by the Agency of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement. 4.9 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Marin. 4.10 Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: 102020.P50 10/12/95 -11- Developer: Ecumenical Association for Housing 2169 East Francisco Boulevard, Suite B San Rafael, CA 94901 Attention: Executive Director Agency: Tiburon Redevelopment Agency 1155 Tiburon Boulevard Tiburon, CA 94920 Attention: Executive Director Such addresses may be changed by notice to the other party given in the same manner as provided above. 4.11 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. 4.12 No Impairment of Security Financina Interests. No violation or breach of the covenants, conditions, restrictions, provisions, or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or change of any Security Financing Interest to which the lien of this Agreement has been subordinated in accordance with the provisions of Section 5.8 of the DDLA. 102020.PSo 10/12/95 -12- IN WITNESS WHEREOF, the Agency and the Developer have executed this Agreement by duly authorized representatives, all on the date first written above. ATTEST: By: e APPROVED AS TO FORM: By. kL-4 I A cy Counsel DEVELOPER: ECUMENICAL ASSOCIATION FOR HOUSING, a California nonprofit public benefit corporation By: Its : ~v i' s► AGENCY: TIBURON REDEVELOPMENT AGENCY, a public body, corporate and politic By: "O"~ Its: Ia zs 102020.P50 10/1295 -13- NOTARY CERTIFICATES STATE OF CALIFORNIA ) )ss. COUNTY OF Ac~rj,~\ ) On A M~!~ ► 19 before me, the undersigned, a Notary Public, personally appeared Icl~`n ~jo ti , personally known to me (or proved to m on the basis of satisfactory. evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L ANDREW ROBERT HARPS Cornrnlss on # 1067521 Z Notary Public-- Ca0fomEa ' MARIN COLMY r My Comm. Expires Aug 2.1999 STATE OF CALIFORNIA ) ) ss. COUNTY OF C.114 } On 25 OGTOOAAG , 1993, before me, the undersigned, a Notary Public, personally appeared 'f . kLI:tiN~<Zs , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ 0. Richard Strarizi U Comm. #96457 o® M NOTARY PUBLIC • CALIF~?Rr11A^ C MMARIN COUNTY lJ L ,c ,FoaN• My Comm. Ex~ Apri12:1, 19 10201 P.P50 10/04/95 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of California, described below as follows: Parcel A, as shown upon that certain Parcel Map entitled, "Map of Tiburon Highlands, Town of Tiburon, Marin Co., State of California," filed for record November 1, 1988 in Book 20 of Maps, at Page 50, Marin County Records. l 0207 P.P50 30/04/95 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Attorney Town Council Meeting December 5, 2012 Agenda Item: Recommendation to Adopt a Resolution Terminating the Successor Agency to the Tiburon Redevelopment Agency t' BACKGROUND AND ANALYSIS Pursuant to AB IX 26, all redevelopment agencies in the State of California ceased to exist on February 1, 2012. AB IX 26 divided redevelopment agencies' functions, assets and obligations into two categories: (1) the agencies' housing functions and assets; and (2) all other obligations and assets. The Town had the right to assume responsibility for either or both categories for the Tiburon Redevelopment Agency. On January 18t', the Town Council affirmatively decided to assume the Agency's housing functions and assets and to act as the successor agency with respect to the Agency's other obligations and assets. This resolution comes before the Council in its capacity as successor agency and does not involve the former Agency's housing functions and assets. The State enacted AB IX 26 to divert the assets and income of the redevelopment agencies to other State governmental purposes to the fullest extent possible.' The statute creates new layers of bureaucracy and procedural requirements, all concerned with resolving outstanding debts and other claims against the agencies and disposing of their remaining assets and income. Most of these requirements are not applicable to the Town; the Town's Agency had no income for a number of years before dissolution, no outstanding debts or claims and, at the time of dissolution, virtually no assets. When the Town assumed its role as successor agency, it acquired only the Agency's right to enforce the use of agency funds for the Lyford Drive parking lot project, as set forth in a contract between the Agency and the Town. The Town has fully performed its obligations under that contract and thus exhausted its role as successor agency. AB IX 26 does not contain any provision that expressly allows the Town to cease acting as successor agency under the current circumstances. To eliminate any uncertainty, the Town Manager, the Director of Administrative Services and I consulted with the staff of the Department of Finance, the state agency charged with implementing AB IX 26. Department officials agreed ' AB 148 later amended AB IX 26 to impose new requirements and add significant penalties for non-compliance. that the Town need not prepare the audits, budgets, reports and documents otherwise required by statute. They recommended that the Town terminate the successor agency role pursuant to Section 34187(b) of the Health and Safety Code, which provides as follows: (b) When all of the debt of a redevelopment agency leas been retired or paid off, the successor agency shall dispose of all remaining assets and terminate its existence within one year of the final debt payment. When the successor agency is terminated, all passthrough payment obligations shall cease and no property tax shall be allocated to the Redevelopment Property Tax Trust: Fund for that agency. The Department's recommendation indicates a broad interpretation of "debt" sufficient to include the obligation to implement the Agency's contribution to the parking lot project. This interpretation is consistent with the purpose of the successor agency role to complete the final actions required of the dissolved Agency. Accordingly, we believe that the Town should follow the Department's recommendation. RECOMMENDATION Staff recommends that the Town Council, acting as Successor Agency: Adopt a Resolution Tenninating the Successor Agency to the Tiburon Redevelopment Agency Exhibit: Draft Resolution Prepared By: Ann R. Danforth, Town Attorney We initially held a conference call with Department Supervisors Beliz Chappuie and Chikako Takagi-Galamba and Department Lead Analyst Mindy Patterson. Ms Chappui called us back after consulting with other Department staff and advised us to terminate under Section 34187(b). RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, ACTING AS SUCCESSOR AGENCY TO THE TIBURON REDEVELOPMENT AGENCY, TERMINATING THE ROLE OF SUCCESSOR AGENCY Recitals The Town Council of the Town of Tiburon, acting as the successor agency to the Tiburon Redevelopment Agency, does hereby find as follows: 1. In 1983, the Town formed the Tiburon Redevelopment Agency ("Agency") to eliminate blight and formulate and carry out redevelopment projects in the planning area. 2. On September-'? 1983, the Agency adopted the Redevelopment Plan for the Tiburon Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of physical and economic blight within the Tiburon Redevelopment Project Area (the "Project Area") by, among other things, improving Tiburon Boulevard. 3. In 20021 the Agency made the final payment on its outstanding bond debt. 4. On June 28, 2011, California enacted AB XI 26, which provided for the dissolution of redevelopment agencies in the state. Dissolution became effective on February 1, 2012 (the "Dissolution Date"). On June 27, 2012, California adopted AB 1484 to further detail the dissolution process. AB XI 26 and AB 1484 are collectively referenced herein as the "Dissolution Statutes." 5. Among other things, the Dissolution Statutes provided that the redevelopment agencies assets and responsibilities would be divided between (a) housing-related functions and assets; and (b) all other redevelopment agency functions and assets. 6. As of the Dissolution Date, the Agency's outstanding obligations included the creation of 5.5 housing units affordable to very low income households ("Housing Production Requirements") and the partial funding of a parking lot in the its planning area. The Dissolution Statutes did not invalidate the Agency's prior legal commitments. 7. Prior to the Dissolution Date, the Agency transferred its outstanding assets and obligations as follows: (a) The Agency entered into a contract with the Marin County Housing Authority whereby the latter agency agreed to satisfy the Housing Production Requirements and the Agency transferred its remaining low and moderate income housing funds to the Marin County Housing Authority ("Housing Funds"); and (b) the Agency entered into a contract with the Town of Tiburon whereby the Agency transferred its non-housing funds ("Committed Development Funds") to the Town and the Town agreed to use the funds for the above-described approved parking lot. As of the C: (Documents and Settings ldcranelocal Settings7emporar y Internet Files IOLK281Term of Succ Agency Reso 11- 28-12.doc Dissolution Date, the Agency had no assets other than its interests in the aforesaid contracts. 8. On January 18, 2012, the Town Council decided to accept the designation of successor agency to the Agency and further agreed to assume the Agency" s housing functions and assets, all as provided by the Dissolution Statutes. 9. The Committed Development Funds have been expended for their specified purposed. The Agency had no other debts, obligations or assets except for those associated with its housing function. According, Town staff consulted with the Department of Finance, who advised that the Town should terminate the existence of the successor agency pursuant to Section 34187(b) of the California Health and Safety Code. 10. The Marin Housing Authority has not expended the Housing Funds and the Town will continue to search for an appropriate affordable housing site. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon, acting in its capacity of successor agency to the Agency: 1. The facts set forth in this Resolution are true and correct. 2. The Council hereby terminates the existence of the successor agency to the Tiburon Redevelopment Agency and transfers the housing function to the Town to exercise directly; PASSED AND ADOPTED at a regular meeting of the TownCouncil of the Town of Tiburon on , 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O"DONNELL, MAYOR Town of Tiburon ATTEST: DIANE CRANE, TOWN CLERK 2 C.- (Documents and Settings I dcranelLocal Settings I Temporarly Internet Files DLK28I Term of Succ Agency Reso 11- 28-12.doc