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Page 1 of 3 Town Council Resolution No. 17-2021 5/19/2021
RESOLUTION NO. 17-2021
RESOLUTION OF THE TOWN COUNCIL OF TOWN OF
TIBURON, CALIFORNIA, CONFIRMING CHANGES TO TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) TO PLACE AN ASSESSMENT ON A PARCEL AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH
WHEREAS, this Town Council on January 4, 2017 adopted Resolution No. 01-2017 (the “Resolution of Intention”) declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the “Improvements”) and to form the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the
“Assessment District”) under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, “the Act”); and
WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section
10204 of the California Streets and Highways Code (the “Engineer’s Report”) and fixed February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the
Engineer’s Report, and to receive and count the ballots for and against the proposed assessments to be
levied; and
WHEREAS, this Town Council on February 7, 2018 adopted Resolution No. 04-2018 which approved a Final Engineer’s Report (the “Final Report”) setting forth the Improvements to be acquired and constructed, found that a majority protest did not exist with respect to the assessments described
in the Final Report, approved and confirmed the amounts to be assessed against the individual parcels shown in the assessment diagram contained in the Final Report, and directed the Town Clerk to record the assessment diagram and a Notice of Assessment in the office of the County Recorder of the County of Marin; and
WHEREAS, following the recordation of the assessment diagram, an initial 30-day cash payment period began in which the owners of 4 parcels within the Assessment District, including the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, prepaid their assessments and, following such payments, a Notice of Discharge of Assessment Liens and Addendum to Notice of Assessment was recorded in the office of the County
Recorder of the County of Marin as Document No. 2018-0015490 reflecting such payments; and
WHEREAS, following the close of the initial 30-day cash payment period, the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, requested that the Town refund the cash prepayment made with respect to Assessor’s Parcel Number 055-183-27 and place a new assessment thereon in the amount of $104,076.89, which equals
the amount initially assessed against such parcel as set forth in the Final Report; and
WHEREAS, an Addendum to the Engineer’s Report (the “Addendum”) has been prepared setting forth the proposed assessment for Assessor’s Parcel Number 055-183-27, and the Addendum
DocuSign Envelope ID: 6931628A-D615-4A63-A27E-DFEDE4C92A38
Page 2 of 3 Town Council Resolution No. 17-2021 5/19/2021
has been filed with the Town Council and has been available for review by the property owners within the Assessment District; and
WHEREAS, the provisions of Section 10350, et seq. of the California Streets and Highways Code provide that changes may be made to the proceedings for an assessment district if the Town adopts a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and
giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear and show cause why the changes should not be ordered; and
WHEREAS, on March 31, 2021, the Town Council adopted Resolution No. 08-2021 preliminarily approving the Addendum and setting a public hearing for May 19, 2021 at 5:00 p.m. at the regular meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon
Boulevard, Tiburon, California 94920 to hear and consider protests and objections to the proposed Addendum and the new assessment on Assessor’s Parcel Number 055-183-27.
WHEREAS, at the time and place stated in the notice of the public hearing, a hearing was duly held by this Town Council and, during the course of the hearing, the Addendum was duly presented
and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at the hearing and desiring to be heard in the matter of the Addendum were heard, and a full, fair and complete hearing has been conducted; and
WHEREAS this Town Council has received the ballot filed with the Town Clerk prior to the
conclusion of the hearing by the owner of Assessor’s Parcel Number 055-183-27 , and the Town Clerk
has certified that the ballot was cast in favor of the proposed levy of the new assessment on Assessor’s Parcel Number 055-183-27; and
WHEREAS, this Town Council has considered the assessment proposed in the Addendum and the evidence presented at said hearing; and
WHEREAS, this Town Council now desires to approve the Addendum, place a new assessment on Assessor’s Parcel Number 055-183-27 in the amount of $104,076.89, which is the amount originally assessed against Assessment Number 51, and subject Assessor’s Parcel Number 055-183-27 to a levy for up to the maximum annual assessment for administrative expenses set forth in the Addendum;
NOW, THEREFORE, the Town Council of the Town of Tiburon DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows:
Section 1. The above recitals are all true and correct.
Section 2. The May 19, 2021 public hearing has been duly held in accordance with the requirements of Article XIIID, the Act (including but not limited to the provisions of Section 10350,
et seq. of the California Streets and Highways Code) and Government Code Section 53753, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This Town Council is satisfied with the correctness of the Addendum, including the new assessment on Assessor’s Parcel Number 055-183-27 and the maximum annual assessment for administrative
expenses, the proceedings and all matters relating thereto and adopts each of the findings,
determinations and conclusions stated therein as a basis for confirming the new assessment on Assessor’s Parcel Number 055-183-27.
DocuSign Envelope ID: 6931628A-D615-4A63-A27E-DFEDE4C92A38
Page 3 of 3 Town Council Resolution No. 17-2021 5/19/2021
Section 3. The Town Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that based on the ballot
received and tabulated as described herein, there is not a majority protest against the new assessment on Assessor’s Parcel Number 055-183-27. In tabulating the ballot, in accordance with the requirements of Article XIIID, the ballot was weighted according to the proportional financial obligation of the affected property.
Section 4. The amount of the new assessment on Assessor’s Parcel Number 055-183-27 shown in the Addendum and the proposed maximum annual assessment per parcel for administrative expenses shown are confirmed and are fixed in said amounts.
Section 5. The Town Clerk is authorized and directed to endorse the fact and date of the approval of the new assessment on the Addendum.
Section 6. The assessment is to be placed on file in the office of the Superintendent of Streets, and the Town Clerk is authorized and directed to record, or cause to be recorded, the assessment in the office of the County Recorder of the County of Marin as required by Sections 3114, 10401 and 10402.5 of the California Streets and Highways Code by filing a diagram of the assessment
or an addendum to the existing diagram for the Assessment District; and the Town Clerk shall record, or cause to be recorded, a Notice of Assessment or an addendum to the existing Notice of Assessment with respect to the new assessment on Assessor’s Parcel Number 055-183-27 pursuant to Section 3114 of said Code.
Section 7. The Superintendent of Streets is authorized and directed to give notice of the
recordation of the assessment, as provided in Section 10404(b) of the California Streets and Highways Code.
Section 8. This Resolution shall take effect immediately upon its adoption.
Section 9. The Town Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED on May 19, 2021.
HOLLI P. THIER, Mayor
ATTEST:
LEA STEFANI Town Clerk
DocuSign Envelope ID: 6931628A-D615-4A63-A27E-DFEDE4C92A38