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Home My WebLink AboutTC Res 1998-11-16 (2) / ~ COUNTY OF MARIN RESOLUTION NO. 98- 154 TOWN OF TIBURON RESOLUTION NO. 3313 A JOINT RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS AND THE TIBURON TOWN COUNCIL TRANSFERRING JURISDICTION OF AND THE FINANCIAL RESOURCES AND DOCUMENTATION ASSOCIATED WITH OPERATION, MAINTENANCE AND FUNDING OF THE CYPRESS HOLLOW LANDSCAPE AND LIGHTING DISTRICT TO THE TOWN OF TIBURON WHEREAS, on January 21, 1998, the Tiburon Town Council adopted Resolution No. 3258 requesting the Local Agency Fonnation Commission ("LAFCO") to undertake proceedings for the annexation of the CYPRESS HOLLOW SUBDIVISION ("CYPRESS HOLLOW') into the Town ofTiburon; and, r WHEREAS, LAFCO has conducted proceedings in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, and approved the annexation pursuant to LAFCO Resolution No. 98-13; and, WHEREAS, annexation of the Cypress Hollow Subdivision to the Town of Tiburonrequires the Town to administer and provide municipal services in CYPRESS HOLLOW; and, WHEREAS, the CYPRESS HOLLOW subdivision area includes a County- administered Landscape & Lighting District (LLD), designated by the County as ZONE 14 that was fonned for the general purpose of administering, operating and maintaining the following areas which, after the annexation, will lie within the jurisdiction of the Town of Tiburon: I, The 25 foot sanitary sewer easement landscape and inigation of the east boundary; and -- 2, Entry landscaping, the 30 foot stonn drainage easement in the Board a/Supervisors Resolution No. 98- (5"4 Town Council Reso/uh'on No. 3313 1 -- p ~ f I~ { southwesterly boundary and irrigation system; and, t, " , , "~ 22612. Transfer of jurisdiction to city councils; joint resolution k J' !\ ~ 'i1: .. ~ if;. ~ 3. Ownership and maintenance of the park site; and, WHEREAS, Streets & Highways Code ~ 22612 provides that: If all of the territory of a district is included within one city by annexation or incorporation, the legislative body may transfer jurisdiction over the district to the city council of the city by a joint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place. (Added by S13ts. 1983, c. 1305, ~ 8, eff. Sept. 30, 1983,)" WHEREAS, one of the conditions imposed by LAFCO in its Resolution No, 98-13 was that: "Jurisdiction over the Cypress Hollow Landscape and Lighting District shaI1 be transferred from the Board of Supervisors of the County of Marin, to the ___ Town Council of the Town of Tiburon by a joint resolution setting forth the mutually agreed upon terms and conditions under which the transfer is to take place." NOW THEREFOR IT IS RESOLVED THAT THE Tiburon Town Council and the Marin County Board of Supervisors hereby adopt this Joint Resolution transferring the financial resources and docwnen13tion associated with operations, maintenance and funding of the CYPRESS HOLLOW LLD to the Town of Tiburon, in order that the Town may effectively administer services in the CYPRESS HOLLOW LLD. BE IT FURTHER RESOLVED that the Town ofTiburon, in assuming control' . of the CYPRESS HOLLOW LLD accepts responsibility therefor only from the date that the County of Marin transfers its resources to the Town ofTiburon. Any liabilities, losses or other claims arising before said date shall remain the responsibility of the county of Marin, PASSED AND ADOPTED at a special adjourned meeting of the Town COIll1cil '.- Board ofSupervi.rors Resotution No. 98- 154- Town CounciJReso/ution No. 3313 2 / ~ ~ , , of the Town of Tiburon held on the 16th day of November, 1998, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews & Thompson NOES: COUNCIL MEMBERS: None ~ S'. 7!l4~!$ HARRY S, MATTHEWS, MAYOR TOWN OF TIBURON ATTEST: ~ DIANE L. CRANE, TOWN CLERK r'r ~ PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 15th day of December , 1998, by the following vote: AYES: SUPERVISORS: Moore. Brown, Kinsey. Rose, Kress NOES: SUPER VISORS: NONE ABSENT: SUPER VISORS: NONE c;:52 /7. A/-,~ - PRESIDENT, BOARD OF SUPERVISORS ATTEST: CLE~-O~~RVISORS cyprboll.rcs -- Board afSupervisors Resotution No. 98- 15+ Town Coundl Resolution No. 3313 3 ../ ","""KF_~ ~ . . CoumvCOUNSEL .. . AllEN A. HAlM ~ , CHIEF DEPUTY COUNTY COUNSEL OF MARIN COUNTY Suite 303, Civic Center San Rafael, California 94903 DOROTHY R, JONES JOHN F. GOVl PRINCIPAL OEPUnES (415) 499-6117 FAX (415) 499-3796 TOO (415) 499-6172 RUTH W. ROSEN ALEXIS J. McBRIOE MARl-ANN G. RIVERS CHARLES J, McKEE DEBORAH A. BIALOSKY RENEE GIACOMINI BREWER DAVIO L. ZALTSMAN MICHELE KENO NANCY STUART GRISHAM DEPUTIES PAULETTE ENGLER AOMINISTRATIVE ASSISTANT December 17,1998 RECEIVED DEe 1 8 1998 Scott Anderson Planning Director Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 PLANNING DEPARTMENT TOWN OF TIBURDN r' Re: _<:YP~~ HOLLOW ANNEXATION, Joint Resolution D~~ Per our phone conversation of today, enclosed is a photocopy of the certified Joint Resolution of the County of Marin and Town of Tiburon associated with transferring jurisdiction of the financial resources and documentation associated with the operation, maintenance and funding of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. If you need anything further, please let me know. Yours truly, :D~~ DAVID L. ZAL TSMAN Deputy County Counsel DLZ/jb Attachment DLZ\LAFCO\CypressResoIAnderson ---