HomeMy WebLinkAboutTC Res 1987 (August thru December)
RESOLUTION NO. 2502
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING THE
1988/89 TO 1992/93 MAJOR PROJECTS
IN MARIN COUNTY AS RECOMMENDED BY
THE MARIN COUNTY URBAN SYSTEM COMMITTEE
WHEREAS, the State Legislature adopted AB 402
which requires the adoption by Metropolitan
Transportation Commission of a regional transportation
program by April, and
WHEREAS, the Staff of MTC has recommended that the
projects selected for inclusion into the TIP for Federal
Aid Primary (FAP), Federal Aid Interstate (FAI), or
State only funds be supported by the community, and
WHEREAS, the Marin County Urban System Committee
did meet to review the program and projects which had
been submitted for consideration as part of a five-year
program, and
WHEREAS, the Marin County Urban System Committee
did adopt the 1986/87 to 1990/91 listing of candidate
Federal Aid Primary (FAP) and Federal Aid Interstate
(FAI) projects on December 10, 1986, and
WHEREAS, the Metropolitan Transportation
Commission has requested County priorities by January
15, 1987
NOW, THEREFORE, BE IT RESOLVED that the Town
council of the Town of Tiburon does hereby approve the
list of projects as shown on Exhibit A and submits said
projects for inclusion in the MTC Regional
Transportation Improvement Program (TIP), and the
California Transportation Commission (CTC), State
Transportation Improvement Program (STIP).
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on December 16,
1987, by the following vote:
AYES: COUNCILMEMBERS:
Duke, Wilson, Mayberry,
Shaw, Coxhead
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
(
-L D .c:~ [~~(
ATTEST:
R. ~~AGER/CLERK
II EXHI BIT A"
PROPOSED 1988/89 STIP
MARIN COUNTY
A) APPROVED PROJECTS:
1) Hwy. 101/Nellen Ave. To Corte Madera Creek, Freeway Protection.
($1.0 M) (1987-88)
2) Hwy. 101/Rowland Blvd., Modify Interchange.
($3.7 M, All Local) (1991-92)
3) Hwy. 101/Strawberry Interchange, Modify Off/On Ramps.
($0.8 M, All Local) (1987-88)
4) Hwy. 101/Merrydale Rd., Construct Overcrossing.
($1.5 M FAP + $2.1 M Local = $3.6 M Total) (1988-89)
5) Hwy. 101/Manuel Freitas Interchange, Construct New Northbound On-
Ramp.
($0.9 M) (1987-88)
6) Hwy. 101/Route 37 to Miller Creek Rd., Construct Southbound and
Northbound HOV Lanes.
($8.6 M) (1988-89)
7) Hwy. 101/Mission Ave. to Miller Creek Rd., Landscaping.
($0.6 M) (1989-90)
8) Hwy. 101/Lucas Valley Road Interchange, Construct new Southbound Off
and On Ramps.
($3.3 M, All Loca 1) (1991-92)
9) Lincoln Ave. extension.
800 K FAU, 900 K FAP. (1987-88)
10) Hwy. 101/Mission St. to North San Pedro Rd., Acquire Right of Way
for Northbound and Southbound HOV lanes and Southbound Auxiliary
Lane.
($8 M; $4 M FAP, $4 M Local) (1991-92)
B) PROPOSED PROJECTS: (Listed in order of priority)
1) Park and Ride lot for approx. 330 vehicles at Rowland Blvd./US 101.
($1.4 M)
2) Hwy. 101/Sir Francis Drake Blvd. to Route 1580, Construct Northbound
Auxiliary Lane.
($5.0 M)
3) Hwy. 101/Mission St. to North San Pedro Rd., Construct Northbound
and Southbound HOV Lanes and Southbound Auxiliary Lane.
($16 M)
4) Hwy. 101/Route 1580 to Sir Francis Drake Blvd., Construct Northbound
and Southbound HOV Lanes and Southbound Auxiliary Lane.
($40.0 M)
5) Hwy. 101/Miller Creek Rd. to No. San Pedro Rd., Construct Southbound
Auxil iary Lane.
($2.0 M)
6) Hwy. 101/Mission St. to Route 1580, Construct Northbound and
Southbound HOV and Auxiliary Lanes and Reconstruct Route 101/1580
Interchange including Southbound On and Off Ramps.
($24.0 M)
7) Hwy. 101/Atherton Ave. to Route 37, Construct Southbound HOV Lane.
($8.0 M)
- 2 -
8) Hwy. 101/Route 37 to Atherton Ave., Construct Northbound HOV Lane.
($8.0M)
9) Park and Ride lot for approx. 200 - 250 vehic1s at Tamalpais Dr./US
10l.
($.75 M)
10) Hwy. 101/Construct new interchange at Nel1en Ave.
($19 M)
11) Hwy. 101/Waldo Interchange, Modify Ramps.
($1.5 M, All Local)
12) I580/Bellam Blvd. Relocate Westbound Off and On Ramps.
($4.18 M, FAI + $3.32 Local = $7.5 M Total)
13) I580/Irene St., Construct Underpass and Relocate Eastbound Off and
On Ramps at Bellam Blvd.
($10.5 M)
14) Route 1 at Panoramic Highway, Modify Intersection.
($0.5 M)
15) Hwy. 101/1.7 to 4.0 Miles North of Atherton Ave. Interchange,
Construct New Interchange and Frontage Road.
($7.0 M)
AB :nn- II-2
11 /16/87
RESOLUTION NO. 2501
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING RESOLUTION NO. 2495
REVISING THE BAIL SCHEDULES FOR PARKING
VIOLATIONS OF THE TIBURON TRAFFIC ORDINANCE
WHEREAS~ the bail scheduies for parking violations were
revised by Resolution No. 672~ and Resolution No. 2495~ and
WHEREAS~ the Town of Tiburon has determined them to be
inadequate for the deterrence of continued violations of the
parking section of the Tiburon Traffic Ordinance~
NOW~ THEREFORE~ BE IT RESOLVED that the bail schedules will
be established for parking violations as indicated below:
Description
72 hour Parking
Stopping/Standing
in Parkway Prohibited
No Parking Areas
72 hour Public Prop
Parking for Sale
Parking for Repair
Wash/Polish Vehicle
Parking Adjacent to School
91 Clearance
Parking on Grades
Unlawful Parking
Emergency Pkg. Sigs.
Warning Devices
24-Minute Zone
40-Minute Zone
l-Hour Zone
2-Hour Zone
Parallel Parking
Diagonal Parking
Occupy Spaces Designated No Parking
No Stopping Zone
Commercial Veh~ Resid.
Red Zone
Yellow Zone
Passenger Loading Zone
Alley Parking
Taxicab Stand
Tow Away Zone
Abandoned Vehicle
Current Proposed
Fine Fine
$7.00 $15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 30.00
7.00 15.00
7.00 15.00
7.00 30.00
7.00 45.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 30.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
7.00 15.00
5.00 50.00
5.00 100.00
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 2~ 1987 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Duke~ Wilson~ Shaw~ Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: Mayberry
DI- ~. ~LId
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
LERK
RESOLUTION NO. 2500
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
MODIFYING ASSESSMENT 7
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
On October 7, 1987, this Council approved a Reassessment
Report for Gilmartin Drive Refunding District 1987-3, Town of
Tiburon, Marin County, California, which Report reassessed
Assessment No. 7 (Assessor's Parcel No. 39-290-07) in the amount of
$78,771.00.
Following bond delivery for the Gilmartin Drive Refunding
District 1987-3, bond counsel was advised by the County of Marin
that Assessment 7 was paid off in full in August, 1987, and that the
amount of the payoff has been transmitted to the Town of Tiburon.
This Council hereby finds that Assessment 7 was reassessed
erroneously in Gilmartin Drive Refunding District 1987-3, and
directs that the Reassessment Report be changed in red ink by the
Superintendent of Public Works to reflect the amount of Assessment 7
as $0.00. This Council directs that the Town Clerk file a Notice of
Amended Reassessment with the Marin County Recorder's office'to
reduce the lien against Assessment 7 to $0.00.
,/
Using the funds on hand from the payoff of Assessment 7, bond
counsel will conduct a bond call on March 2, 1988, to reduce the
amount of the bond issue to coordinate more closely with the amount
of the Reassessment Spread.
ORIG! ~,"AL
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on Nnvpmhpr lR , 1987, by the following
vote:
AYES:
NOES:
ABSENT:
ATTES~
R. L. KLEINERT,
COUNCILMEMBERS: Duke, Wilson, Mayberry, Shaw,
Coxhead
COUNCILMEMBERS: None
COUNCILMEM~S: None
()~ ~aL.e
STONE D. COXHEAD, MAYOR
Town of Tiburon
f
RESOLUTION NO. 2499
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
THE TOWN OF TIBURON MAKING APPLICABLE THE PROVISIONS
OF CODE OF CIVIL PROCEDURE SECTION 1094.6 PROVIDING
FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
WHEREAS, California Code of civil Procedure section
1094.6(g) permits the governing body of a local agency to adopt
a resolution making Code of civil Procedure section 1094.6
applicable to such local agency; and
WHEREAS, the Council finds and determines that such
will provide an orderly and reasonable procedure for the review
of administrative decisions;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Tiburon that the provisions of section 1094.6 of
the California Code of civil Procedure are hereby made applic-
able to and adopted by the Town of Tiburon.
r
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 18, 1987, by the
following vote:
AYES: COUNCILMEMBERS: Duke, Mayberry, Shaw, Wilson,
and Mayor Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
()L [).~
STONE COXHEAD, MAYOR
Town of Tiburon
ATTES~~ -
R. L. KLEINERT, TOWN MANAGER/CLERK
Draft Date: November 19, 1987
TIB\1094-6.RES
RESOLUTION NO. 2498
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING AN APPROPRIATIONS
LIMIT PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA CONSTITUTION
WHEREAS, ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE
OF CALIFORNIA PROVIDES THAT THE TOTAL ANNUAL APPROPRIATIONS
SUBJECT TO EXCEED THE APPROPRIATIONS LIMIT OF SUCH ENTITY OF
GOVERNMENT FOR THE PRIOR YEAR ADJUSTED FOR CHANGES IN THE
COST OF LIVING AND POPULATION EXCEPT AS OTHERWISE PROVIDED
IN SAID ARTICLE XIIIB; AND
WHEREAS, PURSUANT TO SAID ARTICLE XIIIB OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA, THE TOWN COUNCIL OF
THE TOWN OF TIBURON DEEMS IT TO BE IN THE BEST INTERESTS OF
THE TOWN OF TIBURON TO ESTABLISH AN APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 1987-88; AND
WHEREAS, THE FINANCE DIRECTOR OF THE TOWN OF TIBURON
HAS DETERMINED THAT SAID APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1987-88 BE ESTABLISHED IN THE AMOUNT OF $2,048,672.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TIBURON THAT AN APPROPRIATIONS LIMIT FOR FISCAL
YEAR 1987-88 PURSUANT TO ARTICLE XIIIB OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA BE ESTABLISHED IN THE AMOUNT OF
$2,048,672 AND THE SAME IS HEREBY ESTABLISHED.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON ON NOVEMBER 18, 1987 BY THE
FOLLOWING VOTE:
AYES:
COUNCILMEMBERS: Duke, Wilson, Mayberry,
Shaw, Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
Of.- ~.~U
STONE D. COXHEAD, MAYOR
TOWN OF TIBURON
ATTEST:
R ./0/ KLEINERT, TO MANAGER/ CLERK
RESOLUTION NO. 2497
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CERTIFYING THE RESULTS OF THE
MUNICIPAL ELECTIONHELD IN AND FOR THE TOWN
OF TIBURON, STATE OF CALIFORNIA ON THE
3RD DAY OF NOVEMBER 1987
WHEREAS, the Town Council of the Town of Tiburon
did heretofore order an election to be held within the
Town of Tiburon on the 3rd day of November 1987, for
the purpose of placing Measure "F" on the ballot; and
WHEREAS, said election was held pursuant to the
requirements of the Government Code and the Elections
Code of the State of California; and
WHEREAS, this Town Council of the Town of Tiburon
has, pursuant to Section 22932 of the Elections Code of
the State of California, canvassed the returns from
said election,
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND
DECLARED as follows:
1. That the whole number of ballots cast in the
Town of Tiburon in said election were 1486
in the precincts and 344 were absentee
ballots;
2. That the Measure F voted upon was:
"Shall an ordinance be adopted
authorizing the Town of Tiburon to levy a
municipal services tax on real property
for Fiscal Year 1988-89 in the following
amounts and also, to the extent of such
tax, be authorized to exceed its
appropriations limit for Fiscal Year
1988-89, under Article XIII B of the
California Constitution.
A. A municipal services tax upon
improved residential property at the
maximum rate of:
1. $150 per parcel for single family
dwellings.
2. $150 per unit for the first unit
of a multiple family parcel and
$75 for each additional unit.
B. A municipal services tax upon
improved business property at the
maximum rate of .07 cents per square
foot of building."
3. That this Council hereby finds that the number
of votes cast in said election for the
aforementioned Measure F were as follows:
CONSOLIDATED PRECINCT NO. 3013: TIBURON
BAPTIST CHURCH
MEASURE F: YES 122
NO 193
CONSOLIDATED PRECINCT NO. 3014: SHEPHERD OF
THE HILL CHURCH
MEASURE F: YES 51
NO 153
CONSOLIDATED PRECINCT NO. 3015: DEL MAR
SCHOOL
MEASURE F: YES 122
NO 243
CONSOLIDATED PRECINCT NO. 3016: REED SCHOOL
MEASURE F: YES 73
NO 191
CONSOLIDATED PRECINCT NO. 3017: BRADLEY HOUSE
MEASURE F: YES 101
NO 237
4. That the TOWN OF TIBURON MEASURE F, is
hereby declared to have failed by the
following vote:
YES 608
NO 1222
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on November 10,
1987 by the following vote:
AYES:
COUNCILMEMBERS: Duke, Wilson,
Mayberry, Shaw,
Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
QL D. C4~
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
R. ettz~AGER/CLE~
RESOLUTION NO.
2496
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING
SIGNING AND ENDORSING OF CHECKS AND
OTHER INSTRUMENTS
BE IT RESOLVED AS FOLLOWS:
1. That Bank of America, Tiburon Branch, is
hereby selected and designated as the depositor of
funds of the Town of Tiburon and that checking accounts
are established and maintained by and in the name of
the Town at said bank, upon and subject to such terms
and conditions as the Councilmembers hereinafter
designated, or any of them, may from time to time agree
upon with said bank, and
a. That all checks, drafts and other instruments
in the amount of $2,500 or less for the payment from
said accounts at said offices be signed on behalf of
the Town of Tiburon by Robert L. Kleinert and one of
the following: John Harrington, Alan P. Nadritch, or
one of the preceding and one of the following: Stone
Coxhead, Lawrence J. Duke, Frances Mayberry, Francis X.
Shaw, or James Wilson.
b. That any checks, drafts or other instruments
for the payment from said accounts or at said offices
be signed on behalf of the Town of Tiburon by John
Harrington, Robert L. Kleinert or Alan P. Nadritch and
one of the following: Stone Coxhead, Lawrence J. Duke,
Frances Mayberry, Francis X. Shaw or James Wilson.
2. That any checks, drafts or other instruments
for the payment of money, endorsed on behalf of the Town
for deposit with or collection by said bank, may be
endorsed in the name of the Town by written or stamped
endorsement, without designation or signature of the
person making such endorsement, and
3. That the Town Clerk is hereby authorized and
directed to certify to said bank that this Resolution
has been duly adopted, and is in accordance with this
Resolution and the certification then in effect as
above provided for, including any such instrument drawn
or endorsed to the personal order of, or presented for
negotiation or encashment by any official signing or
endorsing the same, and
4. That said bank is hereby requested and
authorized to honor, receive, certify or pay any such
instrument signed or endorsed in accordance with this
Resolution and the certification then in effect as
above provided for, including any such instrument drawn
or endorsed to the personal order of, or presented for
negotiation or encashment by any official signing or
endorsing the same, and
5. That this Resolution and each certification
shall remain in full force and effect, and said banks
are authorized and requested to rely and act thereon,
until they shall receive at their office to which the
certified copy of this Resolution is delivered, either
a certified copy of a further Resolution of the Town
Council of the Town of Tiburon amending or rescinding
this Resolution or a further certification as above
provided for, as the case may be, and
6. That Resolution No. 1060 is rescinded.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on November 4, 1987
by the following vote:
AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry,
Shaw, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OLD. ~~.. ~
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2495
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON REVISING THE BAIL
SCHEDULES FOR PARKING VIOLATIONS OF
THE TIBURON TRAFFIC ORDINANCE
WHEREAS~ the bail schedules for parking violations were
revised by Resolution No. 672~ and
WHEREAS~ the Town of Tiburon has determined them to be
inadequate for the deterrence of continued violations of the
parking section of the Tiburon Traffic Ordinance~
NOW~ THEREFORE~ BE IT RESOLVED that the bail schedules will
be established for parking violations as indicated below:
Description
72 hour Parking
Stopping/Standing
in Parkway Prohibited
No Parking Areas
72 hour Public Prop
Parking for Sale
Parking for Repair
Wash/Polish Vehicle
Parking Adjacent to School
91 Clearance
Parking on Grades
Unlawful Parking
Emergency Pkg. Sigs.
Warning Devices
24-Minute Zone
40-Minute Zone
l-Hour Zone
2-Hour Zone
Parallel Parking
Diagonal Parking
Occupy Spaces Designated No Parking
NoS top pin g' Z 0 n e
Commercial Veh~ Resid.
Red Lone
Yellow Zone
Passenger Loading Zone
A '11 ey Parking
Taxicab Stand
Tow Away Lone
Abandoned Vehicle
Current
Fine
Proposed
Fine
$7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
5.00
5.00
$15.00
15.00
15.00
15.00
15.00
30.00
15.00
15.00
30.00
45.00
15.00
15.00
15.00
15.00
15.00
15.00
15.00
15.00
i5.00
15.00
30.00
15.00
15.00
15.00
15.00
15.00
15.00
50.00
50.00
PASSED AND ADOPTED at a reguiar meeting of the Town Council
of the Town of Tiburon on November 4~ 1987 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Shaw
Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Ot a aLe
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R.
MANAGER/CLERK
RESOLUTION NO. 2494
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REVISING THE FEE SCHEDULE
FOR APPLICATIONS, PERMITS, AND SERVICES
UNDER THE JURISDICTION OF THE DEPARTMENT
OF COMMUNITY DEVELOPMENT
WHEREAS, the Tiburon Municipal Code requires that any
changes to the Department of Community Development's filing
and processing fees be set forth by Resolution of the Town
Council; and
WHEREAS, it is the intent of the Town Council that such
fees be utilized as a revenue base for maintaining
productive and efficient service levels commensurate with
the work demands within the Department of Community
Development; and
WHEREAS, from time to time it is necessary to revise
these fees on a proportionate basis to offset certain cost
increases incurred by the Department of Community
Development in the normal course of its operation and
according to its obligations to administrate State statutory
requirements under the authority of Town Ordinances;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby revise the Schedule of Fees
for applications, permits and services under the
jurisdiction of the Department of Community Development as
set forth in Exhibit A (Building Permit Fees) and Exhibit B
(Planning Fees) attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 4, 1987 by the
following vote:
AYES:
COUNCILMEMBERS: Duke, Wilson, Mayberry
Shaw, Coxhead
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS: None
il/ r ,/), '1
[ / il'w Li. ,{;~~ ~--JL_
STONE D. COXHEAD, MAYOR
TOWN OF TIBURON
R. L. KLEINERT,
'J
EXHIBTT, "A" } J /'Il/.
TOWN COUNCIL RESOLUTION NO._~:r ~r
BUILDING PERMIT FEES
SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS WILL BE BASED ON THE
FOLLOWING BUILDING VALUATION DATA: per square foot cost.
1 . APARTMENT HOUSES: TYPE I or II F.R. $93.70
TYPE V- MASONRY $75.30
(or Type I I I )
TYPE V - WOOD FRAME $72.40
TYPE I GARAGE $38.40
2.
DWELLINGS
TYPE V - MASONRY $85.90
TYPE V - WOOD FRAME $82.20
VALUATION SUPPLEMENTS
The following occupancies and types are not covered in the Building
Evaluation data in the International Conference of Building Officials
Building Standards. This will be on a square footage basis unless
otherwise noted.
1 .
2.
3.
4.
5.
6.
7.
8.
9.
10.
SPRINKLERED STRUCTURE
TENANT IMPROVEMENTS -COMMERCIAL
BLOCK WALLS & PILASTERS (incl.footings)
RETAINING WALLS (includes footings)
RETAINING WALLS (wood)
GREENHOUSE
PATIO, SOLID COVER
PATIO, LATTICE COVER
ALUMINUM PATIO ENCLOSURE
DECK
$2.00/sq. ft.
$25.00/sq. ft.
$3.50/sq. ft.
$10.00/sq. ft.
$3.50/sq. ft.
$6.00/sq. ft.
$8.50/sq. ft.
$6.00/sq. ft.
$35.00/sq. ft.
$7.50/sq. ft.
11. DEMOLITION $50.00 flat fee
12. RE ROOF value to be substantiated by providing contract, fee
determined from building fee schedule
13. SWIMMING POOL/SPA/HOT TUB value to be substantiated by providing
contract, fee determined from building fee schedule
14. MISC. WORK -(that work not covered under permit unit fees in
either evaluation chart or evaluation supplement) value to be
substantiated by providing contract, fee determined from building
fee schedule
15. PLAN STORAGE FEES $75.00 flat fee
PLAN CHECKING FEES: All construction plans must be checked for
conformance with State and Town regulations. A plan checking fee shall
be paid to the building official at the time of submitting
construction drawings and specifications for review. Plan checking
fees shall be 65% of the building permit fees.
11/4/87
/'
'---.,
'J
EXHIBIT "A"
TOWN COUNCIL RESOLUTION
No._2!J94
BUILDING PERMIT FEES
SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS WILL BE BASED ON THE
FOLLOWING BUILDING VALUATION DATA: per square foot cast.
1 . APARTMENT HOUSES: TYPE I or II F.R. $93.70
TYPE V- MASONRY $75.30
(or Type I I I )
TYPE V - WOOD FRAME $72.40
TYPE I GARAGE $38.40
2.
DWELLINGS
TYPE V - MASONRY $85.90
TYPE V WOOD FRAME $82.20
VALUATION SUPPLEMENTS
-,
The fallowing occupancies and types are not covered in the Building
Evaluation data in the International Conference of Building Officials
Building Standards. This will be on a square footage basis unless
otherwise noted.
1 .
2.
3.
4.
5.
6.
7.
8.
9.
10.
SPRINKLERED STRUCTURE
TENANT IMPROVEMENTS -COMMERCIAL
BLOCK WALLS & PILASTERS (incl.footings)
RETAINING WALLS (includes footings)
RETAINING WALLS (wood)
GREENHOUSE
PATIO, SOLID COVER
PATIO, LATTICE COVER
ALUMINUM PATIO ENCLOSURE
DECK
$2. OO/?q.. ft.
$25.00/sq. ft.
$3.50/sq. ft.
$10.00/sq. ft.
$3.50/sq. ft.
$6.00/sq. ft.
$8.50/sq. ft.
$6.00/sq. ft.
$35.00/sq. ft.
$7.50/sq. ft.
11. DEMOLITION $50.00 flat fee
12. RE ROOF value to be substantiated by providing contract, fee
determined from building fee schedule
13. SWIMMING POOL/SPA/HOT TUB value to be substantiated by providing
contract, fee determined from building fee schedule
14. MISC. WORK -(that work not covered under permit unit fees in
either evaluation chart or evaluation supplement) value to be
substantiated by providing contract, fee determined from building
fee schedule
15. PLAN STORAGE FEES $75.00 flat fee
PLAN CHECKING FEES: All construction plans must be checked for
conformance with State and Town regulations. A plan checking fee shall
be paid to the building official at the time of submitting
construction drawings and specifications for review. Plan checking
fees shall be 65% of the building permit fees.
11/4/87
Where plans are incomplete~ or chanqed 50 as to require an additional
plan check and review, an additional plan review fee shall be charged
by the Building Official at $50.00 per hour with a minimum charge of
one hour.
ied
:Ie:
- ... ,
FEES FOR WORK COMMENCED WITHOUT PERMIT. A person who starts any work
for'~vhich a permit is required ~oJithout first having obtained a :permit
shall, if later issued a permit, pay a fee not to exceed four (4)
times the permit fee. However~ this provision does not apply to
emergency work, if the Building Official determines that such work was
urgently necessary and that it was not practical to obtain a permit
before starting work.
In
I for
to
OTHER INSPECTIONS AND FEES
ng
tion
ace
1.
Inspections outside of normal business hours - $g~~QQLbr~
(minimum charge 2 hours)*
Re-inspection fees assessed under provisions of Section
305 (g) is ~g~~QQ!
Inspections for which no fee is specifically indicated is !g~~QQ
2.
3.
*
4.
Additional plan review required by changes, additions or
revisions is $50.00 *
--------
ws:
* Or the total hourly cost to the jurisdiction, whichever is the
greatest. This cost shall include supervision, overhead, equipment,
hourly wages and fringe benefits of the employees involved.
ELECTRICAL PERMIT FEES.
FEES REQUIRED: Any fees required by this division shall be paid by the
applicant before any electrical work, requiring a permit hereunder, is
started and the permit issued.
the
is
MINIMUM FEE: The minimum fee for any electrical permit, unless
otherwise indicated is $25.00
MISCELLANEOUS PERMIT FEE. Any permit for miscellaneous electrical work
not in conjunction with a building permit, and not itemized below,
shall be a minimum fee df $25.00, or 2% of the contract cost, l~hichever
is greater.
-.Jork
1a 11
be
NEW SERVICE OR SERVICE CHANGE: Any permit for new service or change of
service not in conjunction with a building permit shall be charged as
follows:
000-100 amps $25.00
100-1000 amps $25.00
1000 amps & up $15.00
"l" 't ... J
,)
,
c. Food markets - 12% of the building permit fee
D. Restaurants - 12~ of the building permit fee
The minimum fee it. all of the above is $25.00. Percentages in excess
of $25.00 will follow the above schedule.
PLUMBING FEES
FEES REQUIRED: Any fee(s) required by this division shall be paid by
the applicant before any plumbing work, requIring a permit hereunder,
is started and the permit issued.
MINIMUM FEE: The minimum fee for any plumbing permit, unless otherwise
indicated is $25.00.
MISCELLANEOUS PERMIT FEE: Any permit for miscellaneous plumbing work
not in conjunction with a building permit, and not itemized below,
shall be a fee of $25.00 or 1.5X of the contract cost, whichever is
greater.
RESIDENTIAL DWELLINGS: For each plumbing permit for a one or two
family dwelling unit or a multi-family unit~ the fee shall be,based on
lOX of the building permit fee, inclusive of additions and alterations.
COMMERCIAL: Fees for commercial or industrial work (including retail
stores, offices, motels) in conjunction with a building permit are as
follows:
A. Office -lOX of the building permit fees
B. Retail sales - 10% of the building permit fees
C. Food markets - lOX of the building permit fee
D. Restaurants - 15X of the building permit fee
'. .)
c
GRADING PERMIT FEE SCHEDULE
PLAN CHECK:
TO:
50 cubic yards
100 cubic yards
.1000 cubic yards
10,000 cubic yards
No fee
$15.00
$22.50
$30.00
$15.00 each additional 10,000 cubic yards, to 100,000:C.Y.
PERMIT FEES:
TO:
1-50 C.Y.
51-100 C.Y.
101-200 C.Y.
201-300 C.Y.
301-400 C.Y.
401-500 C.Y.
501-600 C.Y.
601-700 C.Y.
701-800 C.Y.
801-900 C.Y.
901-1000 C.Y.
1001-2000 C.Y.
2001-3000 C.Y
3001-4000 C.Y.
5000 C.Y.
6000 C.Y.
7000 C.Y.
8000 C.Y
9000 C.Y.
10,000 C.Y.
$15.00
$22.50
$33.00
$43.50
$54.00
$64.50
$75.00
$85.50
$96.00
$106.50
$117.00
$126.00
$135.00
$144.00
$153.00
$162.00
$171.00
$180.00
$189.00
$198.00
Each additional 10,000 C.Y. $40.50
PbANN.ltiG fg.t;_~
C:l.t.n;;:'.I;iQBY__u.l.;_._E~BI~J~!ll'JSi._A ~IJ ,ON
2.
"-!'- .
5.
b.
I
" .
8.
1 .
C;E f\iE R,:.\ L FiL 1-'4 [\1 (~1'1E 1\1 D fviE f') 'r
RE ZCJf\! I l'le:;./ Pi~E ZOf\J r (.](3
3 .
IY i (~~3 T E ~~ P L A i',j
PRE C.: I S E F. L f'~ l\j
CONDITIONAL USE PERMITS
C[)f\i[) If"! [H I LW! CO!\J\/ERS I Clf'J USE IJEFr"'! I T
Ll- UN I T ~~ OR LESS
5 Uf'J I IS OR {"IDRE
ZOI\I I NG TE X T ?'1fv1Ef\IDI'1EN'T
EX TE:I"IS I Of\JS ~H\{jEi\;DfV!Ehj 15
~etI~9.QHY.~;.__P~S.I fiN_..RE.Y ~J;:~L_.a_(;;IJJ;Jt:I
1. CONSENI CALENDAR ITEM
( f1 I hlDR DE~3 I Gf\j RE\) I Fl.,,! )
c.~ .
3.
4 .
::J.
b.
[\jEt,.J COf\JS TRue T IOf'l
!"I~~JOR REi"iODELS &, r::\DD I T I CJf'JS
TO EXISTING BUILDINGS
,) A H 1 (~~ I\j C E & IV11 hI [I R J) E S I G hI f~ E V I E lr-J
SIGN PERMIT BAR APPROVAL
T R E E C [) ;'-1 P L A 1 f\j T
E >-: TEI\J~-3 i 01\J5'/ !~~r1Ef\ID~'1Er-! IS
R E i./ 1 1 .' 0 Lt / E.3 "7 ["1i"~ S T eRE s. j\j (J. c~ l-t c;;,~
FJL AhJr F E'C) . DCJC
t:~.~ ~~L
$Ei50...;.. CTI!\!:::,ULf Ai,] T
CU:~i T
750
2.00C\/lST it LJl\JI T~;
+ $ 1 00 / U f\i I 1 r HER E AFT E R
1,OOO/lsr 4 UNITS
+<$;50/ UN I T THERE?~FTER
500
Lt()CI+ 2':=) / Uf\J I T
L~I)O+5()/Ui\J I )-
750
1/:::; ORIC3lhl{~i._
FIL1NG FEE
'$ 1 \)1)
1 5 (.1 (i
5Cl(1
c?O()
L~OO
:J 0 (i
1. /2 OR I 1::31 I\)(':\l_
F-ILlf\H3 FEE
!:,Blf;~QRY~__~J_:_u.__,bHN,Q S.u~lL~_YJ.~IQN_._0~TI.QN
1 .
L. [J T L.i (\!f: A D JUS 'r f'lEi\J'1
FE~('>'
c! 5 (.1
-.
c.: .
LUl f'IF:.RGEf-~
[~so
:..~ . T E hiT ~\ T I './ E r< f4 P
Ct LiJT(3 DR u__~ss
"t iY) +- 1 0 \. I Fj E r-< l J.) T / U j\ll r
5Cl(.,+ .1 <10 PE_:R L ur ,: Li[\i I T
:j L. OT~) Oh' :'1URE.
it .
VESTINGfENTATIVE MAP
I} LOTS LJR LESS
5 LOT 5 OR ;.tl0j~E
5('1(, to- 1 SO Pt::r~ LD T / Uf\J I 1
7 (! (\ + .1 SOP E R L CJ T ,/ U f\l J :
:J.
F I f\JAL [.tIAP
"-t L_OTS OR LESS
5 LOTS OR ['-'lORE
/11)0,-50 PE.F~ L_OT,-' LJr'J I T
~j 0 (! + SOP E R L 0 'r / U 1\1 r r
6 . EhlG I NEER CHECf< (JF \.jEC3 T I f'JG ,/ F I ['H~L ["iAr-:;
AND I i"lPRO\)EI"lEI\JT PL ?:i!\!~:, ?~CnH~L COST + 1 u>~
(~[i [VI [ i',J I ~-) T r~ A T I CJ i\i F I": E
')
t~: (\j C-3 1 1\] F. E R I !\J:3 PEe T I [J I\j S
ACTUAL COST + lOX
PIDfvjII\JISTRATIOf\J FEE
8.
[!\!-LIEU PARI'<S 8 RECRE{YfION
soe PEF~ LUT UN I r
(--,
EX T Ef"jS I DNS / {.1:"'IEhJ Dr"lE l\j TS
j /' 2 CJ RIG I [\j (.-\ L.
F I L. I i\J Ci r-- E E
(';f\I{::GQ.8_,(_4_;__t;;.N~JJ1Q~~~~t.LT Ak_ ~~l- f;:..f)f1ANJ;I;.
1 . DE1 ERI'" I 1\11-':) T I iJN OF E :.: Ef'lP T I ur\j
50
2.
INITIAL STUDY & NEGAfIVE
DECL.AHA T T 01'1
j = ~l; DF:- L,OhJ l;:-U:~C T
3.
ElR (FULL OR FOCUSED)
15>;' [.'iF CDi'.! TR?:iC T
Cf\IE~!lB.Y___~ :__.'p_r;.~EkQPJjE~T_AGBJ;~M.~~I__f~t,;
;t-5 ~ (;0:). O(i depos 1 t O'F t^Jn i ch $c? ~ 5(,)0. or..) 1. S A non--re-funCiab 1 e
planning fE'e.
Tt-,e l-ernainil-IY '$2~5()().()<) v~:i 11 DE' tJsed -t;C1
offset the actual tImE? spent by the Town Attorney and the
To vJ n En gin e e 1- a t the r- ate 0 f $ 1 (; 0,.. h 0 u r . J f act u a 1 To VJ n
(~t tor n e van d T 0 ~'J Ii E n gin e E?j E' >< pen 5 (-? ism 0 r e t h a It $ c) ~ 500 . 00 ,
t r, e a p [_! 1 i C .3 n t s h :3 1 1. p a '/ t: h e U 1 f f e 7- en c e p 1- i 0 r- t 0 a P ;J r- D \/ a 1 CJ f
thE? De \i C' } D pine n t n q r E? E' men t . If act u a 1 r 0 I,') n f~ t t 0 \- n e '/ and ! 0 t-! n
E n gi ri e ere >: pen s e 1 S 1 e s s t h .3 '-I $ 2 . 5 (\ 0 . 'j I) ~ the d 1 t -f ~?,- E,-' .] c: e LJ j i 1
be returned to the applIcant.
R E '.,.I 1 L ,/ O'~ ./ ~3 '7 ,"II"! S T eRE S. f-.) U. 2 <' t 9 i!
PL?~r\jFEES. [lOr.:
c BTJ;GQft~t..J~; ..~ .,. _ B.~~g~i~r.tr;J~I_JdJJ:;IRl~.T_.,F_~J;:
1 . rC1 r{-\L_ (iSSES5i"lENT UI'lDER $:5(}0, O(l!)
F~E($~
-)5 -rFfE bf.l Ul..j
TUTf-'iL r~S~~E~:;S!"IEi'ji $::50 i... . ')')(i--$2. ~3(1), "OU
~')O+Ft::c: BELDl.J
3.
'T C~; .or ? ~ L~ {~ S :; E- 5 ~:; f~.l t:~ [\j'r $;-:2..~; () () II (J () 1 (~1 f1 r"j CJ R E
;' ~i() + t=- E E~ BE t {=H."lJ
In 2c1dltlon to the above fees. trH? actual ':lniE 'Spt:?fil: h.,' the
r 0 v'.'fj r~ t t C) C iT? Y and T 0 v,; n E n g 1 n E' f::'" ,- ~'J 1 1 1 b e b 1 lIe d a t t r 1 e r ,3 t E:-
o f $ J (\ ')/ h 0 '.J 1- . V! 1 tho a v iT) e n t r- e qUI! ' E'd fJ 1- 1 0 1- t 0 3 P 0 1- D V 2. 1. C f +.: h e
a:::,seSSifiF?nt dlst'j ice.
l;..e.LE,:JiQR):~_...::r ;____ .. IQHr~_f%-I IQ.R~r;:Y.L TQH~u.t;: ~~J ~e;E;R E_E:~.~
(j p pro p r- 1 ate fee '5 s h all b !? C h ,i r 9 e :::1 -f 0 r' ,::; p p 1 i cat 1 on 5 r e q a 1- din g
olany',i!iq, subdJ\'lSicr-( Ol- Dth(>f- mattei-S '-E'quiy-i:":g submisslon
tot h e T 0 V\J n 's pr-o f e s S 1 0 n a 1st M f f (T 0 I.^.J Ii A t tor n f? v 0 r' T lJ V) n
F n g ] n E:' e r-) f 0 r- anD 0 1 n ion 0 :- f- 2 '::, e a 1- c h, -:3 1-' d not C D v e 1- e lj b v ;3 n' /
othel- fef.? ~;chedllle, at the r-:=tte Cl+ {piO()/hour-. Said TE?2S
s h all b e p aid i n a. 0 \/ a nee b d sed U CJ [) n ,;3 P i- e JIlT! 1 n a:-y C? 5 t 1 In -:3 t e
p r 0....1 ide d b V the PIa n n 1 n g D i r- e c tor 01- i 0 VJl1 iV'd nag e c
R E ') 1 ,/ i) 4 / 8"7 fYif": S
P L (4 r\J FT E~; . DOC
TC RE'-=). hiO. 2/+9L1
f;AI~!3.P8Y e ~__ f-H2r.:lU'\!J~irRATtYE --$r;;ByJ~:J::$ltUNtST~RJ.Bl...._a~~TJJJN
f\lU r ( C 11\1[;
$50
'-'l
i.- ..
(~ ~J f-"-' E r:.:l L. ~3
:? :5 {)
:3 .
r RE E FF~: F'~i"1 I T
c~s
'--f .
HO!ViE: CJCCUP{~ T I Df\! ::.JEF~I"; I -r
::) c:,
l-.._ ,--,'
:i' .
RE c.UE ST T Cl t.J(~ i 'viE UNDERG!~ClUf\jD UT I LIT It:: S
2('('
b.
CEH T IF J CPl rES Of..":" CDI"!PL I ~HJCt.
**
**$125 basic fee plus $300 deposIt are payable In
a d Ii a nee +- 0 r- tho s E' 3 P p 1 1 cat i Dn ,::, J- e f e r- y- e d tot h e T C VJ n (-'! t t r "I e '/
for research And review. The Town Attorney's tIme IS bl11~d
at thE? l-ate oi: '$100/hour. It- actual e pense is less th3Tl
$3(\0, the differt?nce \'-)l11 be returned to the applicant. 1-f
a. c t LJ a.l e >~ P E' II 5 e 1 S m 0 r- e t h d r i ':1) 30') . the aD p J i can t S !i all pay'
the cifference orlor to rec~rdation of the certIficate.
t3ENEF(~~L PL~~hJ
')l.-
C ,:::)
t:J .
:'::Oi'-J I f\IG OH'D I NANCE
2':.)
':'-; .
S I [Jf\j ORD I f",j(~NCE'
c;
---'
} (I .
r F? E E \J R D I f\j () i\J C E
C~~
~J
] J .
DES I [,f\! RE\/ J El,) C3U I DEL i hH-:::S
5
12.
:'::'O!\l I j\JG l'-'lAP
LARGE
~)r"lAL L_
El
4
13.
AER I AI.. f.:iHOTCJS
S/ P()f\JEL.
Joe+.
LARGE AERIAL OVERLAY
1 U EP,CH
l~;). XEHOX1.f\i(3
UP TO 5 ~-3HFE T S
ADDI IONAL SHEETS
1'-10 CHf-::'F~C3E
$ . 25 E~4CH
CA TE tiQBY_~__~J__. __l'jlSJ~_.!' __-.ff;; ~~.
1 . RES IDE f\lT 1 A L B U 1 L D r ~\j G R E F'C) R f
-J Ef\jCRlJ{~C:~jrl.tE~t\j T PE.Rj'.111-
3. r [BLJPOf\J BL. (".JD. I fViPRU,jEI"lEhlT FUI\jU:
f-1L L. [\JE t.) RE SIDE f'J T J ?-~L
f\l E l,J R E T r\ I L '$ 1 0 . .:.~ i+ / S CJ. F or .
'7:::)
::j ()
1 . 974/Uf'.j i T
[;RCJ:3~; FLOUf~ AREA
NEW OFFICE ~ OTHER
!\JOr...j-RESIDEi'lTl f'lL '$ "'+.12/~J[i. FT. GRUSS FL[J(]F~ f~HEA
R E 1./ 1 1 .' 1.;< it ::3 7 r....l i"l S
r C: RES. hi o. Ci if 9 4
FJ L A f'J F E t:~ S . Due
RESOLUTION NO. 2493
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING COMPLETION
OF THE 1987-88 OVERLAYS PROJECT
WHEREAS~ the 1987-88 Ovelays Project No. 87-T-04 was
completed by Ghi10tti Bros. on October 19~ 1987~
NOW~ THEREFORE~ BE IT RESOLVED that this work be accepted as
recommended by the Town Engineer by the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on
November 4~ 1987 by the following
vote:
AYES:
COUNCILMEMBERS:
Duke~ Wilson~ Mayberry~ Shaw
Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OLD (24
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R. L. KLEINERT~
RESOLUTION NO. 2492
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REQUESTING AN EXTENSION OF TIME
TO UPDATE THE TOWN OF TIBURON GENERAL PLAN
FINDINGS:
1. The General Plan of the Town of Tiburon was
adopted in 1974, and has been expanded and amended from time to
time to include adoption of various State-mandated and discre-
tionary elements.
2. The Town Council has determined that it is neces-
sary to revise the Town's General Plan, including the Land Use,
Housing, Circulation, Open Space, Conservation, Safety, Noise
and discretionary elements thereof, and has commenced such
revisions.
3. Pursuant to section 65361 of the California
Government Code, the Town may apply to the Office of Planning
and Research (OPR) of the State of California for an extension
of time, up to one year, in which to complete the revision of
its General Plan.
4. Pursuant to the requirements of Government Code
section 65361, the Town Council hereby finds that it is neces-
sary to revise the Town's General Plan, including the Land Use,
Housing, Circulation, Open Space, Conservation, Safety, Noise
and discretionary elements thereof, and that there are facts
and circumstances which justify the granting of an extension of
time to complete such revisions, all as more specifically set
forth below:
(A) The Town of Tiburon is a small Town which has
experienced constant growth pressures, lawsuits
and controversial applications for development and
annexations. Because of statutory processing
deadlines, a large part of the Town's available
in-house staff resources have necessarily been
devoted to current planning matters.
(B) The Town of Tiburon has been under constant
development pressures and legal challenges which
have highlighted the inadequacy of the 1974
General Plan (as amended over the years) to serve
as the policy framework for guiding development
decisions in the future.
On October 16, 1985, the Town Council of the Town
of Tiburon adopted Ordinance No. 307 N.S., which
-1-
imposed a temporary moratorium on the approval of
subdivision applications, land use permits,
building permits, grading permits and other land
use entitlements. On January 9, 1986, the Town
Council adopted Ordinance No. 312 N.S., extending
the moratorium to January 8, 1987.
On April 8, 1986, the electorate of the Town of
Tiburon approved an initiative moratorium ordi-
nance (Measure C) which imposed a two year mora-
torium on most new construction in the Town.
These moratoria were enacted to permit the Town to
evaluate and update its General Plan in order to
maintain internal consistency among the various
elements, to plan for and manage growth, and to
study and analyze the traffic impacts of current
and future development in the Town.
(C) Despite sufficient budgetary provisions, substan-
tial recruiting efforts, and the employment of
special consultants to revise the General Plan,
the Town of Tiburon has not been able to obtain
necessary staff or consultant assistance. The
Town of Tiburon's Community Development Department
is composed of a Director, one Assistant Planner,
one Building Inspector, two temporary intern
positions, and two clerical support positions. In
addition to the Department's small staff, high
turnover has affected the continuity of planning
activities in the Town. The Town has had three
(3) Planning Directors in the past year, and the
current Director was only recently hired in
September, 1987. Furthermore, the Assistant
Planner position was vacated on September 18,
1987. In addition to staff turnover, controver-
sial development applications and multiple law-
suits challenging the validity of Measure C have
hindered the Town's ability to update its General
Plan according to its original work schedule, and
within the durational term of the Town's initia-
tive moratorium ordinance. [Section 65361-(a) (2)J
(D) Other reasons exist that justify the granting of
an extension. Despite continued efforts by the
Town of Tiburon to update and expand its General
Plan over the years to include various State-
mandated elements, until recently the Town has not
had the financial resources to comprehensively
update its General Plan, initially adopted by the
Town Council in 1974. [Section 65361-(a) (6)]
-2-
5. The Town now expects to adopt its revised General
Plan within the term of the one (1) year extension period.
6. The Town Council conducted a public hearing on
October 21, 1987, to consider whether to apply to OPR for such
an extension of time.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Tiburon as follows:
1. The Town of Tiburon hereby requests that the
Director of the Governor's Office of Planning and Research
grant the Town a one (1) year extension of time to complete the
revision of the Land Use, Circulation, Open Space, Conserva-
tion, Safety, Noise and other discretionary elements of the
Town of Tiburon General Plan, as set forth on the Request for
General Plan Element Extension, attached hereto and incor-
porated herein by reference.
2. During the period of the extension, the Town of
Tiburon will follow the policies and procedures set forth in
Exhibit "A", attached hereto and incorporated herein, relating
to the approval of discretionary land use projects.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 21, 1987, by the
following vote:
AYES:
COUNCILMEMBERS: Duke, Mayberry, Shaw,
Wilson, and Mayor Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
(}.L. ..Q ~t.l l
STONE D. COXHEAD, MAYOR
ATTE~/~(?
R. L. KLEIN~AGER/cLERK
Redraft Date: October 22, 1987
gp-ext-1.res
-3-
INTERIM POLICIES AND PROCEDURES
(Exhibit A)
In accordance with Section 65361(b) (3) of the Califor-
nia Government Code, the following interim policies and pro-
cedures shall be implemented by the Town of Tiburon during
their general plan extension period:
1. No new applications for general plan amendments,
community or area plan adoptions or amendments, spe-
cific plans, redevelopment plan adoptions or amend-
ments, shall be accepted, processed or approved during
the term of this extension.
2. Discretionary land use projects shall be approved by
the Town only if the Town makes written findings, based
upon substantial evidence in the record, that: (1)
there is a reasonable probability that the proposed
project will be consistent with the general plan
proposals being considered or studied as part of the
general plan adoption program; (2) the project poses
little or no probability of substantial detriment to or
interference with the future adopted general plan; and,
(3) the proposed project complies with the requirements
of the Tiburon Zoning and Subdivision Ordinances.
For the purposes of this extension, "discretionary land
use project" is defined to include zone changes;
tentative subdivision maps (including tentative parcel
maps/lot splits); master plans and precise plans;
design review, grading permits and building permits for
structures not listed in paragraph 3 below; land use
permits; conditional use permits; variances; and
modifications.
For the purposes of this extension, "Town" is defined
to include the town council, town officials, and any
commission, committee, board or individual delegated
administrative or legislative responsibilities under
town ordinances and policies.
"Zone change" as used herein means reclassification of
property from one zoning district to another on the
zoning map.
3. During the term of this general plan extension period
the Town may accept, process, and approve the following
development applications provided that said development
application conforms with the current provisions of the
Tiburon Municipal Code and general plan:
-1-
f,- , -h-t 11-
",r 1:1 ~ ,~. -C!~_u.
A. Additions and improvements to, and uses of exist-
ing buildings; and variances applied for in
connection therewith;
B. Design review, grading and building permits for,
and construction of, new single family homes on
legal lots of record for which a final map has
been recorded; and variances applied for in
connection therewith;
C. Any construction undertaken pursuant to a specific
building permit when said building permit was
issued and said construction substantially com-
menced prior to the effective date of this general
plan extension;
D. Construction deemed necessary by the Town to
preserve the public health and safety or to abate
a nuisance; and any construction undertaken by or
on behalf of the Town upon any public or private
property for the purpose of construction of a new
Town Hall and/or new firehouse;
E. Permits necessary or required for construction,
maintenance, and/or repair of public or private
roadways, sanitary sewerage facilities, and/or
drainage facilities;
F. Permits for reconstruction and/or repair of
property damages by fire, earthquake, flood, or
other catastrophic occurrence.
G. Applications approved in connection with settle-
ment of litigation against the Town challenging
the validity of Measure C where such litigation
was filed before January I, 1987.
4. A copy of the draft revised general plan shall be
submitted to OPR within thirty (30) days following
consideration of it by the Planning Commission. All
environmental documents processed in connection with
the revised general plan to be adopted shall be sub-
mitted to OPR for review and comment not less than
thirty (30) days prior to consideration of said docu-
ments by Planning Commission.
Redraft Date: October 21, 1987
interim.exa
-2-
Exhibit -8=:--
A. Additions and improvements to, and uses of exist-
ing buildings; and variances applied for in
connection therewith;
B. Design review, grading and building permits for,
and construction of, new single family homes on
legal lots of record for which a final map has
been recorded; and variances applied for in
connection therewith;
C. Any construction undertaken pursuant to a specific
building permit when said building permit was
issued and said construction sUbstantially com-
menced prior to the effective date of this general
plan extension;
D. Construction deemed necessary by the Town to
preserve the public health and safety or to abate
a nuisance; and any construction undertaken by or
on behalf of the Town upon any public or private
property for the purpose of construction of a new
Town Hall and/or new firehouse;
E. Permits necessary or required for construction,
maintenance, and/or repair of pUblic or private
roadways, sanitary sewerage facilities, and/or
drainage facilities;
F. Permits for reconstruction and/or repair of
property damages by fire, earthquake, flood, or
other catastrophic occurrence.
G. Applications approved in connection with settle-
ment of litigation against the Town challenging
the validity of Measure C where such litigation
was filed before January 1, 1987.
4. A copy of the draft revised general plan shall be
submitted to OPR within thirty (30) days following
consideration of it by the Planning Commission. All
environmental documents processed in connection with
the revised general plan to be adopted shall be sub-
mitted to OPR for review and comment not less than
thirty (30) days prior to consideration of said docu-
ments by Planning Commission.
Redraft Date: October 21, 1987
interim.exa
-2-
Exhibit -B=-
RESOLUTION NO. 2491
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DESIGNATING BONDS AS QUALIFIED
TAX-EXEMPT OBLIGATIONS
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
1. The Town, together with its subordinate entities,
has issued less than $10 million of governmental purpose bonds in
calendar year 1987.
2. The Town, together with its subordinate entities,
has no intention at this time of issuing more than $10 million of
governmental purpose bonds in 1987, nor do they believe that there
is any reasonable prospect that they will do so.
3. The Town hereby designates the Bonds for Gilmartin
Drive Refunding District 1987-3, Town of Tiburon, Marin County,
California, as "Qualified Tax-Exempt Obligations" for purposes of
Section 265 (b) (3) of the Internal Revenue Code of 1986.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 21 , 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
Duke, Wilson, Mayberry, Shaw
Coxhead
None
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
(?L. tJ. ~'h fl
STONE D. COXHEAD, MAYOR
Town of Tiburon
None
ATTES~b
R. L. KLEINERT, TOWN MANAG~R/CLERK
ORIGINAL
RESOLUTION NO. 2490
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
THE TOWN OF TIBURON EXPRESSING APPRECIATION TO
HANK BRUCE
FOR HIS OUTSTANDING CONTRIBUTION TO THE TOWN
WHEREAS, Hank Bruce is a resident of Tiburon and has been a
local architect for 14 years, and
WHEREAS, Hank Bruce has served on the Board of Directors of
the Tiburon Peninsula Advisory Committee, is a member of the
American Institute of Architects and National Trust for Historic
Preservation, and an active member of the Tiburon Peninsula
Rotary Club, and
WHEREAS, Hank Bruce has contributed his time, talent and
energy to design a bus shelter for downtown Tiburon as a gift to
the residents of the Town of Tiburon,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby extend its appreciation to Hank Bruce
for this outstanding community contribution which will be of
lasting benefit to local residents and commuters.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 21., 1.987 b~i the following
vote:
AYES: COUNCILMEIYIBERS: Duke, Wilson, Mayberry, Sl1aw
Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILI.vlENBERS: None
t?~~~
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO.
2489
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ORDERING SALE OF REFUNDING BONDS
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
The Town Council accepts the offer of WULFF, HANSEN & CO. ,
INC., (attached to this resolution and by reference incorporated in
it), to purchase all of the refunding bonds to be issued in
Gilmartin Drive Refunding District 1987-3, Town of Tiburon, Marin
County, California.
The Town Council directs the sale and delivery of the
bonds to the offeror in accordance with the terms and conditions
stated in the offer.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 7, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
Duke, Wilson, Mayberry, Coxhead
NOES:
COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS: Shaw
()L Q k:4L _~
STONE D. COXHEAD, MAYOR
Town of Tiburon
TOWN MANAGER/CLERK
ORIGINAL
Municipal Financing
Special Assessment,
Mello-Roos,
and Revenue Bonds
County
City
')ecial district
:;ommercial
'dust rial
asidential
Hospital
Public
Schools
Street opening
Sewer
Water
Landscaping
Sidewalks
Curbs
Gutters
Lighting
Drainage
Traffic control
Parking
Meters
Pedestrian malls
Parks
Public Safety
Playground
Recreation
Refinancing
Renovation
Dredging
Reclamation
WULFF, HANSEN & CO.
ESTABLISHED 1931
INVESTMENT BANKERS
201 SANSOME STREET, 7TH FLOOR
SAN FRANCISCO 94104
[415J 421-8900
October 6, 1987
The Honorable Town Council
Town of Tiburon
Tiburon, California
Re: Gilmartin Drive Refunding District 1987-3
(the -District -)
Dear Council Members:
Wulff, Hansen & Co., as managing underwriter (the
"Underwri ter") of the above referenced issue, hereby
offers to purchase all, but not less than all, bonds to
be offered by the Town of Tiburon (the "Town") pursuant
to the provisions of the Refunding Act of 1984 for
Improvement Act Bonds, Division 11.5 of the California
Streets and Highways Code to represent the cost of
refunding bonds in Gilmartin Drive Assessment District
No. 84-1.
We make this
conditions:
offer under the following terms and
Amount of Bonds:
$3,845,000.00.
Form of Bonds:
Registered bonds to be issued
serially. Bond denominations of
$1,000 to $100,000 with the odd lot
bond in the first maturity.
Interest Rates: 1989 6.00 1997 8.25
1990 7.00 1998 8.40
1991 7.25 1999 8.50
1992 7.50 2000 8.50
1993 7.75 2001 8.55
1994 8.00 2002 8.55
1995 8.00 2003 8.60
1996 8.25 2004 8.60
Price: 97.50% of par value plus accrued
interest.
Term: 16 years.
OVER HALF A CENTURY HELPING CALIFORNIANS
Town Council
Town of Tiburon
October 6, 1987
Page Two
Average Interest
Cost:
Net Interest Cost:
First Interest Payment
and Approximate
Maturity Schedule:
Date of Bonds and
Delivery Date:
Foreclosure Clause:
Reserve Fund:
Redemption Premium:
Paying Agent and
Registrar:
8.444%.
8.651630%.
The first interest payment on the Bonds
shall be March 2, 1989, with principal
payments commencing September 2, 1989,
and annually thereafter as specified
below:
1989
1990
1991
1992
1993
1994
1995
1996
$ 5,000.00
5,000.00
5,000.00
120,000.00
195,000.00
210,000.00
225,000.00
240,000.00
260,000.00
285,000.00
310,000.00
335,000.00
365,000.00
395,000.00
425,000.00
465,000.00
1997
1998
1999
2000
2001
2002
2003
2004
Approximately October 20, 1987.
The Town shall covenant to commence
judicial foreclosure of delinquent
assessments not later 150 days
following delinquency.
The Town shall establish a reserve fund
in the amount of five and one-half
percent (5.5%) of the bond par value. In
our view, it is reasonably required for
this issue, and vital to the marketing of
the Bonds, that proceeds from the
investment of monies in said reserve fund
should be retained in said fund until the
amount in said fund equals the maximum
annual amount allowed by law. Said
reserve fund shall also cover the January
2, 1988, refunded bonds' debt service.
3% of unmatured principal.
Bank of America, San Francisco,
California.
Town Council
Town of Tiburon
October 6, 1987
Page Three
No Litigation:
A no litigation certificate of the Town
shall accompany the Bonds at delivery.
Legal Opinion:
The opinion of Sturgis, Ness, Brunsell &
Sperry , Emeryville, California, without
qualification and without expense to the
Underwriters to be printed on the Bonds.
Conditions Precedent:
The obligations of the Underwriter to
accept delivery of and pay for the Bonds
on the Closing Date shall be subject, at
the option of the Underwriter, to the
following additional conditions:
(a) The Resolution and any other
applicable agreements shall be in
full force and effect, and shall not
have been amended, modified or
supplemented except as may have been
agreed in writing by the
Underwriters, and there shall have
been taken in connection therewith,
with the issuance of the Bonds and
with the transactions contemplated
thereby and by this Purchase
Contract, all such actions as, in
the opinion of Sturgis, Ness,
Brunsell & Sperry, Emeryville,
California, Bond Counsel for the
Town, shall be necessary and
appropriate;
(b) Between the date hereof and the
closing date, the market price or
marketability of the Bonds at the
initial offering prices set forth
in the Offering Statement shall not
have been materially adversely
affected, in the judgment of the
Underwriters (evidenced by a
written notice to the Town
terminating the obligation of the
Underwriter to accept delivery of
and pay for the Bonds) by reason of
any of the following:
Town Council
Town of Tiburon
October 6, 1987
Page Four
(1) Legislation enacted (or
resolution passed) by the
Congress of the United States
of America or a decision
rendered by a court
established under Article III
of the Constitution of the
United States of America or by
the Tax Court of the United
States of America, or an order,
ruling, regulation (final,
temporary or proposed), press
release or other form of notice
issued or made by or on behalf
of the Treasury Department or
the Internal Revenue Service
of the United States of
America, with the purpose or
effect, directly or
indirectly, of imposing
federal income taxation upon
the interest as would be
received by the owners of the
Bonds;
(2) Legislation enacted (or
resolution passed) by the
Congress of the United States
of Am e r i c a ,or an 0 r de r ,
decree or injunction issued by
any court of competent
jurisdiction or an order,
ruling, regulation (final,
temporary or proposed), press
release or other form of
notice issued or made by or on
behalf of the Securities and
Exchange Commission, or any
other governmental agency
having jurisdiction of the
subject matter, to the effect
that obligations of the
general character of the
Bonds, or the Bonds, including
any or all underlying
arrangements, are not exempt
from registration under or
other requirements of the
Securities Act of 1933, as
I'
i
I
I
Town Council
Town of Tiburon
October 6, 1987
Page Five
amended, or that the Resolution
is not exempt from
qualification under or other
requirements of the Trust
Indenture Act of 1939, as
amended, or that the issuance,
offering or sale of obligations
of the general character of the
Bonds, or of the Bonds,
including any or all
underwriting arrangements, as
contemplated hereby or by the
Offering Statement or
otherwise is or would be in
violation of the federal
securities laws as amended and
then in effect;
(3) Any amendment to the Federal or
California Constitution or
action by any Federal or
California court, legislative
body, regulatory body or other
authority materially adversely
affecting the tax status of the
Town, its property, income,
securities (or interest
thereon), validity or
enforceability of the
assessments or the ability of
the Town to construct or
acquire the improvements as
contemplated by the Resolution
and the Offering Statement; or
(4) Any event occurring, or
information becoming known
which, in the judgment of the
Underwriter makes untrue or
misleading in any material
respect any statement or
information contained in the
Offering Statement concerning
the Town, the improvement
project, the landowners, or the
property assessed.
Town Council
Town of Tiburon
October 6, 1987
Page Six
Non-Recourse:
The Bonds are limited obligation
improvement bonds and are solely secured
by the property assessed in these
proceedings with no Town financial
responsibility for Bond debt service.
Town Covenant:
The Town shall covenant to take any
action within its powers to maintain the
tax-exempt status of the Bonds.
Non-Refundable:
The Bonds are non-refundable until March
2, 1995.
Place of Delivery:
To be determined.
Time of Delivery:
Not later than 48 hours after the Town
notifies the undersigned that the Bonds
are ready for delivery. I f the subject
Bonds are not delivered by 5: 00 p. m. on
the third day after the aforementioned
delivery date, the Underwriter reserve
the right to renegotiate the price and/or
the rate of interest.
Expiration:
This offer expires October 8, 1987.
Very truly yours,
~~.
Mark Pressman
Vice President
MP/pt
RESOLUTION NO.
2488
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AUTHORIZING ISSUANCE OF REFUNDING BONDS
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
Section 1. RECITALS. On October 7, 1987, the Town
Council of the Town of Tiburon adopted its resolution of
intention to conduct reassessment proceedings and issue
refunding bonds in Gilmartin Drive Refunding District 1987-3,
Town of Tiburon, Marin County, California, under the provisions
of the Refunding Act of 1984 for 1915 Improvement Act Bonds (the
IIActll). Proceedings taken under the Act led to the levy of
reassessments by the Town Council against parcels of land within
the reassessment district in the total amount of $3,845,000.00.
These reassessments will be recorded in the office of the County
Recorder of the County of Marin, and thereupon will become a
lien on each of the reassessment parcels. The refunding bonds
are being issued in the amount of the total reassessment.
Section 2. ISSUANCE OF BONDS. The Town Council
hereby authorizes the issuance of refunding bonds under the
provisions of the Act to be secured by the reassessments. The
bonds shall be designated, IILimited Obligation Refunding Bond,
Town of Tiburon, Gilmartin Drive Refunding District 1987-3,
Series No. 1987-3.11 In all respects not specified in this
resolution, the bonds shall be issued in the manner prescribed
by the Act. Bonds shall be issued in denominations of $5000 or
integral multiples thereof, and shall be dated October 20, 1987.
ORIGINAL
Bonds shall mature and shall bear interest at the rates set
forth in the table attached as Exhibit A.
Section 3. APPOINTMENT OF PAYING AGENT. FISCAL AGENT.
REGISTRAR AND TRANSFER AGENT. The Town Council hereby appoints
Bank of America National Trust and Savings Association as paying
agent, fiscal agent, registrar and transfer agent for the bonds
in accordance with an agreement between the Town of Tiburon and
Bank of America.
Section 4. FORM AND EXECUTION. Bonds shall be issued
as fully registered bonds substantially in the form set forth as
Exhibit B to this resolution. The bonds shall be signed by the
Town Treasurer and the Town Clerk and the seal of the Town shall
be affixed. Both signatures and seal may be reproduced on the
bonds by facsimile, but upon its registration or reregistration
each bond shall be authenticated by the manual signature of the
registrar.
The paying agent shall assign to each bond
authenticated and registered by it a distinctive letter, or
number, or letter and number, and shall maintain a record
thereof which shall be available to the Town for inspection.
Section 5. ESTABLISHMENT OF SPECIAL FUNDS. For
administering the proceeds of the sale of bonds and payment of
interest and principal on the bonds, there are hereby
established five funds to be known as the refunding fund, the
redemption fund, the investment earnings fund, the excess
investment earnings fund and the special reserve fund,
respectively, for Gilmartin Drive Refunding District 1987-3.
2
Section 5.1. REFUNDING FUND. Except as provided in
Section 5.3, proceeds of sale of the bonds, together with the
redemption fund and special reserve fund for the outstanding
bonds for Gilmartin Drive Assessment District No. 84-1 shall be
deposited in the refunding fund to be maintained by the Finance
Director. Disbursements from the refunding fund shall be made
by the Finance Director in accordance with the budget of
estimated costs and expenses set forth in the reassessment
report heretofore approved by the Town Council, which report and
budget are subject to modification by the Town Council from time
to time as prescribed by the Act. Any surplus remaining in the
refunding fund after the retirement of all bonds of the refunded
issue shall be transferred to the reserve fund.
Section 5.2. REDEMPTION FUND. The redemption fund
shall be maintained by the Finance Director. All payments of
principal and interest installments on the reassessments,
together with penalties, if any, shall be deposited in the
redemption fund, which shall be a trust fund for the benefit of
the bondholders. Payment of the bonds at maturity, or at
redemption prior to maturity, and all interest on the bonds
shall be made from the redemption fund.
Section 5.3. SPECIAL RESERVE FUND. The special
reserve fund shall be maintained by the Bank of America National
Trust and Savings Association, in accordance with the provisions
of the Town's Statement of Investment Policy to be provided to
the Bank by the Finance Director. There shall be deposited into
the special reserve fund the amount of $307,600.00 from the
3
proceeds of the sale of bonds. The special reserve fund shall
be administered as follows:
A. During the term of the bonds, the amount in the
special reserve fund shall be available for transfer into the
redemption fund in accordance with Section 9620 of the Streets
and Highways Code, to the extent of delinquencies in the payment
of reassessments Cor delinquencies, if any, in the assessments
replaced by the reassessments). The amount so advanced shall be
reimbursed to the special reserve fund from the proceeds of
redemption or sale of the parcel for which payment of delinquent
reassessment installments was made from the special reserve
fund.
B. If any reassessment is prepaid before final
maturity of the bonds, the amount of principal which the
assessee is required to prepay shall be reduced by an amount
which is in the same ratio to the original amount of the special
reserve fund as the original amount of the prepaid reassessment
bears to the total amount of reassessments originally levied in
Gilmartin Drive Refunding District 1987-3. This reduction in
the amount of principal prepaid shall be balanced by a transfer
from the special reserve fund to the redemption fund in the same
amount.
C. The amounts deposited in the reserve fund will
never exceed 10% of the proceeds of the bond issue. Proceeds of
investment of the special reserve fund shall be deposited in the
investment earnings fund.
D. When the amount in the special reserve fund
4
equals or exceeds the amount required to retire the remaining
unmatured bonds (whether by advance retirement or otherwise),
the amount of the special reserve fund shall be transferred to
the redemption fund, and the remaining installments of principal
and interest not yet due from assessed property owners shall be
cancelled without payment.
Section 5.4. INVESTMENT EARNINGS FUND. Proceeds of
the investment of amounts in the refunding fund (except proceeds
to be used for retirement of the refunded bonds), the special
reserve fund and the redemption fund will be deposited in the
investment earnings fund. On July 1 of each year during the
term of the bonds (or at other times as may be required or
permitted by regulations of the United States Internal Revenue
Service), the Finance Director shall determine whether any
portion of investment earnings must be rebated to the United
States pursuant to Section 148 of the United States Internal
Revenue Code and regulations adopted thereunder. Any amounts
required to be rebated will be transferred to the excess
investment earnings fund. The balance will be transferred to
the reserve fund, provided that the transfer will not cause the
reserve fund to exceed 10% of the proceeds of the bond issue;
otherwise the balance will be transferred to the redemption fund
to be applied as a credit against the next installment of
principal and interest posted to the tax roll.
The Finance Director is authorized to retain
independent attorneys, accountants and other consultants to
assist in complying with Federal requirements.
5
Section 5.5. EXCESS INVESTMENT EARNINGS FUND. Amounts
in the excess investment earnings fund shall be invested in the
same manner as amounts in the other funds and shall be held in
trust for rebate to the United States at the times required by
Section 148 of the United States Internal Revenue Code and
regulations adopted thereunder.
Section 6. PAYMENT ON BONDS. The principal and
interest on the bonds shall be payable at the office of Bank of
America National Trust and Savings Association, Corporate Agency
Division, P. O. Box 37000, San Francisco, California 94137.
Principal and interest shall be paid by check, draft or warrant
mailed to the registered owner of each bond at the owner's
address appearing on the register maintained by the registrar on
the 15th day preceding the date of interest payment or maturity
of each bond.
Section 7. REREGISTRATION. Any bond may be
registered to a new owner by completing the assignment
certificate on the reverse of the bond and delivering the bond
to the registrar. Upon reregistration, any bond may be replaced
by one or more bonds of the same maturity and aggregate amount
in denominations of $5000 or any integral multiple thereof.
Section 8. COVENANTS. In the event of a default in
the payment of any bond or any installment of interest thereon,
bondholders shall have the remedies set forth in the Act. In
addition, the Town Council makes the following covenants, which
shall constitute a contract with the bondholders:
Section 8.1. FORECLOSURE OF LIENS. If any
6
installment of the principal or interest of any reassessment
levied in Gilmartin Drive Refunding District 1987-3 becomes
delinquent, the Town Council shall cause an action to be filed
in the Superior Court of the County of Marin to foreclose the
lien of the delinquent reassessment under the authority of
Section 9545 and following of the Streets and Highways Code of
the State of California. This action shall be filed not later
than one hundred fifty (150) days after the date of delinquency.
Section 8.2. ARBITRAGE. During the term of the
bonds, the Town will make no use of bond proceeds which, if such
use had been reasonably expected at the date the bonds are
issued, could have caused the bonds to be lIarbitrage bondsll
within the meaning of Section 148 of the United States Internal
Revenue Code of 1986, and regulations of the Internal Revenue
Service adopted thereunder, and further shall rebate to the
United States any amounts actually earned as arbitrage in
accordance with the provisions of that Code and those
regulations.
Section 8.3. MAINTENANCE OF TAX EXEMPTION. The Town
will take all reasonable actions required to maintain the status
of the bonds as bonds exempt from federal income taxes and State
of California personal income taxes.
*
*
*
7
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 7, 1987, by the
following vote:
AYES:
COUNCILMEMBERS:
Duke, Wilson, Mayberry, Coxhead
NOES:
COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS: Shaw
()I.- [). (;4LQ
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
R. L.
8
MATURITY SCHEDULE
TOWN OF TIBURON, GILMARTIN REFUNDING DISTRICT 1987-3
SEPT 2
MATURITY
DATE
PRINCIPAL INTEREST
AMOUNT RATE
1989 $5,000.00 6.00%
1990 5,000.00 7.00
1991 5,000.00 7.25
1992 120,000.00 7.50
1993 195,000.00 7.75
1994 210,000.00 8.00
1995 225,000.00 8.00
1996 240,000.00 8.25
1997 260,000.00 8.25
1998 285,000.00 8.40
1999 310,000.00 8.50
2000 335,000.00 I 8.50
2001 365,000.00 8.55
2002 395,000.00 8.55
2003 425,000.00 8.60
2004 465,000.00 8.60
--------------
--------------
TOTAL: $3,845,000.00
EXHIBIT A
United States of America
State of California
County of Marin
REGISTERED
REGISTERED
Number
$
LIMITED OBLIGATION
REFUNDING BOND
TOWN OF TIBURON
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
SERIES NO. 1987-3
INTEREST RATE
MATURITY DATE
BOND DATE
CUSIP NUMBER
REGISTERED OWNER:
PRINCIPAL SUM:
Under and by virtue of the Refunding Act of 1984 for 1915
Improvement Act Bonds, Division 11.5 of the Streets and Highways
Code, (the IIActll), the Town of Tiburon, County of Marin, State of
California, (the IITownll), will, out of the redemption fund for the
payment of the bonds issued upon the unpaid portion of reassessments
made for the refunding of all outstanding 1915 Act bonds in
Gilmartin Drive Assessment District No. 84-1 more fully described in
the Resolution of Intention adopted by the Town Council of the Town
of Tiburon on the 7th day of October, 1987, pay to the registered
owner stated above or registered assigns, on the maturity date
stated above, the principal sum stated above, in lawful money of the
United States of America and in like manner will pay interest from
the interest payment date next preceding the date on which this Bond
EXHIBIT B
is authenticated, unless this Bond is authenticated and registered
as of an interest payment date, in which event it shall bear
interest from such interest payment date, or unless this Bond is
authenticated and registered prior to March 2, 1989, in which event
it shall bear interest from its date, until payment of such
principal sum shall have been discharged, at the rate per annum
stated above, payable semiannually on March 2 and September 2 in
each year commencing on March 2, 1989. Both the principal hereof
and redemption premium hereon are payable at the principal corporate
trust office of Bank of America National Trust and Savings
Association-Corporate Agency Division, or its successor, as Transfer
Agent, Registrar and Paying Agent, in San Francisco, California, and
the interest hereon is payable by check or draft mailed to the owner
hereof at the owner's address as it appears on the registration
books of the Bank, or at such address as may have been filed with
the Bank for that purpose, as of the fifteenth day immediately
preceding each interest payment date.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND
SET FORTH IN THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES
HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This bond will continue to bear interest after maturity at
the rate above stated, provided, it is presented at maturity and
payment thereof is refused upon the sole ground that there are not
sufficient moneys in said redemption fund with which to pay same.
If it is not presented at maturity, interest thereon will run until
maturity.
This Bond shall not be entitled to any benefit under the
2
Act or the Resolution Authorizing Issuance of Bonds (the "Resolution
of Issuance"), or become valid or obligatory for any purpose, until
the certificate of authentication and registration hereon endorsed
shall have been dated and signed by the Bank.
IN WITNESS WHEREOF, said Town of Tiburon has caused this
bond to be signed in facsimile by the Treasurer of said Town and by
its Clerk, and has caused its corporate seal to be reproduced in
facsimile hereon all as of the 20th day of October, 1987.
TOWN OF TIBURON
Clerk
Treasurer
(SEAL)
Certificate of Authentication and Registration
This is one of the Bonds described in the within
mentioned Resolution of Issuance, which has been
authenticated and registered on
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
as paying agent, transfer agent and registrar
By
Authorized Officer
3
(REVERSE OF BOND)
TOWN OF TIBURON
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
ADDITIONAL PROVISIONS OF THE BOND
This bond is one of several annual series of bonds of
like date, tenor and effeot, but differing in amounts, maturities
and interest rates, issued by the Town of Tiburon under the Aot
and the Resolution of Issuanoe, for the purpose of refunding bonds
desoribed in said prooeedings, and is seoured by the moneys in
said redemption fund and by the unpaid portion of said
reassessments made for the payment of said improvements, and,
including prinoipal and interest, is payable exolusively out of
said fund.
This Bond is transferable by the registered owner
hereof, in person or by the owner's attorney duly authorized in
writing, at said offioe of the Bank, subjeot to the terms and
oonditions provided in the Resolution of Issuanoe, inoluding the
payment of oertain oharges, if any, upon surrender and
canoellation of this Bond. Upon such transfer, a new registered
Bond or Bonds, of any authorized denomination or denominations, of
the same maturity, for the same aggregate prinoipal amount, will
be issued to the transferee in exchange therefor.
Eonds shall be registered only in the name of an
individual (inoluding joint owners), a oorporation, a partnership
or a trust.
Neither the Town nor the Bank shall be required to make
such exohange or registration of transfer of bonds during the
fifteen (15) days immediately preceding any interest payment date.
The Town and the Bank may treat the owner hereof as the
absolute owner for all purposes, and the Town and the Bank shall
not be affected by any notice to the contrary.
This bond or any portion of it in the amount of $5,000
or any integral multiple thereof, may be redeemed and paid in
advance of maturity upon the second day of March or September in
any year by giving at least 60 days' notice by registered mail to
the registered owner hereof at such owner's address as it appears
on the registration books of the Bank and by paying principal and
accrued interest together with a premium equal to three percentum
of the principal.
This bond is not subject to refunding pursuant to the
procedures of Division 11 (commencing with Section 9000) or
Division 11.5 (commencing with Section 9500) of the Streets and
Highways Code prior to September 2, 1994.
I hereby certify that the following is a correct copy of
the signed legal opinion of STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, Emeryville, California, on file in my
office.
Town Clerk
2
RESOLUTION NO.
2487
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING REASSESSMENT REPORT
AND CONFIRMING REASSESSMENTS
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
On October 7, 1987, the Engineer of Work filed the
written report prescribed by Section 9523 of the Streets and
Highways Code.
On the basis of the information set forth in the report,
this Town Council hereby finds and determines that the three
conditions specified by Section 9525 of the Streets and Highways
Code are satisfied. Accordingly, this Town Council is authorized
to proceed and does hereby approve and confirm the Reassessment
Report, and hereby authorizes issuance and sale of the proposed
refunding bonds.
Serial bonds representing unpaid reassessments, and
bearing interest at a rate not to exceed twelve percent (12%) per
annum, shall be issued in accordance with the terms and conditions
of the Refunding Act of 1984 for 1915 Improvement Act Bonds (the
IIActll), and the last installment of the bonds shall mature fifteen
(15) years from the 2nd day of September next succeeding twelve
(12) months from their date. The reassessments and interest
thereon shall be collected in the manner prescribed by the Act and
are subject to reassessment, amendment, and prepayment, all in
accordance with the provisions of the Act and the related
provisions of the Improvement Bond Act of 1915 which are
ORIGINAL
incorporated therein.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 7, 1987, by the
following vote:
AYES:
COUNCILMEMBERS:
Wilson, Duke, Mayberry, Coxhead
NOES:
COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw
C7~ Q. e.r~
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTES/IlIIdV
R. L. KLEINERT, TOWN MANAGER/CLERK
2
RESOLUTION NO. 2486
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS
IN GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
This Town Council hereby determines that the public interest
or necessity requires the refunding of all outstanding bonds
previously issued as Series No. 1984-1, dated August 2, 1984,
Gilmartin Drive Assessment District No. 84-1, Town of Tiburon, Marin
County, California. This Town Council hereby declares its intention
to refund said outstanding bonds and to levy reassessments pursuant
to the Refunding Act of 1984 for 1915 Improvement Act Bonds (the
"Act") as security for said refunding bonds.
This Town Council hereby directs SCHWARTZ.WAAG ASSOCIATES,
INC., to prepare and file with the Town Clerk of the Town of Tiburon
a written report containing each of the items specified by Section
9523 of the Act.
Serial bonds representing unpaid reassessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Act, and the last
installment of the bonds shall mature fifteen (15) years from the
2nd day of September next succeeding twelve (12) months from their
date.
The Town will not obligate itself to advance available funds
from the Town Treasury to cure any deficiency which may occur in the
bond redemption fund. A determination not to obligate itself shall
not prevent the Town from, in its sole discretion, so advancing
funds.
ORIGINAL
The procedure for the collection of reassessments and advance
retirement of bonds under the Act shall be as provided in Part 11.1,
Division 10, of the streets and Highways Code of the state of
California.
The amount of any surplus remaining after completion of the
refunding shall be transferred to the reserve fund for the refunding
bonds.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 7, 1987, by the following vote:
AYES: COUNCILMEMBERS:
Wilson, Duke, Mayberry, Coxhead
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
ATTEST~
R. L. KLEINERT,
Shaw
()I-c 9. tZrt.. ~
STONE D. COXHEAD, MAYOR
Town of Tiburon
RESOLUTION NO.
2485
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR ENGINEERING SERVICES
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement between
the Town of Tiburon, and SCHWARTZ.WAAG ASSOCIATES, INC., for
services as Engineer of Work for Gilmartin Drive Refunding District
1987-3, Town of Tiburon, Marin County, California, dated the 30th
day of September, 1987, and attached to this resolution.
The Mayor is authorized to sign the agreement and the Town
Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 7, 1987, by the following vote:
AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
().t.... Q. ~L.t
STONE D. COXHEAD, MAYOR
own of Tiburon
ATTEST:
ORIGINAL
This is an agreement for engineering services bet~een the
TO~n Of Tiburon, a mUnicipal corporation Of the State Of california,
referred to as Client, and SCRWARTZ,WAAG ASSOCIATES, INC., referred
to as Engineer.
AGREEMENT FOR ENGINEERING SERVICES
GILMARTIN DRIVE REFUNDING DISTRICT 1987_3
1. Client retains Engineer as Engineer Of Work for Gilmartin
Drive Refunding District 1987-3, TO~n of Tiburon, Marin COunty,
california, to prepare the reassessment report as reqUired in
Section 9523 of the Streets and High~ayS COde (Refunding Act of 1984
for 1915 Improvement Act Bonds).
2. In Consideration Of the services Set forth in Paragraph
1, Client shall Pay to Engineer the amOunt Of $~ ~ithin
30 dayS after delivery Of refunding bonds in the reassessment
proCeedings.
PaYment by Client Of said compenSation is Contingent uPon the
levy Of reassessments and the sale and delivery Of refunding bonds.
If, for any reason, reassessments are not Confirmed and refunding
bonds delivered, Engineer shall be Paid no fee.
Dated: September 30, 1987
ATTEST:
TOWN OF TIBURON, a mUnicipal
corporation Of the State Of
California
By
~Q~
MaYor
RObert
By
SCHW~Z. W~ /~S.:YCIAT~S, INc.
By ~cV:~~.c:
/
/
RESOLUTION NO. 2484
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR LEGAL SERVICES
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement between
the Town of Tiburon, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for Gilmartin Drive Refunding District 1987-3, dated
October 7, 1987, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 7, 1987, by the following vote:
AYES: COUNCILMEMBERS: Duke, Mayberry, Wilson, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
ATTEST:
0./- .0. (41, Q
STONE D. COXHEAD, MAYOR
own of Tiburon
ORIGINAL
AGREEMENT FOR LEGAL SERVICES
GILMARTIN DRIVE REFUNDING DISTRICT 1987-3
TOWN OF TIBURON
This is an agreement for legal services between the Town of
Tiburon, a municipal corporation of the state of California,
referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, Attorneys at Law, Emeryville, California,
referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to perform
the following legal services relating to Gilmartin Drive Refunding
District 1987-3, Town of Tiburon, Marin County, California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Refunding Act of 1984 for 1915 Improvement Act Bonds
(the "Act"), including the legal format of the
engineer's report required by section 10204.
(b) The preparation of written instructions to Client's
Clerk and other staff members concerning the performance
of legally-required duties.
(c) Review of documents prepared by Client's engineering
staff or consulting engineers, including reassessment
diagram and reassessment roll.
(d) Attendance at all public meetings of Client at which
matters relating to the reassessment district are
considered, except routine matters.
(e) Attendance at staff meeting or meetings of property
owners, upon the request of the Client, after reasonable
notice.
(f) Telephone consultation with staff members and property
owners to answer legal questions about the reassessment
proceedings.
(g) Arrangements for the printing of refunding bonds to
represent unpaid reassessments.
(h) The preparation of a record of assessment installments
for the use of the County AUditor, if required.
ORIGINAL
(i) Arrangements for the sale of refunding bonds either by
negotiation or by public bid, at the option of Client,
including a review of financial disclosure requirements
and, if required, the preparation of the notice inviting
bond bids.
(j) The preparation of bond delivery documents.
(k) The rendition of a legal opinion on the validity of the
refunding bonds and the proceedings leading to their
issuance.
(1) Preparation of a transcript of the legal proceedings in
loose-leaf form for the use of the Client.
(m) Preparation of the required reports to the California
Debt Advisory Commission (pursuant to section 8855 et
seq. of the Government Code) and to the Internal Revenue
Service (pursuant to Section 149 of the Internal Revenue
Code of 1986).
2. The services of Bond Counsel under this agreement shall
not include the following:
(a) Legal services in connection with the acquisition of
interests in real property, either through negotiation
or through exercise of the power of eminent domain.
(b) Legal services in connection with litigation.
The performance by Bond Counsel of services excluded by
this paragraph, if required by Client, shall be under
separate oral or written agreement.
3. In consideration of the services set forth in paragraph
1, Client shall pay to Bond Counsel the following fee and costs:
(a) The legal fee shall be an amount equal to one and one-
quarter percent (1-1/4%) of that portion of the amount
assessed not exceeding $1 million, plus one-half of one
percent (.5%) of that portion of the amount assessed
exceeding $1 million.
(b) Costs shall be reimbursed to Bond Counsel as follows:
1) The cost of transportation, meals and lodging.
2) The cost of preparing auditor's record, if required:
7 cents per assessment for each year of the bond issue,
with a minimum of $30.00.
3) The cost of long distance telephone calls: at billed
cost.
4) The cost of photocopying: 10 cents per sheet.
The cost of other services for which Bond Counsel makes
arrangements under this agreement (such as bond printing
costs) shall be billed to the Client and shall be paid
by Client directly to the payee.
(c) Payment by Client of the legal fee is contingent upon
the levy of assessments and the sale and delivery of
improvement bonds representing unpaid reassessments in
the reassessment district. If for any reason,
reassessments are not confirmed and bonds delivered,
Bond Counsel shall be paid no legal fee. Both the legal
fee and costs are payable upon delivery of the bonds.
4. Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the reassessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this reassessment
district, and has not received a fee from any source for services
connected with the project.
DATED: October 7, 1987
TOWN OF TIBURON, a municipal
corporation of the state of
California
By
()/..-. Q ~
Mayor
::TEST~~
ROBERT L. KLEINERT, Town Clerk
SS, BRUNSELL & SPERRY
sional corporation
.~y~
Edwin N. Ness
RESOLUTION NO. 2483
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING
EXECUTION OF CO~il~UNITY DEVELOPMENT
BLOCK GRANT PROG~i COOPERATION
AGREEMENT WITH THE COUNTY OF ~lARIN
WHEREAS, it is mutually desired by the Town of Tiburon ana
the County of 1:-iarin that thei enter into a Cooperation Agreement,
in accordance with the Housing and Community Development Act of
1974, as amen~ed, in order to ~oint~y un~ertake communitj
development and housing assistance activities,
NOW, THEREFORE, BE IT RESOLVED that the Town Council o[ the
Town of Tiburon approves and authorizes the Mayor to execute, on
behalf of the Town, a three :-x;ear Communi ty Deve~opment Block
Grant Cooperation Agreement with the County of Marin, attached
hereto as "Exhibit A".
PASSED AND ADOPTED at a regular meetin9 of the Town Counci:'
of the Town of Tiburon on October 7, 1987 by the following
vote:
AYES: COUNCILI"iEIvIBERS: Wilson, Duke, lvlayber r:-x-, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILhEMBERS: Shaw
()/.-. [l ~
STONE D. COXHEAD, ~lAYOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER CLERK
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this 1rt day of DC!.-ipi?JGfL; ,1987,
by and between TOWN OF TIBURON , herelnafter referred
to as "City" and COUNTY OF MARIN, hereinafter referred to as "County."
WIT N E SSE T H
WHEREAS, TOWN OF TIBURON is a duly constituted
corporation under the laws of the State of California~ and is empowered
thereby to undertake essential community development and housing assistance
activities~ specifically urban renewal and publicly assisted housing; and
WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of
California, and is also empowered by State law to undertake essential
community development and housing assistance activities, specifically urban
renewal and publicly assisted housing; and
WHEREAS~ Government Code Sections 6500, et seq., authorize two or more public
agencies to jointly exercise any power common to both; and
WHEREAS, it is mutually desired by the parties hereto to enter into a
Cooperation Agreement~ in accord with the Housing and Community Development
Act of 1974, as amended, and applicable Federal rules and regulations adopted
pursuant thereto, whereby the parties shall jointly undertake community
development and housing assistance activities.
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:
1. The parties hereto agree to cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance
activities, specifically urban renewal and publicly assisted housing,
pursuant to the Housing and Community Development Act of 1974, as
amended. This Agreement shall become effective September 30, 1987, and
be in effect until terminated, but termination may not occur before
September 30, 1990.
2. Upon certification of Marin County, including all or a portion of the
incorporated cities~ as an "urban county" for Fiscal Years 1988, 1989~
and 1990, under the Housing and Community Development Act of 1974, as
amended, and applicable rules and regulations adopted pursuant thereto, a
Priority Setting Committee shall be formed consisting of one (1)
representative designated by each of the participating cities and one (1)
representative designated by the Board of Supervisors. Each
representative shall have equal voting rights on the Committee. The
Committee shall prepare a proposed Housing Assistance Plan, Final
Statement of Community Development Objectives and Projected Use of Funds,
and any other documentation required by the U.S. Department of Housing
and Urban Development (HUD) for the Community Development Block Grant
program, including, but not limited to, a list of specific projects to be
undertaken and priorities for implementation for both housing and
community development projects.
Pa ge 1 0 f 5
In preparing its proposed plans, project priorities, Final Statement, and
other documentation, the Committee shall disseminate complete information
to citizens of Marin County concerning its proposals and alternatives;
shall conduct public hearings to obtain the views of citizens on
community development and housing needs; and shall provide citizens with
adequate opportunity to participate in the development of programs and
priorities.
To ensure adequate participation in the planning process, six subregional
citizen participation/planning areas will be designated which will
include the cooperating incorporated cities as well as adjacent
unincorporated areas. These will be the Richardson Bay Area, Lower Ross
Valley, Upper Ross Valley, Novato Planning Area, San Rafael Planning
Area, and West Marin. Each year, a minimum of one workshop or public
hearing shall be conducted within each citizen participation planning
area. At any time prior to submission of the Urban County Community
Development documents to HUD, each City Council shall have veto power
over any proposed project within its boundaries, and the Board of
Supervisors shall have similar veto power over any project proposed for
the unincorporated area of the County. Each City Council and the Board
of Supervisors shall exercise its veto power only in that period prior to
submission of the required documents and certifications to the Department
of Housing and Urban Development. This veto power shall not be used to
allow any party to this Cooperation Agreement to obstruct the
implementation of the approved Housing Assistance Plan during the three
program years for which the County qualifies as an urban county and for
such additional time as may be required for the expenditure of funds
granted to the County for such period.
Upon completion of planning area and Priority Setting Committee
deliberations, the Final Statement and other documentation shall be
submitted to the Marin County Board of Supervisors for review and
approval. The Marin County Board of Supervisors will have final
responsibility for selecting projects and filing the Final Statement and
other documentation with HUD.
3. After deduction of administrative expenses, forty percent (40%) of the
net monies allocated annually to the COUNTY OF MARIN as an "urban county"
under the Housing and Community Development Act of 1974) as aw.~nded,
shall be allocated for housing purposes on a countywide basis.
Distribution of such funds will be made by the Board of Supervisors, on
recommendation of the Priority Setting Committee. Such distribution will
be consistent with HUD guidelines and City-County developed evaluation
criteria, to ensure consistency and facilitate implementation of
countywide housing goals.
The remaining sixty percent (60%) of the net urban county allocation
shall be suballocated to the interjurisdictiona1 citizen
participation/planning areas according to the general distribution
formula established by the Department of Housing and Urban Development
based on the latest countywide available data on population, the extent
of poverty, and the extent of housing overcrowding, with the provision
that the extent of poverty be counted twice. However, a different
distribution is hereby expressly authorized if and when necessary to
comply with Title I of the Housing and Community Development Act of 1974,
Page 2 of 5
as amended. If any project submitted by County as a portion of the
Community Development documentation is found to be lIplainly
inappropriate" to County1s stated needs and objective~ or ;neligihl~ hy
the Department of Housing and Urban Development, the proposed project
shall not be funded. In such an event, the County, acting in concert
with the Priority Setting Committee and the affected citizen
participation/planning area, may submit an alternative priority project
which is within the original cost and in line with the stated needs and
objectives of County, provided such a resubmission conforms with the
rules and regulations of the Department of Housing and Urban Development
for the administration of Title I of the Housing and Community
Development Act of 1974, as amended.
4. The parties hereto agree that this Cooperation Agreement shall be a
continuing agreement.
5. City may terminate its participation in this Cooperation Agreement and
membership on the Priority Setting Committee by a single majority vote of
its governing body. Such termination shall take effect only at the end
of the federal three-year urban county qualification period in which the
action is taken. The first such qualification period will end September
30, 1990. Subsequent urban county qualification periods will end
September 30 on every third year following that date.
6. Any public housing to be located in City and which under the Constitution
of the State of California requires approval of the voters shall not be
approved unless it receives a favorable majority of the voters of City.
7. Pursuant to the Cooperation Agreement, County, acting through the Board
of Supervisors, shall be the primary general-purpose local governmental
unit under the Housing and Community Development Act of 1974, as
amended. It shall be the responsibility of County to apply for grants~
to administer all funds received, and to undertake or assist in
undertaking essential community development and housing assistance
activities. County shall have the authority to carry out activities
which will be funded from annual Community Development Block Grants from
Federal Fiscal Years 1988, 1989, and 1990 appropriations and from any
program income generated from the expenditure of such funds. Records
shall be kept by County in accordance with approved accounting
procedures, and said records shall be available for public inspection at
all times.
8. The County and all cooperating cities shall take all actions necessary to
assure comp,liance with the urban county1s certification required by
Section 104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including the National Environmental Policy Act of
1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil
Rights Act of 1968, Executive Order 11988, Section 109 of Title I of the
Housing and Community Development Act of 1974, and other applicable laws.
Page 3 of 5
9. City shall inform County of any income generated by the expenditure of.
Community Development Block Grnnt flJnrl~ receiv~d_by City_ A~y such
program income shall be paid to County for use for eligible activities in
accordance with all Community Development Block Grant requirements as may
then apply. County has the responsibility for monitoring and reporting
to the United States Department of Housing and Urban Development on the
use of any such program income, thereby requiring appropriate
recordkeeping and reporting by City as may be needed for this purpose.
In the event of close-out or change in status of City, any program income
that is on hand or received subsequent to the close-out or change in
status shall be paid to County.
10. The following standards shall apply to real property acquired or improved
in whole or in part using Community Development Block Grant funds that is
within the control of a participating City.
a. City shall give County timely notification of any modification or
change in the use of the real property from that planned at the time
of acquisition or improvement including disposition.
b. City shall reimburse County in an amount equal to the current fair
market value (less any portion thereof attributable to expenditures
of non-Community Development Block Grant funds) of property acquired
or improved with Community Development Block Grant funds that is
sold or transferred for a use which does not qualify under the
Community Development Block Grant regulations.
c. City shall pay to County any program income generated from the
disposition or transfer of property prior to or subsequent to the
close-out, change of status or termination of the cooperation
agreement between County and City. Any program income shall be
allocated by County for eligible activities in accordance with all
Community Development Block Grant requirements as may then apply.
The parties hereto agree that the final responsibility for analyzing needs,
setting objectives, developing plans, selecting projects for community
development and housing assistance, and filing Final Statements and other
required documentation rests with County, as required by the Housing and
Community Development Act of 1974, as amended.
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed the above instrument on the day
and year first aboye written.
COUNTY OF MARIN
By:
Harold C. Brown, Jr., Chairman
Board of Supervisors
ATTEST:
Clerk of the Board
Robert H. San Chez
Deputy County Counsel
y 1-)) 1937
Page 5 of 5
TOWN OF TIBURON
By:()L D ~
Mayor
ATTG~
RESOLUTION NO. 2482
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON DENYING THE
DISABILITY RETIREMENT CLAIM OF
FOMER POLICE CHIEF JOHN E. BAILEY
WHEREAS, the Town of Tiburon is a contracting agency of the
Public Employees Retirement System, and
WHEREAS, the Public Employees Retirement law re~uires that a
contracting agency determine whether an employee of such agency
who is classified as a local safty member is disabled for
purposes of the Public Employees Retirement law and whether such
disability is "industrial" within the meaning of such law, and
WHEREAS, an application for disability retirement of John E.
Baiiey employed by the Town of Tiburon in the position of Chief
of Police has been filed with the Public Employees Retirement
System, and
WHEREAS, the Town Council of the Town of Tiburon has
reviewed the medical and other evidence relevant to such alleged
disability,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon finds and determines that John E. Bailey is not
incapacitated within the meaning of the Public Employees
Retirement law for performance of his duites in the position of
Chief of Police.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 7, 1987 by the following
vote:
AYES:
NOES:
ABSENT:
COUNC IL~lIDoIBERS :
COUNCILMEMBERS:
COUNCILMEMBERS:
Wilson, Duke, Mayberry, Coxhead
None
Shaw
()~ [J.~- fL
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO. 2481
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON DECLARING
OCTOBER 4 THRU 10, 1987 TO BE
"MENTAL ILLNESS AWARENESS WEEK"
WHEREAS, a wide variety of mental illnesses can
strike almost any time, many of which are quite
debilitating, and the causes for which are not well
understood, and
WHEREAS, since the causes of most mental illnesses
are not well known, we can neither prevent nor cure
them, but we can reduce their burden by providing
social rehabilitation, vocational services, housing,
day programs, medical care, emergency care, therapy,
supportive services, and
WHEREAS, since the release of the majority of
people with these disorders from state hospitals some
20 years ago with the process of deinstitutionalization
there has not been the adequate or sufficient care in
the communities that was envisioned at the beginning of
this process, and
WHEREAS, with the cutbacks in federal and state
funding for treatment of mental illnesses in recent
years, such funding has become an increasingly heavy
burden on local county governments, and
WHEREAS, Marin County, due to budget crises of its
own, has had to cut back drastically on its funding of
Community Mental Health Services, the County program
for treatment of the mentally ill,
NOW, THEREFORE, BE IT RESOLVED by the Town Council
of the Town of Tiburon that October 4 thru 10 be
declared "Mental Illness Awareness Week" in an effort
to help advocates for better treatment of the mentally
ill bring information about treatment and financing
problems and their potential solutions to a greater
percentage of Tiburon residents and to work together
with them to achieve solutions to those problems.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on September 30,
1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Wilson, Shaw, Coxhead
None
Duke, Mayberry
()L f). !2L-Z
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
$~
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2480
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE GRANT OF AN EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF AN UNDERGROUND
WATER LINE
WHEREAS, Abolfath Hosseinioun ("Hosseinioun") has
requested that the Town grant him a ten (10) foot wide easement
over Town owned open space for the purpose of constructing and
maintaining an underground water pipeline to the Marin
Municipal Water District's water tank located at the end of Via
Los Altos, which pipeline is necessary to serve his lot on
Eagle Rock Road; and
WHEREAS, Hosseinioun has agreed to indemnify and hold
the Town harmless from any damages arising from the
construction, use or maintenance of said water line and
easement, to restore Town's open space to its prior condition
after construction of the water line, and to maintain said
easement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Tiburon, as follows:
1. The Town Council hereby approves the grant to
Abolfath Hosseinioun, upon the conditions set forth herein, of
the ten (10) foot wide easement particularly described in the
Grant of Easement and Hold Harmless Agreement attached hereto
as Exhibit "A" and incorporated herein as though set forth in
full, for the construction, repair, replacement, maintenance,
operation and removal of an underground water pipeline between
Hosseinioun's property and the Marin Municipal Water District
water tank located at the end of Via Los Altos.
2. The Mayor is authorized to sign a Grant of Easement
and Hold Harmless Agreement, in the form of Exhibit "A"
attached hereto, upon execution of the same by Hosseinioun.
3. Upon execution of the Grant of Easement and Hold
Harmless Agreement, the Town Clerk shall cause a certified copy
thereof to be recorded in the Office of the Recorder of Marin
County. Hosseinioun shall reimburse the Town for its
reasonable expenses, including recording costs and attorney's
fees, in connection with the grant of easement.
/
/
/
/
/
/
-1-
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 30, 1987, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATT~~
R. L. KLEINERT, TOWN MANAGER/CLERK
Final Draft: 10/1/87
-2-
Coxhead, Duke, Shaw
None
Mayberry, Wilson
(0L i~; 6;~L-Q_
STONE D. COXHEAD, MAYOR
Town of Tiburon
GRANT OF EASEMENT AND HOLD HARMLESS AGREEMENT
THIS GRANT OF ~ASEMENT AND HOLD HARMLESS AGREEMENT,
made this 1- day of 6!:. r~ --' , 1987, by and between the
TOWN OF TIBURON, hereinafter referred to as Grantor, and
ABOLFATH HOSSEINIOUN, hereinafter referred to as Grantee.
WHEREAS, Grantee is the owner of the real property
located in the County of Marin, 8tate of California, described
in that certain deed recorded October 22, 1985, recorder's
serial number 85-46421 of Marin County Records (hereinafter
sometimes referred to as "Grantee's Property"); and
WHEREAS, Grantee has requested that Grantor grant him a
ten foot (10') easement across open space lands owned by
Grantor in the County of Marin, State of California, for the
purpose of constructing and maintaining an underground water
pipeline to provide water to Grantee's Property from the Marin
Municipal Water District's water tank on Via Los Altos Road;
and
WHEREAS, Grantor wishes to grant said easement to
Grantee upon the conditions set forth herein.
NOW, THEREFORE,
1. Grantor does hereby grant to Grantee an easement
for underground water pipeline purposes, which easement is more
particularly described as follows:
EASEMENT for Water Pipeline Purposes 10 feet in
Width, the Centerline being more particularly
described as follows:
BEGINNING at a point distant 837 12'W 7.00 feet
from the most westerly property corner of the
lands of Marin Municipal Water District des-
cribed as Parcel One in that certain deed
recorded November 9, 1983 recorders serial no.
83-56631 Marin County Records and distant N52
58'W 77.00 feet from the water meter located in
such lot and running thence from said point of
beginning on a line bearing N15 33'W 408.00
feet, thence N88 48'W 440.00 feet, 851 42'W
184.00 feet and 827 42'W 293.00 feet to a point
of termination.
-1-
Fxhihit -A-
2. Grantee shall have the right to lay, maintain,
repair, remove, replace and operate an underground pipeline of
such dimensions as Grantee may elect, for the purpose of
transmitting and delivering water to Grantee's Property,
together with reasonable rights of ingress and egress over
adjoining lands for the construction, repair and maintenance of
such pipeline.
3. Said easement shall be appurtenant to and for the
benefit of the lands of Hosseinioun, described in that certain
deed recorded October 22, 1985, recorder's serial number 85-
46421 of Marin County Records.
4. After installation of the water pipeline, and after
any maintenance or repair work, Grantee shall repair and
restore the surface of the easement as closely as possible to
its prior natural state. Grantee shall further maintain and
keep in good repair any water pipeline which he may install in
the easement, and upon his failure to do so upon demand of
Grantor, Grantor may make necessary repairs and assess the
costs thereof to Grantee, and the same, and costs of collection
thereof, including reasonable attorney's fees, shall become a
lien on Grantee's Property.
5. Grantee shall relocate, without any expense to
Grantor, any pipeline or related improvements within said
easement, if and when made reasonably necessary by any change
of grade of the surface of the easement resulting from land-
slide, earthquake, or any other cause over which Grantor has no
control. In the event it becomes possible, at any time in the
future, to obtain comparable water service for Grantee's
Property through an alternate pipeline not requiring use of the
easement' granted herein, Grantor may, at any time thereafter,
require Grantee to remove any existing pipeline improvements
from the easement granted herein, and to abandon said easement.
6. The easement granted herein shall be and is non-
exclusive, and the right is hereby reserved by Grantor to use
said easement for any and all purposes which will not interfere
-2-
"
tXhijb~t -.--r
with or jeopardize the use of the easement for the purposes of
Grantee.
In the event that Grantor determines that the easement
granted herein may interfere with a use of the property con-
templated by Grantor, Grantee, upon notice and the granting of
a reasonably comparable alternative easement by Grantor, shall,
at Grantee's sole cost, relocate the pipeline improvements to
such alternative easement, and shall execute all documents
required to abandon the easement granted herein. Grantor shall
give Grantee at least three months written notice of any such
demand to relocate the pipeline, and Grantor may, upon a
showing that Grantee is proceeding diligently and in good
faith, extend such time as reasonably necessary for Grantee's
completion of such relocation in order that water service to
Grantee's property shall not be interrupted.
7. Grantee agrees to and shall indemnify and hold
harmless Grantor and its officials, employees, and agents, from
any and all suits, actions or claims brought for, or on account
of any injuries or damage to any person(s) or property, related
to the installation, maintenance, repair, replacement, reloca-
tion, operation or removal of the pipeline, or in any way
arising out of the existence of said water pipeline, and from
any attorney's fees incurred by Grantor in connection with any
such actions.
Grantee agrees to and shall indemnify, including
payment of reasonable attorney's fees, and hold harmless
Grantor and its officials, employees, and agents, from any cost
of construction, maintenance, repair, replacement, relocation,
operation or removal of said water pipeline, including but not
limited to the cost of installation of the pipeline, and repair
of any disturbance of the soil related thereto, repair of any
slide, earth or water movement damage related to the pipeline
installation, repair, maintenance or use.
III
III
Eifhibit __tr
-3-
8. This Agreement shall be binding on the respective
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, Grantor and Grantee have executed
this Grant of Easement and Hold Harmless Agreement on the day
and year first set forth above.
GRANTOR:
TOWN OF TIBURON
By:
()~ Q. C4Le
STONE D. COXHEAD, Mayor
ATTEST:
R. L. K EINERT, Town Manager/Clerk
GRANTEE:
J17. 7~'1' ~.
ABOLFATH L~O~~{INI~~~1' ~
(\ . - 4 -
t~xhib~t --1i--
RESOLUTION NO. 2479
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON PROCALIMING
OCTOBER 1987 "UNITED WAY MONTH"
WHEREAS~ for more than six decades United Way of the Bay
Area has responded effectively and humanely to the urgent and
varied human care needs of this community~ and
WHEREAS~ United Way1s 270 specialized health and human care
agencies and their skilled staffs this year will provide hope and
help for almost two million residents of the Bay Area~ and
WHEREAS~ thousands of dedicated volunteers who represent a
true cross-section of our uniquely diverse population make United
Way1s annual campaign so efficient that more than 90 cents out of
every contributed dollar goes directly to human care services~
and
WHEREAS~ volunteers make fair and far-sighted funding
decisions in the allocation of funds to agencies~ services and
programs; and volunteers are~ in fact~ the cornerstone of all
United Way operations and po1icies~ and
WHEREAS~ United Way has served as a powerful catalyst in
convening leaders from business~ labor~ government and the non-
profit sector in creative local problem-solving projects~
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby proclaims October 1987 "United Way fvlonthll
and calls upon all citizens and organizations alike to join us in
saluting the 1987 Campaign and the 100th Anniversary of the
Un i t e d Way.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 16~ 1987 by the following
vote:
AYES: COUNCILMEMBERS: Duke~ Wi1son~ Mayberry~ Shaw
Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
()LQ. Ql., 9-,
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R.
RESOLUTION NO. 2478
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON CONGRATULATING THE CITY OF BELVEDERE
UPON THE OCCASION OF ITS 90TH BIRTHDAY
WHEREAS, ninety years ago in the year 1897, the
residents of Belvedere Island elected to officially
establish the City of Belvedere, and
WHEREAS, the City of Belvedere was originally
populated by summer residents who converted their
cottages into permanent residences, and
WHEREAS, the City of Belvedere was initially
comprised of boat yards, a codfishery, the Belvedere
Hotel and Belvedere Golf and Country Club, and
WHEREAS, the City of Belvedere and Town of Tiburon
have continued to be good neighbors and have jointly
pursued common goals for the betterment of the Tiburon
Peninsula community,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby unanimously
commend and congratulate the City of Belvedere upon the
occasion of its 90th Birthday.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on September 16,
1987, by the following vote:
AYES:
COUNCILMEMBERS: Duke, Wilson,
Mayberry, Shaw,
Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
()L. Q. t4UL
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
~ .
~ L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2477.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROPOSING A 1987 AYALA DAY
SPORTS CHALLENGE TO THE CITY OF BELVEDERE
WHEREAS, the Town of Tiburon is preparing for the
19th annual Ayala Day celebration, and
WHEREAS, the Town of Tiburon and the City of
Belvedere have met on various greens for numerous
sporting challenges, and
WHEREAS, the Town of Tiburon has obviously
prevailed in these various sporting events due
primarily to the number and superiority of its players,
and
WHEREAS, the Town of Tiburon is prepared to
bolster the Belvedere team by loaning some of its
players,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby challenge
the City of Belvedere to a volleyball contest and that
a desirable date and location would be Ayala Day 1987,
Sunday, October 4, on Angel Island.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on Septmeber 16,
1987, by the following vote:
AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry,
Shaw, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
01-- Q. (4/... L
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RO~ AGER/cLERK
RESOLUTION NO. 2476
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ENDORSING FORMATION OF
AN EXPANDED CITY/COUNTY TASK FORCE TO DRAFT
A LOCAL TRANSPORTATION IMPROVEMENTS PLAN
WHEREAS~ transportation is continually cited by Marin
residents as a primary concern~ and
WHEREAS~ state and federal funding levels for streets~
roads~ highways and transit continues to decrease~ and
WHEREAS~ the Legislature has approved legislation (SB 878)
which allows counties to develop an expenditure plan listing
crucial transportation projects and asks voters to impose a sales
tax of up to 1~ to pay for those projects~ and
WHEREAS~ November 8~ 1988 would be the soonest feasible date
to consider a sales tax measure for transportation.
NOW~ THEREFORE~ BE IT RESOLVED that the Town of Tiburon
endorses the formation of an expanded city/county task force
whose charge will be to draft a local expenditure plan for
transportation improvements to be funded by an SB 878 sales tax
measure~ and
BE IT FURTHER RESOLVED that the Mayor is authorized to
appoint a representative and alternate to the task force and
authorize that representative to participate in the preparation
and recommendation of a local expenditure p1an~ and
BE IT FURTHER RESOLVED that the Board of Supervisors be
requested to solicit appointees to the task force from the
following groups: Marin County Chamber of Commerce~ Marin
Conservation League~ Marin Builders Exchange~ Golden Gate Bridge,
Highway & Transportation District~ United Taxpayers of Marin~
League of Women Voters~ Farm Bureau~ and Marin Senior
Coordinating Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 3~ 1987 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Shaw
Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ATTE~prr-
R. L. KL~ MANAGER/CLtRK
("fl- 9, C1J... Q,
STONE D. COXHEAD~ MAYOR
RESOLUTION NO. 2475
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING THE ANNUAL SALARY PROGRAM
FOR THE TOWN OF TIBURON FOR FISCAL YEAR 1987-88
WHEREAS, SECTION 3-3 OF THE TIBURON MUNICIPAL CODE
REQUIRES THAT AN ANNUAL SALARY PROGRAM BE ADOPTED FOR EACH
FISCAL YEAR AS PART OF THE PERSONNEL SYSTEM OF THE TOWN OF
TIBURON,
NOW, THEREFORE, BE IT RESOLVED, THAT THE TOWN COUNCIL
OF THE TOWN OF TIBURON DOES HEREBY APPROVE THE ANNUAL SALARY
PROGRAM OF FISCAL YEAR 1987-88 COMPOSED OF THOSE SCHEDULES
ATTACHED HERETO, EFFECTIVE 1 JULY 1987, AND MADE A PART
HEREOF AS FOLLOWS:
1. SALARY SCHEDULE A - MANAGEMENT EMPLOYEES
2. SALARY SCHEDULE B - PROFESSIONAL/MID MANAGEMENT
CONFIDENTIAL EMPLOYEES
3. SALARY SCHEDULE C - NON-MANAGEMENT EMPLOYEES
4. SALARY SCHEDULE D - POLICE EMPLOYEES
5. SALARY SCHEDULE E - SCHEDULE OF OVERTIME RATES,
WAGES, FOR."CASUAL EMPLOYEES
AND MILEAGE REIMBURSEMENT
6. SALARY SCHEDULE F - HEALTH & MEDICAL INSURANCE
PROGRAM
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON ON SEPTEMBER 3,1987,
BY THE FOLLOWING VOTE:
AYES:
COUNCILMEMBERS: DUKE, WILSON, MAYBERRY
SHAW, COXHEAD
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
()t{)k)Le
STONE D. COXHEAD, MAYOR
TOWN OF TIBURON
S A L A R Y S C H E D U L E "A"
MAN AGE MEN T E M P L 0 Y E E S
1987-88
POSITION
INCUMBENT'S SALARY
POLICE CHIEF
$4,000
DIRECTOR OF COMMUNITY DEVELOPMENT
3,833
SUPERINTENDENT OF PUBLIC WORKS
3,302
FINANCE DIRECTOR
3,075
S A L A R Y S C H E D U L E "B"
PROFESSIONAL/MID-MANAGEMENT
CONFIDENTIAL EMPLOYEES
POSITION
INCUMBENT'S SALARY
ASSISTANT PLANNER
$1,700
2,150
ASSISTANT TOWN CLERK
S A L A R Y S C H E D U L E "c"
NON-MANAGEMENT EMPLOYEES
1987-88
DURING THE PERIOD 1 JULY 1987 THROUGH 30 JUNE 1988, THE
MONTHLY RANGE FOR EACH CLASSIFICATION SHALL BE AS FOLLOWS:
POSITION LOW RANGE HIGH RANGE
BUILDING OFFICIAL 2,196 2,635
PUBLIC WORKS FOREMAN 2,081 2,505
MAINTENANCE WORKER II 1,705 2,047
MAINTENANCE WORKER I 1,573 1,887
DEPARTMENT SECRETARY 1,605 1,925
SECRETARY 1,395 1,675
DURING THE PERIOD 1 JULY 1988 THROUGH 31 DECEMBER 1988, THE
MONTHLY RANGE FOR EACH CLASSIFICATION SHALL BE AS FOLLOWS:
HIGH RANGE
POSITION
BUILDING OFFICIAL
LOW RANGE
PUBLIC WORKS FOREMAN
2,262 2,714
2,144 2,581
1,757 2,109
1,621 1,944
1,653 1,983
1,437 1,726
MAINTENANCE WORKER II
MAINTENANCE WORKER I
DEPARTMENT SECRETARY
SECRETARY
./
S A L A R Y S C H E D U L E "c"
(CONTINUED)
NON-MANAGEMENT EMPLOYEES
DURING THE PERIOD 1 JANUARY 1989 THROUGH 30 JUNE 1989, THE
MONTHLY RANGE FOR EACH CLASSIFICATION SHALL BE AS FOLLOWS:
1988-89
POSITION LOW RANGE HIGH RANGE
BUILDING OFFICIAL 2,308 2,769
PUBLIC WORKS FOREMAN 2,187 2,633
MAINTENANCE WORKER II 1,793 2,152
MAINTENANCE WORKER I 1,654 1,983
DEPARTMENT SECRETARY 1,687 2,023
SECRETARY 1,466 1,761
S A L A R Y S C H E D U L E "D"
POLICE EMPLOYEES
1987-88
THE MONTHLY RANGE FOR EACH CLASSIFICATION DURING THE PERIOD
1 JULY 1987 TO 31 DECEMBER 1987 SHALL BE AS FOLLOWS:
TITLE A B C D E
POLICE SERGEANT 2,388 2,508 2,633 2,765 2,903
POLICE OFFICER 2,046 2,148 2,255 2,368 2,486
SECRETARY/DISPATCHER 1,604 1,685 1,769 1,854 1,950
CLERK/DISPATCHER 1,568 1,647 1,729 1,815 1,906
CADETS (PER HOUR) 6.96 7.31 7.68 8.06 8.46
THE MONTHLY RANGE FOR EACH CLASSIFICATION DURING THE PERIOD
1 JANUARY 1988 TO 30 JUNE 1988 SHALL BE AS FOLLOWS:
TITLE A B C D E
POLICE SERGEANT 2,484 2,608 2,738 2,875 3,019
POLICE OFFICER 2,127 2,233 2,345 2,462 2,585
SECRETARY/DISPATCHER 1,668 1,752 1,839 1,931 2,028
CLERK/DISPATCHER 1,647 1,752 1,839 1,931 2,002
CADETS (PER HOUR) 7.24 7.60 7.98 8.38 8.80
S A L A R Y S C H E D U L E "E"
1987-88
SCHEDULE OF OVERTIME RATES, WAGES
FOR CASUAL EMPLOYEES, AND MILEAGE REIMBURSEMENT
OVERTIME RATES
OVERTIME COMPENSATION SHALL BE PAID FOR ANY TIME WORKED IN
EXCESS OF THE NORMAL WORKING DAY AND FOR CALL-BACK TIME AT
A RATE OF TIME AND ONE-HALF. DOUBLE TIME SHALL BE PAID FOR
ANY WORK PERFORMED ON A HOLIDAY.
ALL REGULAR NON-SUPERVISORY PROFESSIONAL TOWN EMPLOYEES ARE
ELIGIBLE FOR OVERTIME COMPENSATION WHICH IS APPLICABLE TO
ALL DEPARTMENTS. ALL OVERTIME MUST BE APPROVED AND
AUTHORIZED BY THE DEPARTMENT HEAD AND\OR THE TOWN MANAGER AS
SET FORTH IN RULE VII OF THE TOWN PERSONNEL REGULATIONS.
WAGES FOR CASUAL/PART TIME/SEASONAL EMPLOYEES
SERVICE
HOURLY RATE RANGE
MINUTE CLERK
$9.50 - 11.50
4.50 - 7.50
YOUTH WORK PROGRAMS
ADMINISTRATIVE INTERN
CASUAL LABOR
5.00 - 8.00
7.50 - 9.50
CASUAL CLERICAL
7.50 - 9.50
MILEAGE REIMBURSEMENT
THE FOLLOWING RATE SHALL BE PAID TO AN EMPLOYEE FOR USE OF
THE EMPLOYEE'S PRIVATE AUTOMOBILE ON AUTHORIZED TOWN
BUSINESS:
$.22 PER MILE
S A L A R Y S C H E D U L E "F"
1987-88
HEALTH AND MEDICAL INSURANCE PROGRAM
DESCRIPTION
I . MANDATORY
AMOUNT
A. KAISER HEALTH INSURANCE $83.14
(COST FOR EMPLOYEE)
B. LIFE INSURANCE 6.60
C. DENTAL INSURANCE (COST FOR EMPLOYEE) 18.16
(EMPLOYEE WITH 1 DEPENDENT OR
MORE) 45.02
OPTIONAL
A. KAISER HEALTH INSURANCE
(EMPLOYEE WITH 1 DEPENDENT)
(EMPLOYEE WITH 2 DEPENDENTS
OR MORE)
B. CASUALTY INSURANCE (AD&D)
C. LONG TERM DISABILITY INSURANCE
(MANDATORY FOR POLICE PERSONNEL,
OPTIONAL FOR OTHERS)
166.28
250.51
.90
1.15% OF
GROSS MONTHLY
SALARY TO A MAX-
IMUM OF $25.80
II. TOWN MONTHLY CONTRIBUTION
A. TOWN MANAGER
B. POLICE EMPLOYEES
C. POLICE CHIEF & PLANNING DIRECTOR
D. OTHER MANAGEMENT PERSONNEL
E. ALL OTHER NON-POLICE EMPLOYEES
F. ASSISTANT TOWN CLERK
G. ASSISTANT PLANNER
III. MAXIMUM CASH REFUND OF UNUSED AMOUNTS
A. MANAGEMENT PERSONNEL
B. POLICE PERSONNEL
C. ALL OTHER NON-POLICE PERSONNEL
$300.00
275.00
250.00
225.00
200.00
175.00
175.00
$100.00
90.00
75.00
RESOLUTION NO. 247$
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CREATING TWO HOUR
PARKING ON WESTERLY SIDE OF MAR WEST STREET
BE IT RESOLVED by the Town Council of the Town of Tiburon as
follows:
The following portion of Mar West is hereby defined and
established as a two (2) hour parking area:
Westerly side for a distance of 150 feet northerly of
Tiburon Boulevard
The two (2) hour parking area shall be governed by
Section 11 of the Tiburon City Ordinance No. 55.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 3, 1987 by the following
vote:
AYES: COUNCILMEMBERS: Duke, Wilson, Mayberr1, Shaw
Coxhead
NOES: COUNCILM~lBERS: None
ABSENT: COUNCILMill4BERS: None
()L y ~
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
&2ffs;/
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2472
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ESTABLISHING AN
INTERIM RESIDENTIAL PERMIT PARKING
PROGRAM ON MAR WEST STREET BETWEEN
1645 MAR WEST STREET AND LOS LOMAS LANE
WHEREAS, the Town Council of the Town of Tiburon,
after public hearing, finds and determines as follows:
(a) Parking on that portion of Mar West Street between
1645 Mar West street and Las Lomas Lane (hereinafter referred
to as "Mar West") is subject to heavy use and demand from non-
resident commuters who work in or visit the downtown area;
(b) Mar West already provides only marginally adequate
on-street parking for residents;
(c) The California Vehicle Code authorizes the Town to
adopt a system granting preferential parking privileges on
streets within the Town to residents adjacent to such streets;
and
(d) The establishment of a two hour parking zone and
an interim residential parking permit system for Mar West will
temporarily alleviate the immediate parking problems of the
residents of Mar West, and will allow the Town a reasonable
period for consideration of the imposition of a similar permit
system for the entire downtown district.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Authoritv. This resolution is adopted
pursuant to the Uniform Traffic Ordinance codified in Chapter
23, Article I of the Tiburon Municipal Code, and section 22507
of the Vehicle Code of the State of California.
Section 2. Permit System Established. The Mar West
Interim Residential Parking Permit System is hereby established
for the area of Mar West Street between 1645 Mar West Street
and Las Lomas Lane.
Section 3. Parkinq Restricted. No operator of any
vehicle shall stop, stand or park such vehicle on Mar West
Street between 1645 Mar West Street and Las Lomas Lane, on any
day, including Saturdays, Sundays, and Holidays, for a period
of time longer than two hours, unless a valid Resident Parking
Permit or Guest Parking Permit is hanging from the front rear-
view mirror inside the vehicle.
section 4. Siqns. The Public Works Department is
authorized and directed to erect such street signs as are
necessary to properly notify the general public of the
restrictions on parking on Mar West. The street signs
authorized herein shall notify the public that vehicles parked
in violation of this resolution may be towed.
section 5. Resident Parkinq Permits.
A. Residents. Residents adjacent to Mar West may apply
for a Resident Parking Permit at the Department of Community
Development during regular business hours, and said permits
will be issued to any resident of a legally established
dwelling unit adjacent to Mar West who presents the following:
1) Proof of residence adjacent to Mar West; and
2) A valid vehicle registration showing the Mar West
address.
B. Dual Residences. Residents of Mar West who
maintain more than one household, and whose vehicle is
registered at an address other than Mar West, will be entitled
to obtain a Resident Parking Permit and a Guest Parking Permit
upon the furnishing of an affidavit stating that the applicant
resides at the Mar West residence, and that said residence is
not rented to others who occupy the premises to the exclusion
of the applicant.
c. Company Vehicles. Applicants who are permanently
assigned company vehicles shall, in addition to providing proof
of residency, provide the Department of Community Development
proof of the vehicle assignment by furnishing a letter
attesting to that fact, and signed by an officer or managing
agent of the company on company letterhead.
D. Leased Vehicles. Applicants who operate leased
vehicles shall, in addition to providing proof of residency,
provide the Department of Community Development with a copy of
the lease agreement on which the name and address of the lessee
is the same as that of the applicant.
Section 6. Guest Parkinq Permits. Applicants meeting
the above qualifications for a Resident Parking Permit will be
entitled to obtain a Guest Parking Permit for the use of their
guests, to be displayed in the same manner as a Resident
Parking Permit. Guest Parking Permits will be limited to one
per each legally established dwelling unit adjacent to Mar
West.
section 7. Conditions. No permits shall be issued
pursuant to this Permit System if the applicant has any
outstanding parking citations issued by the Town of Tiburon.
Permits shall not be transferable and will automatically become
void if and when the permit holder changes residences to a
location not adjacent to Mar West.
section 8. Fees. The annual fees for issuance of
permits will be as follows:
(A) Each Resident Parking Permit:
(B) Guest Parking Permits (limit: one
per legally established dwelling
unit):
$25.00
$25.00
section 9. Duplicate Permits. A duplicate permit will
be furnished, subject to a $10.00 administrative fee, to any
permit holder who furnishes proof satisfactory to the
Department of Community Development that the permit previously
issued has been stolen or destroyed.
Permits reported stolen will be rendered void thereby
and immediately confiscated by the Town if found on any
vehicle. Vehicles found with stolen or otherwise invalid
permits are in violation of this resolution and are subject to
immediate ticketing and towing.
No duplicate permit will be issued if the permit holder
has any outstanding parking tickets issued by the Town of
Tiburon.
section 10. Violations. Vehicles parked in violation
of this resolution are hereby deemed a public nuisance, and
shall be subject to a fine of $30.00 and immediate towing.
section 11. Effective Date; Expiration of Proqram.
The two hour parking restriction and Interim Residential Permit
Parking Program established herein shall become effective
immediately upon installation of signs giving notice of such
restrictions, and shall expire six months after the adoption of
this resolution by the Town Council unless extended prior to
such time.
III
III
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 2, 1987 by the
following vote:
AYES: COUNCILMEMBERS:
COXHEAD, MAYBERRY, SHAW
WILSON
NOES: COUNCILMEMBERS:
DUKE
ABSENT: COUNCILMEMBERS:
None
()-~ .0. e~L.f.
,
STONE D. COXHEAD, MAYOR
Town of Tiburon
R.L. KLEINERT, TOWN MANAGER/CLERK
Final Draft: 10/2/87
RESOLUTION NO. 2471
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DEFINING AND ESTABLISHING A
PORTION OF CENTRO EAST AS A STOP INTERSECTION
BE IT RESOLVED by the Town Council of the Town of Tiburon as
follows:
SECTION 1. The following portion of Centro East is hereby
defined as a stop intersection and shall be governed by the
provisions of Section 7.1(a) and 7.1(b) of Ordinance No. 55:
The northeast bound lane of Centro East so as to
stop traffic at the intersection of Solano
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 19~ 1987 by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Duke~ Shaw~ Mayberry
None
Wi 1 son ~ Coxhead
if) ~i J)
~ /La /~ .! ! !. . kJ../t./
(JI., / tLU/ '
FR N ES MAYBE ~ V C -MAYOR
Town of Tiburb-n-) ,
ATTEST:
R. ~~NAGER/CLERK
RESOLUTION NO. 2470
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON IN RECOGNITION OF
JAMES YEH-JAU LIU
BELVEDERE/TIBURON CHAMBER OF COMMERCE 1987 CITIZEN OF THE YEAR
WHEREAS~ Jimmy Liu established his Han Syi Studio on Main
Street~ Tiburon in 1967~ and
WHEREAS~ Jimmy Liu has given generously of his time and art
work for service and fund raising purposes to the Belvedere-
Tiburon community~ and
WHEREAS~ Jimmy Liu has served as Professor of Painting at
San Francisco State University and as Professor of Painting at
the National Taiwan Academy of Arts~ and
WHEREAS~ in 1986 Jimmy Liu was honored with an invitation to
display his work in an exhibit at the National Museuum of History
in the Republic of China~ and
WHEREAS~ Jimmy Liu has continually contributed his time and
energy for the betterment of the Tiburon business community~
NOW~ THEREFORE~ BE IT RESOLVED the Tiburon Town Council
commends and expresses its congratulations to Jimmy Liu who has
been chosen Belvedere/Tiburon Chamber of Commerce 1987 Citizen of
the Year~ and
BE IT FURTHER RESOLVED that the Tiburon Town Council wishes
Jimmy Liu and his family continued success and happiness.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 19~ 1987 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Duke~ Shaw~ Mayberry
None
Wi 1 son ~ Coxhead
()4>>< 1 L:~
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R. L.
RESOLUTION NO. 2469
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON PROHIBITING
PARKING ON A PORTION OF LAS LOMAS
BE IT RESOLVED AS FOLLOWS:
Parking is hereby prohibited at all times upon the west side
of Las Lomas~ for a distance of one hundred (100) feet to the
North from the intersection of said Las Lomas with Mar West~ and
it is hereby directed that said prohibition be indicated by
signs.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 19~ 1987 by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Duke~ Shaw~ Mayberry
None
Wilson~ Coxhead
.~J~~ ~~
FRANCES MAYBERR VIe - YOR
Town of Tiburon
ATTEST:
R.
RESOLUTION NO. 2468
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING COMPLETION OF
THE 1987 STREET OVERLAY PROJECT NO. 87-T-01
WHEREAS~ the 1987 Street Overlays Project No. 87-T-01 was
successfully completed by W. K. McLellan Co. on July 27~ 1987~
and
NOW~ THEREFORE~ BE IT RESOLVED that this work be accepted as
recommended by the Town Engineer by the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on
August 19~ 1987 by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Duke~ Shaw~ Mayberry
None
Wi 1 son ~ Coxhead
(J ~ t
-t(\f)-~. () T/l
FRANCES MAYBERR ~ vIeE-MAYOR
Town of Tiburon
ATTEST:
R. L. KLEINERT~
RESOLUTION NO. 2467
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING ASSIGNMENT OF THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR LOTS 18-22 OF THE DEL
MADERA SUBDIVISION
WHEREAS, the Bank of the Orient ("Bank") is the owner of
that certain real property located in the Town of Tiburon,
commonly known as Lots 18, 19, 20, 21 and 22 of the Del Madera
subdivision (lithe Property"); and
WHEREAS, the Bank has entered into a Subdivision
Improvement Agreement with the Town dated August 1, 1984, and a
first amendment thereto dated September 3, 1986, wherein the Bank
agreed to provide certain subdivision improvements for the
Property as more particularly set forth in said agreements; and
WHEREAS, the Bank has not completed performance of its
obligations under the Subdivision Improvement Agreement; and
WHEREAS, the Bank has entered into an agreement to sell
the Property to Universal Trading Company, Ltd. ("Universal"),
and to assign to Universal Bank's rights, duties and obligations
under the Subdivision Improvement Agreement, as amended; and
WHEREAS, the Subdivision Improvement Agreement provides
in paragraph 13 thereof that the Town must consent in writing
prior to any sale of the Bank's interest in the Property to a
buyer who will assume the Bank's obligations under the
Subdivision Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon, as follows:
1. The Town Council hereby consents to the sale of the
Bank's interest in the Property, and the assignment to, and
assumption by, Universal, of the Bank's rights, duties and
obligations under the Subdivision Improvement Agreement, as
amended, on the terms set forth in the Assignment, Assumption and
Consent Agreement attached hereto as Exhibit "A".
2. The Mayor is authorized to sign the Assignment,
Assumption and Consent Agreement on behalf of the Town of
Tiburon.
* * * * * *
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 19, 1987, by the
following vote:
AYES:
COUNCILMEMBERS:
Mayberry, Duke, Shaw
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Coxhead, Wilson
(0_ Yh
OR
R. L. KLEINERT, TOWN MANAGER/CLERK
LAG - DRAFT DATE 8/13/87
c~;'hil1it -A-
AS5:3S~E~:, AS5~M?T!O~ ANJ :CN5EST ~G~EE~~E~T
Th:s ASSIG~ME~T, ~SS~M?TION ~~J CONSE~T
AGREEME~7 (thlS "Agceement") is enteced :nt.c as of
this
day of July, 1987, by an~ among SANK OF THE
ORIE~T, a Ca:lfocnla-licensec banking cec?ocaticn
(the "Seller"), UNIVERSA:" TRADI~G COMPA~Y, LT8., a
Nevada coc?ocation, doing business in California as
UTe CORPORATION (IIBuyerll), and the TOW~ OF TI3URON,
a municipal corporation of the State of Califocnia
("Town") 'With cefecence to the fo11ewing:
A. Seller is t~e owner of cer:aln real
property commonly known as Lots 18,19,20, 21 and
22 of the Del ~adera subcivision located in the Town
of Tibucon, Marin County, California, mere particularly
described in Exhibit A hereto and incorpocated herein
by reference (the "Propecty").
B. Seller is a party to that. certain Subdivision
Impcovement Agreement and that cectain First Ame~cment
thereto, mere particularly desccibed in Exhibit B
hereto (the "Subdivision Improvement Agceement"),
which pcovides, among other things, for certain slide
repair wock to be completed on the Property and c~eates
an ease~ent upon, over and across the Pcopecty in
favor of the Town of Tiburon.
c. Buyer has offered to purchase, and Seller
has agreed to sell to Buyer, all of Seller's right,
t~tle and lnterest ln and t~ t~e ?e~~e~ty upon the
teems, and s~b:ect to the c~ncitl~nsl set f~rth in
the ?urchase agreement exec~ted :n ce~ne:tlon heeewit~
( the "? lJ C : ~ a :3 e .'A. g c e e men t " ) .
In conside~ation of ~he ?ue:~ase Ag~eement,
anc subject
the paeties
to
promises, ccvenants anc ~ndeetaklngsl
tne ccnditions, heceinaftee set foeth,
anc
t~e
mt.:t:.;al
heceto
mutually
agree
as follcws:
ARTI:LE I
1.1 Assionme:lt.
-
As of the date of recoraatlon
of the grant deed conveying the Peopecty to Buyer
(the "Recoedation Date"), Seller hereby assigns to
Buyer all of its eight, title and inteeest under and
to the Subdivision Improvement Agreement to the extent
the teems of such agreement relate to or affect the
Property, and such other obligations of Seller relating
to the Property described in Exhibit C hereto, and
Buyer hereby accepts such assignment.
1.2 Assumption of Obligations. As of the
Recordation Date, Buyer heeeby assumes, and agrees
to fully perform and discharge, or provide substitute
performance for, in a manner satisfactory to Town
under the terms of the Subdivision Improvment Agreement,
eac~ and all of Sellecls obligations undee the Subdivision
Improvment Agreement relating to or affecting the
Peopeety and such other obligations of Seller relating
to the Property described in Exhibit C hereto, in such manner
and to such extent that upon Buyer's undertaking to assume,
perform and discharge such obligations, Seller shall, without
further action on its part, be released from all liability,
thereunder, in any capacity whatsoever.
1.3 Seller to Maintain Security. Seller shall maintain
and keep in place the letter of credit in favor of the Town of
Tiburon described in Paragraph 8 of the Subdivision Improvement
Agreement, as amended by that certain First Amendment to
Subdivision Improvement Agreement dated as of September 3,
1986, until such time as Buyer puts in place a substitute
letter of credit acceptable, in its reasonable judgment, to the
Town. Notwithstanding the assignment by Seller and the assump-
tion by Buyer of Seller's rights and obligations relating to
the Property, under the Subdivision Improvement Agreement and
Exhibit C hereto, Seller's said letter of credit shall continue
to secure the performance of said obligations until Buyer puts
in place an acceptable substitute letter of credit.
1.4 No Assiqnment of Interest in Litiqation. Nothing in
this agreement shall be construed as an assignment by Seller or
the acquisition by Buyer, of any part of Seller's interest in
the lawsuits pending against the Town of Tiburon in Marin
Superior Court, Action No. 129670, and in the United States
District Court for the Northern District of California, Action
No. C86 4570 RHS, and Seller agrees that it will not assign
such interests to Buyer.
1.5 Indemnification. Buyer shall indemnify and hold
Seller, and all officers, directors, employees, agents and
representatives of Seller, harmless against any losses, claims,
damages, or liabilities (or actions in respect thereof) which
arise out of, or are based upon, (i) the Subdivision Improve-
ment Agreement, and such other obligations of Seller relating
to the Property described in Exhibit C hereto, or (ii) any
event relating to the Property occurring after the Recordation
Date.
ARTICLE II
CONSENT OF TOWN OF TIBURON
2.1 Consent. Pursuant to Paragraph 13 of the Subdivision
Improvement Agreement, the Town hereby gives its prior written
consent to the assignment and assumption herein provided, and
agrees that, subject to the provisions of Paragraphs 1.3 and
1.4 above, upon the Recordation Date, Seller shall be released
from all liability under the Subdivision Improvement Agreement
relating to or affecting the Property, and such other obliga-
tions of Seller relating to the Property described in Exhibit C
hereto.
IN WITNESS WHE~ECF, the pactles heceto
have executed this Ageeement as of the day and year
first above wcitten
TOWN:
TOWN OF TIBURON, a
municipal corpocation
of the State of Califocnia
By: 4~~ ~..)'h~/ted
Its: Vice-Mayor
SELLER:
BANK OF THE ORIENT,
a California-licensed
banking corporation
By:
Its:
BUYER:
UNIVERSAL TRADING COMPANY, LTD.,
a Nevada corporation,
doing business in Califocnia
as UTC CORPORATION
By:
Its:
EXHIBIT A
DEL ~ADERA PRCPERTY
All that certain real property situate in the County
of Marln, State of California, described as follows:
LOTS 18, 19, 20, 21, AND 22, as sho~n upon that cectain
map entitled -Map of Del Madera Subdivision Lands
of Tiburon Peaks Partnership, To~n of Tiburon", filed
August 2, 1984 in Volume 19 of Maps at Page 23, Marin
County Records.
EXHIBIT B
SUBDIVISION AGREEMENT
That certain Subdivision Improvement Agreement dated
as of August 1, 1984 by and among the To~n of Tiburon,
Bank of the Orient, Balfour Financial Corporation,
and Tiburon Peaks, recorded Augu~t 2, 1984, under
recorder's Serial No. 84-37321, Official Records,
Marin County, California, as modified and amended
by that certain First Amendment to Subdivision Improvement
Agreement dated as of September 3, 1986.
EXHIBIT C
ADDITIONAL ASSUMED OBLIGATIONS
1. That certain deed of trust encumbering the Property
dated August 2, 1984, recorded August 2, 1984,
under Recorder's Serial No. 84-37322, Official
Records, Marin County, in favor of the Tovn of
Tiburon and securing Seller's obligations under
the Subdivision Improvement Agreement.
2. The obligation to furnish a letter of credit
in favor of the Tovn of Tiburon described in
Paragraph 8 of the Subdivision Improvement Agreement.