HomeMy WebLinkAboutTC Res 1987 ( January thru August)
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2466
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON VACATING AN EXCESS RIGHT OF WAY
IN THE TIBURON SHORES SUBDIVISION
WHEREAS, an easement for roadway and utility purposes
exists over the property described as Lots 7 and 8 as shown
upon that certain map entitled "Map of Tiburon Shores Sub-
division I, Lands of Goldberg, Town of Tiburon, Marin County,
California, filed for record February 6, 1986 in Volume 19 of
Maps, at page 74, Marin County Records ("the property"); and
WHEREAS, the Town of Tiburon may have acquired a public
right-of-way in said easement for roadway and utility purposes,
by virtue of that certain deed recorded January 24, 1949 in
Book 607 of Official Records, at Page 152, and the Deed re-
corded August 25, 1952 in Book 760 of Official Records, at page
103, Marin County Records; and
WHEREAS, said public right-of-way is not and will not
in the future be required for public street or highway purposes
in or around the subdivision because of the construction of
Gilmartin Drive; and
WHEREAS, California Streets and Highways Code Division
9, Part 3, Chapter 4, authorizes the Town summarily to vacate
said excessive public right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Tiburon as follows:
1. The Town of Tiburon hereby vacates the public
service easement for slope purposes located on the property
described hereinabove.
2. This vacation is made pursuant to the authority of
Division 9, Part 3, Chapter 4 of the California streets and
Highways Code.
3. The Town Clerk shall forthwith record a certified
copy of this Resolution, and upon recordation of the same in
the Office of the Marin County Recorder, said public right-of-
way is vacated and shall no longer constitute a public right-
of-way.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 5, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
Coxhead, Duke, Mayberry
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw, Wilson
()L D', ~~
STONE D. COXHEAD, MAYOR
RESOLUTION NO. 2465
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ENDORSING AND
RECOMMENDING ADOPTION OF THE MARIN COUNTY
REVISED SOLID WASTE MANAGEMENT PLAN
BY THE MARIN COUNTY BOARD OF SUPERVISORS
WHEREAS~ the Town Council of the Town of Tiburon has
received copies of the Marin County Revised Solid Waste
Management Plan~ and
WHEREAS~ the Council has formally reviewed the contents of
the Revised Plan~ and
WHEREAS~ the Council fully supports the programs and
policies contained within the Revised Plan to maximize recycling
and resource recovery efforts to maximize the lifespan of the two
remaining sanitary landfills located within the County~ and
WHEREAS~ the Council further supports the policies and
programs contained within the Revised Plan to assure and
guarantee to the maximum extent feasible that all generators of
solid waste~ including residential and commercial occupancies~
are provided with adequate~ safe and sanitary means of disposing
solid wastes.
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby endorses the goals~ policies and
objectives contained within the Marin County Revised Solid Waste
Management Plan and recommends its adoption by the Marin County
Board of Supervisors and the California Waste Management Board.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 5~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Duke~ Mayberry~ Coxhead
None
Wilson~ Shaw
()L f). e; L-k
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R. L~j~~~t:=:R/CLERK
RESOLUTION NO. 2464
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REQUESTING CONVENIENCE ZONE EXEMPTION
UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING
AND LITTER REDUCTION ACT (AB 2020)
WHEREAS~ AS 2020 provides for the establishment of
convenience zone recycling centers throughout the state~ and
WHEREAS~ thirty-three (33) such recycling centers have been
designated by the state to be established in Marin County~ and
WHEREAS~ AS 2020 contains a clause allowing exemptions from
the establishment of multiple recycling centers when curbside
collection programs exist which recycle all types of beverage
containers from households once a week~ and
WHEREAS~ the Town of Tiburon is served by such a recycling
program and feels that the intrusion of outside recyclers could
be harmful to the existing curbside program~
NOW~ THEREFORE~ BE IT RESOLVED THAT:
1. The Town of Tiburon hereby requests the Marin County
Board of Supervisors to hold a public hearing on behalf
of Tiburon to request an exemption from the convenience
zone requirements of AS 2020.
2. Prior to the hearing and adoption of said exemption that
some strategically located redemption centers be
identified throughout the County to serve those citizens
who wish to return beverage containers for redemption
value.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 5~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNC ILfvIEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Duke~ Mayberry~ Coxhead
None
Wilson~ Shaw
()~ () t?;L.Q
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R. ~&MA:GER/CLERK
RESOLUTION NO. 2463
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ORDERING THE CORRECTION OF THE VIEW OBSTRUCTION
CAUSED BY TREES LOCATED ON THE PROPERTY OF
PAUL NATHAN, 1994 CENTRO WEST
WHEREAS, the Tiburon Town Council rendered a decision at
its regular meeting conducted on August 7, 1985 concerning a tree
complaint filed by Matt Masson, et al., in connection with prop-
erty located at 1994 Centro West, which decision required prop-
erty owner Paul Nathan to remove certain designated trees; and
WHEREAS, Nathan therefter filed a Petition for Writ of
Mandate and Stay and Complaint for Declaratory and Injunctive
Relief in Marin County Superior Court (Action No. 125428) on
October 22, 1985; and
WHEREAS, in response to the filing of said action, the
Town cross-complained against Nathan for Abatement of Public
Nuisance; and
HHEREAS, on April 17, 1987 the Marin County Superior
Court issued its order, inter alia, referring the matter back to
the Town Council for the making of certain findings, and pending
such further action by the Council suspended the Town's order of
abatement; and
WHEREAS, the Town Council has reconsidered the evidence
contained in the record of proceedings conducted by the Town
herein and did read and consider the staff report and memorandum
for the Council's meeting of July 15, 1987, together with all
attachments thereto, and did receive public comment both in
support of and in opposition to the recommendations contained in
said staff report;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. 'The views of complainants Palubinskas and Liu and the
sunlight to the property of complainant Marcus are
unreasonably obstructed within the meaning of ~15-22(a)
of Ordinance No. 235 N.S., as amended by Ordinance No.
250 N.S. (hereinafter "the Ordinance");
2. The view and sunlight obstruction of the above-named com-
plainants materially decreases the enjoyment of said
complainants' property withn the meaning of ~15-22(b) of
the Ordinance;
-1-
3. Tree owner Nathan shall remove those trees identified as
trees No. 1-18 in the Administrative Record and shall top
and maintain trees identified as trees No. 19-23 in the
Administrative Record at the second floor level of 1994
Centro West, or remove same at tree owner's option.
4. Said manner of correction of the view and light obstruc-
tion will not materially decrease the tree owner's enjoy-
ment of his property within the meaning of ~15-22(c) of
the Ordinance;
5. Removal of trees No. 1-18 is required as no other reason-
able remedy is available to correct the view obstruction,
within the meaning of ~15-23 of the Ordinance; and
6. The view obstruction to complainant A. J. Palubinskas'
property, 200 Diviso Street, occurred subsequent to said
complainant's possession of his property and tree owner
Nathan allowed the trees to grow to such a height to
obstruct said view. Therefore, and insofar as the work
required to correct the view obstruction to 200 Diviso
Street will result in the correction of the view and
sunlight obstruction to the remaining complainants' prop-
erties, under ~15-24(c)2 of the Ordinance, tree owner
shall be responsible for 75% of the cost of correcting
the view obstruction caused by trees 1-18, as ordered
above; complainants shall be responsible for 25% of such
cost. Tree owner shall be responsible for 100% of the
cost of correcting the view obstruction caused by trees
19-23, as ordered above.
PASSED AND ADOPTED at a regular meeting of the Tiburon
Town Council this 5th day of August, 1987, by the following vote:
AYES:
COUNCILMEMBERS:
Duke, Mayberry, Coxhead
NOES:
COUNC I LME~1BERS :
None
, ABSENT:
COUNCIL~1Er1BERS :
Wilson, Shaw
.f)L~ C. e;4
ATTES~
R. L. KUEINERT, TOWN MANAGER/CLERK
STONE D. COXHEAD, MAYOR
Town of Tiburon
-2-
RESOLUTION NO. 2462
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING THE COUNTY OF MARIN TO
ACT AS ITS AGENT FOR SERVICE OF PROCESS AND TO ACT
AS ITS DEFENSE COUNSEL IN THE LAWSUIT ENTITLED:
SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL. V.
BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, ET AL.,
SAN FRANCISCO SUPERIOR COURT NO. 877359
The Town Council of the Town of Tiburon hereby resolves
as follows:
1. The County of Marin is hereby designated as the Town
of Tiburon's agent for service of process in the lawsuit enti-
tled, Southern Pacific Transportation Company, et ale v. Board of
Equalization of the State of California, et al., San Francisco
Superior Court No. 877359; and
2. The County of Marin is authorized to defend the Town
of Tiburon in said action and the Town Council authorizes payment
of costs associated with such defense.
PASSED AND ADOPTED at a regular meeting of the Town Coun-
cil of the Town of Tiburon on August 5, 1987, by the following
vote:
AYES:
Councilmembers: Duke, Mayberry, Coxhead
NOES:
Councilmembers: None
ABSENT:
Councilmembers: Wilson, Shaw
{)L 0 ~ 02r.~..
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO.
2461
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DIRECTING SUBMITTAL TO THE ELECTORS OF THE
TOWN AN ORDINANCE AUTHORIZING LEVY OF A MUNICIPAL
SERVICES TAX AND AUTHORIZING A CHANGE IN THE
APPROPRIATION LIMIT FOR THE TOWN OF TIBURON AND
REQU~STING THE BOARD OF SUPERVISORS OF THE COUNTY OF
MARIN TO PROVIDE CONSOLIDATION OF SUCH MUNICIPAL ELECTION
WITH ANY OTHER ENTITY SCHEDULING AN ELECTION ON THE SAME
DATE AND TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES
REGARDING THE ELECTION TO BE HELD ON NOVEMBER 3, 1987
WHEREAS, the Town Council of the Town of Tiburon has
determined that it is necessary to obtain authority to levy a
municipal services tax throughout the Town; and
WHEREAS, Government Code Section 53720, et seq. requires the
approval of the electors of the Town prior to the imposition of
such tax, and
WHEREAS, Article XIII B of the California Constitution
requires voter approval for any adjustment of the appropriations
limit which may be required for the expenditure of funds derived
from such tax, and
WHEREAS, California Elections Code Section 2500 provides
that a regular election date be established on the first Tuesday
after the first Monday in November of each year, and
WHEREAS, by this resolution, the Town Council of the Town of
Tiburon approves submittal to the qualified electors of the Town
at the regular election on Tuesday, November 3, 1987 a measure
for the imposition of a municipal services tax on real property
throughout the Town, and
WHEREAS, it is the desire of the Town Council of the Town of
Tiburon that said municipal election be consolidated with any
such other election as may be scheduled on November 3, 1987, and
WHEREAS, pursuant to Section 22003 of the Elections Code,
the above stated Governing Body may request the Board of
Supervisors to permit the County Clerk to render specified
services to. said Body relating to the conduct of the election on
a reimbursable basis;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. An election shall be and is hereby ordered to be
held in the Town of Tiburon on Tuesday, November 3, 1987, at
which election there shall be submitted to the qualified electors
of the Town the question of imposition of a municipal services
tax within the Town of Tiburon. The ballot measure for the
approval of imposition of said tax shall be as follows:
"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~ per square foot of building."
2. The Town Council of the Town of Tiburon does hereby order
the consolidation and does hereby request the Board of
Supervisors of the County of Marin to order the consolidation of
said municipal election with any other such election as may be
scheduled on November 3, 1987, and to further provide that within
the territory affected by said order of consolidation, the
election precincts, polling places, voting booths shall, in every
case, be the same, and there shall be only one (1) set of
election officers for each of said precincts; and to further
provide that said measure for imposition of A municipal services
tax shall be set forth in each form of ballot used at said
election insofar as the same is held within the Town. The Board
of Supervisors of the County of Marin is further requested to
order the County Clerk of the County of Marin to set forth in all
sample ballots to be mailed to the qualified electors of the Town
said measure referred to herein and to mail with said sample
ballots to said electors printed copies of the implementing
ordinance referred to in said measure, together with the
arguments and rebuttal arguments (if any) for and against the
measure, and to provide absent voter ballots for said municipal
election for use by qualified electors of the Town who are
entitled thereto in the manner provided by law.
3. The Town Clerk of the Town of Tiburon will accept
arguments for and against this measure and will accept rebuttal
arguments. The direct arguments for and against the measure
shall not exceed 300 words in length and must be submitted to the
Town Clerk by noon, August 17, 1987. The rebuttal arguments
shall not exceed 250 words in length and must be submitted to the
Town Clerk by noon, August 27, 1987.
4. The Board of Supervisors of the County of Marin is hereby
requested to authorize the County Clerk to render the following
specified services for said Body relating to the conduct of the
election to be held on November 3, 1987.
Voter indexes
Voter count by precinct
Verification of signatures
Drayage and rental of polling places
Printing of measures and arguments
Printing of sample and official ballots
Appointment and notification of election officers
Mailing of sample ballots and polling place
notification
Precinct supplies
Training of precinct workers
Processing of absentee ballots
Central counting
Canvass of votes cast
5. The Town Clerk of the Town of Tiburon is hereby
authorized and directed to transmit a certified copy of this
Resolution to the Board of Supervisors of the County of Marin,
and to file a certified copy thereof with the County Clerk of the
County of Marin, together with a copy of the implementing
ordinance referred to herein.
PASSED AND ADOPTED at an adjourned meeting of the Town
Council of the Town of Tiburon on July 20, 1987 by the
following vote:
AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead
NOES: COUNCILMEMBERS: Shaw
ABSENT: COUNCILMEMBERS: None
()~D-~LfL
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO. 2460
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CALLING FOR CONSTRUCTION BIDS
GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1
The Town Council of the Town of Tiburon resolves:
1. Plans and specifications have been prepared for
additional work in Gilmartin Drive Assessment District No.
84-1 for site repair and appurtenant improvements. This
Council hereby approves said plans and specifications.
2. The Town of Tiburon will receive sealed proposals
for this construction not later than 2:00 P. M. on Thursday,
August 6, 1987, at the office of Rhodes and Gardner, Inc.,
Engineer of Work, located at 319 Miller Avenue, Mill Valley,
California. At that time and place the sealed proposals
will be publicly opened, examined and declared.
3. The Town Council reserves the power in its
discretion to reject all proposals. The award of
construction contract, if made, shall be made to the lowest
responsible bidder within the time fixed in the
specifications (or any extension of time agreed to by the
Town and the lowest responsible bidder).
4. The Town Clerk is directed to publish a notice
inviting sealed proposals in the ARK in accordance with the
Mmunicipal Improvement Act of 1913. The Engineer of Work is
authoirzed to give addtional notice and to distribute
additional information as necessary in the judgement of the
Engineer of Work, to secure competitive bidding.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on July 15, 1987, by the
following vote:
AYES:
COUNCILMEMBERS: WILSON, MAYBERRY, COXHEAD,
DUKE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SHAW
NOES:
ABSENT:
n~ Q k;:L )
. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
R. L. KL INERT, TOWN MANAGER/CLERK
RESOLUTION NO.
2459
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING THE FINAL
MAP FOR THE LA CRESTA II SUBDIVISION
RECITALS
La Cresta Associates have submitted a Final Subdivision Map
of the La Cresta II Subdivision.
The Map has been examined by the Town Engineer and returned
to the Town Clerk as provided for in Section 14-36 of the Town
code.
On March 25, 1987 the Tiburon Planning Commission reviewed
Town Council Resolution No. 1187 conditionally approving the
Tentative Subdivision and has found this Final Map in conformance
with the Tentative Map and satisfying all conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the Final Map of the
LaCresta II Subdivision is approved by the Town Council.
1. The Subdivision improvement agreement approved by the
Town Attorney and the Subdivision owner desc~ibes all required
improvements and includes the Deed of Trust securing installation
of said improvements.
2. Signatures of the Final Map are authroized by the Town
Clerk, Community Development Director and the Town's Trustee for
the First Deed of Trust.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 15, 1987 by the following vote:
AYES:
COUNCILMEMBERS: Wilson, Mayberry, Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Duke, Shaw
/~ I /-!/ /)
/. _/'. "tA.... '-~,-~ l:.~:,/~ I~,.-. X.
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO. 2458
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING THE
SIGNING OF A HOME LOAN AGREEMENT
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY RESOLVE
AS FOLLOWS:
The Mayor and Town Clerk are authorized to execute~ on
behalf of the Town of Tiburon a Home Loan Agreement with Therese
M. Hennessy a copy of which is hereby attached and by this
reference made a part hereof.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 1~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
()4Qk;L~
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO. 2457
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING THE MUNICIPAL
BUDGET FOR FISCAL YEAR 1987-88
WHEREAS the Town Council now finds that the proposed
municipal Budget~ as amended~ provides for all appropriate
municipal purposes and services within the current resources and
anticipated revenues for fiscal year 1987-88.
NOW~ THEREFORE~ BE IT RESOLVED~ that said budget is hereby
approved and adopted as the Municipal Budget for the Town of
Tiburon for fiscal year 1987-88~ and all expenditures~
encumbrances~ transfers and appropriations set forth herein are
also approved; and
FURTHERMORE~ BE IT RESOLVED: that the Town Manager may make
adjustments between functions and activities within the budget
provided that no increases or diminishment in salaries result
other than that provided by the Town1s Personnel System and
Master Salary Program~ and provided that no expenditures or
encumbrance contingent on contract~ agreement~ or other
engagement requiring approval of the Town Council shall be made
until such contract~ agreement~ or other engagement is first
approved by the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 1~ 1987~ by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: Shaw
() t.. co. tZL~
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST: , ~
R. ~ CLERK
Drafted: 6/23/87
RESOLUTION NO. 2456
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ORDERING TERRITORY DESIGNATED AS
"KRISTENSEN REORGANIZATION" TO THE TOWN OF
TIBURON AND TO SANITARY DISTRICT NO. 2
WHEREAS, the Local Agency Formation Commission of the
County of Marin adopted its Resolution No. 87-06 on February
12, 1987, making determinations and approving the proposed
annexation known as Assessor's Parcel Numbers 38-142-03 and
38-151-08 and owned by Kristensen; and
WHEREAS, the reasons for this annexation are: a failed
septic tank system necessitated hook-up to the nearest
public sewer system; and
WHEREAS, the regular county assessment roll is utilized
by this Town; and
WHEREAS, the affected territory will be taxed for
existing general bond indebtedness of this Town; and
WHEREAS, a public hearing on this annexation was called
for and held by this Council on July 1, 1987, and this
Council finds and determines that the value of written
protests filed and not withdrawn is less than 25 percent of
the registered voters residing within the territory proposed
to be annexed and less than 25 percent of the number of
owners of land owning less than 25 percent. af the assessed
value of land within the territory.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon hereby orders the territory described in
Exhibit "A" annexed, and directs the Town Clerk of the Town
of Tiburon to transmit a certified copy of this resolution
with applicable fees required by Section 54902.5 of the
Government Code to the Executive Officer of the Local Agency
Formation Commission of Marin County.
PASSED AND ADOPTED by the Town Council of the Town of
Tiburon on July 1, 1987 by the following vote:
AYES:
COUNCILMEMBERS: Mayberry, Duke, Wilson,
Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS:
Shaw
(/L {;, ~L-t
STONE D. COXHEAD, MAYOR
ATTEST~~
R.L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2455
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ORDERING TERRITORY DESIGNATED AS
"KOLTHOFF/TANNER REORGANIZATION" TO THE TOWN
OF TIBURON AND TO SANITARY DISTRICT NO. 2
WHEREAS, the Local Agency Formation Commission of the
County of Marin adopted its Resolution No. 87-07 on February
12, 1987, making determinations and approving the proposed
annexation known as Assessor's Parcel Numbers 38-041-29,
38-041-33 and 38-041-32 and owned by Kolthoff, Smith and
Tanner respectively; and
WHEREAS, the reasons for this annexation are: a failed
septic tank system necessitated hook-up to the nearest
public sewer system; and
WHEREAS, the regular county assessment roll is utilized
by this Town; and
WHEREAS, the affected territory will be taxed for
existing general bond indebtedness of this Town; and
WHEREAS, a public hearing on this annexation was called
for and held by this Council on July 1, 1987, and this
Council finds and determines that the value of written
protests filed and not withdrawn is less than 25 percent of
the registered voters residing within the territory proposed
to be annexed and less than 25 percent oI.the number of
owners of land owning less than 25 percent of the assessed
value of land within the territory.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon hereby orders the territory described in
Exhibit "A" annexed, and directs the Town Clerk of the Town
of Tiburon to transmit a certified copy of this resolution
with applicable fees required by Section 54902.5 of the
Government Code to the Executive Officer of the Local Agency
Formation Commission of Marin County.
PASSED AND ADOPTED by the Town Council of the Town of
Tiburon on July 1, 1987 by the following vote:
AYES:
COUNCILMEMBERS: Mayberry, Duke, Wilson,
Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Shaw
() L f). {;~ L..-t
STONE D. COXHEAD, MAYOR
("/ 'r. n 7 ~J q
t 'II , " v
RECO:.~<~) /, 'f
T OF
RESOLUTION NO. 2454
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON VACATING A PUBLIC
SERVICE EASEMENT AT 136 HACIENDA DRIVE
AS SHOWN
,,:,, 0"
!~,:,I JUL 2 2 i~;;-: 11: '\ n
. \.-14",
I, r (/E";U;{.ri/;L. '. r\:~
'" !'l)!f,i cr;',....\! .~,J
I .;,,, I, ; \,' -,I I .' (~r, t. '.'" "1.. R I ,"
V .;J.. " , _~ ': i - j'" j . 1 F ~
1 t,',A r- /''' t r '. " "".' '\. I,
J}~;',c,.\ t). I)J~!. r,.'''j"''J
WHEREAS, by Deed recorded on August 31, 1966 in the Office ~~
of the Marin County Recorder~ in Book 2076 of Official Records~
at Page 69~ Harley A. Ussery granted to the Town of Tiburon a
public service easement for slope purposes over the southerly
portion of that certain property commonly known as 136 Hacienda
Drive~ Tiburon~ California; and
WHEREAS~ said easement was granted to the Town to allow it
to perform certain repair work on the slope and an adjacent
portion of Hacienda Drive; and
WHEREAS~ the Town has not used said public service easement
within the past five years~ and has no further need for the
easement ~ and
WHEREAS~ California Streets and Highways Code Division 9~
Part 3~ Chapter 4~ authorizes the Town summarily to vacate said
public service easement.
NOW~ THEREFORE~ BE IT RESOLVED by the Town Council of the
Town of Tiburon as follows:
1. The Town of Tiburon hereby vacates the public service
easement for slope purposes located on the property known as 136
Hacienda Drive and more specifically described as follows:
"AN EASEMENT for slope purposes over the following described
parce 1 of 1 and:
rJ 7
" 0 7 I"} 0
.. ", .... ~..
.. ..... '~J
Beginning at a point on the Northeastern line of the parcel
of land described in the Deed from Parker Archer~ et ux~ to
Harley A. Ussery~ et ux~ recorded August 10~ 1966 in Book
2071 of Official Records at page 215~ Marin County Records~
said point being distant thereon South 35 501 East 52.60 feet
and South 33 001 East running thence South 43 081 3711 West
177.32 Southeastern line of the parcel of land above referred
to~ thence along the Southeastern and Northeastern lines
thereof North 25 381 East 78.00 feet to the point of
beginning.1I
2. This vacation is made pursuant to the authority of
Division 9~ Part 3~ Chapter 4 of the California Streets and
Highways Code.
3. The Town Clerk shall forthwith record a certified copy of
this Resolution~ and upon recordation of the same in the Office
of the Marin County Recorder~ said public service easement is
vacated and shall no longer constitute a public service easement.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on June 3~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Wilson~ Mayberry~ Shaw~ Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke
~ ~. ~ fL
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
R'~~ANAGER/CLERK
RESOLUTION NO. 2453
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING AN AMENDMENT
TO THE PRECISE PLAN FOR MAIN STREET
PROPERTIES - 92 MAIN STREET
WHEREAS~ the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and
considered the request for an amendment to the Precise
Plan submitted by Main Street Properties in order to
allow a physical therapy clinic at 92 Main Street;
B. The Town Council has found the use in conformance with
the Tiburon Downtown Plan and General Plan;
C. The Town Council has made affirmative findings
consistent with the standards required in Section 10-10
of the Tiburon Zoning Ordinance dealing with the P.D.
(Planned Development) district;
D. The use will not create significant environmental
disturbance including~ but not limited to~ pedestrian
and vehicular traffic~ parking~ noise~ odor~ litter~
vibration and glare.
Section 2. Approval.
NOW~ THEREFORE~ BE IT RESOLVED~ that the Town Council of the
Town of Tiburon approves the amendment to the Precise Plan
subject to the following conditions:
1. Hours of operation shall be from 7:30 a.m. to accepting
patients no later than 6:30 p.m. weekdays and from 9:00
a.m. to no later than 1:00 p.m. Saturdays. A change of
hours may be permitted subject to Planning Commission
approval after a written request by the applicant is
received.
2. Applicant shall provide one (1) additional parking space
for use by the clinic. Applicant shall provide said
space in the temporary parking lot located at the corner
of Mar West and Tiburon Blvd. until that lot ceases to
be used for parking~ at which time the applicant shall
provide the required space in permanent parking
locations in the Town to be determined by the Council
after public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on June 3~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Mayberry~ Shaw~ Wilson~ Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: Duke
()L 1).~
STONE D. COXHEAD~ MAYOR
ATT~~
R.L. KLEINERT~ TOWN MANAGER/CLERK
Draft date: 5/29/87
RESOLUTION NO. 2452
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAMING MARIN SUICIDE
PREVENTION WEEK - MAY 31 TO JUNE 6, 1987
WHEREAS~ suicide is the seventh leading cause of death in
California~ that for persons between the ages of 15 and 24~
suicide is the third leading cause of death and the suicide rate
in Marin County is twice the national average~ and
WHEREAS~ in early 1970 the Marin Association for Mental
Health convened a group of county health care professionals and
concerned residents to study the establishment of a suicide
prevention center~ and
WHEREAS~ the Marin Suicide Prevention Center was
incorporated in September 1970 and has served our community for
seventeen years and is staffed by over 300 volunteers~ 110 of
which are hot line counselors~ on a 24-hour basis~ receiving an
average of 1700 calls per month and all their volunteers serve
over 28~000 hours each year~ and
WHEREAS~ the Marin Suicide Prevention Center provides grief
counseling~ community education~ youth services~ counseling
services~ professional training~ internships~ research and post-
mortem psychological evaluations~ and
WHEREAS~ the services provided by the Board of Trustees~
Staff~ and Volunteers of Marin Suicide Prevention Center are
recognized by local government to be vital to the mental health
of the community,
NOW~ THEREFORE~ BE IT RESOLVED that the Town of Tiburon
proclaims the week of May 31st to June 6th as Marin Suicide
Prevention Center Week~ IIA Celebration of Youthll in Tiburon and
encourages its citizens to become more aware of the services
provided by the Marin Suicide Prevention Center~ the Board of
Trustees~ Staff and Volunteers.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 20~ 1987 by the following vote:
AYES:
COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Shaw
Cox head
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
/Jj...: jJ, r;4L-f
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
N MANAGER/CLERK
RESOLUTION NO. 2451
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING TIBURON
BOULEVARD/LYFORD DRIVE TRAFFIC SIGNALS
WHEREAS~ the Tiburon Boulevard/Lyford Drive Traffic signals
were satisfactorily completed by Community Electric on March 18~
1987~
NOW~ THEREFORE~ BE IT RESOLVED that this work be accepted as
recommended by the Town Engineer and the Town Council deem this
project as completed.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 20~ 1987 by the following vote:
AYES:
COUNCILMEMBERS: Duke~ Wilson~ Mayberry~ Shaw
Coxhead
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
~~O~L~
~
STONE D. COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
MANAGER CLERK
RESOLUTION NO. 2450
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ESTABLISHING
THE ANNUAL SALARY OF THE TOWN MANAGER
WHEREAS~ Chapter 2~ Article 11~ Section 2-7 of the Tiburon
Municipal Code requires that the salary of the Town Manager be
fixed by Resolution of the Town Council.
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby establish the salary of the Town
Manager at $56~424 annualy~ effective January 1~ 1987.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 6~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Wilson~ Mayberry~ Shaw~ Coxhead
None
Duk e
ATTEST:
OL Q,~Lf(
STONE D. COXHEAD~ MAYOR
Town of Tiburon
/&?<<o
R. L. KLE NERT. TOWN MANAGER/CLERK
RESOLUTION NO. 2449
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON CREATING A
"NO PARKINGu ZONE ON BEACH ROAD
FROM TIBURON BOULEVARD TO MAR WEST
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON~
that it is hereby ordered as follows:
The following portion of Beach Road is hereby defined and
established as a uNo Parking" area and shall be governed by the
provisions of Section 23.1 of the Tiburon Town Code:
1. Both sides of Beach Road from Tiburon Boulevard to Mar
West Street.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 6~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCIL~IEMBERS:
Wilson~ Mayberry~ Shaw~ Coxhead
None
Duke
ATTEST:
()L Q. 4Lt
STONE D. COXHEAD~ MAYOR
Town of Tiburon
RK
RESOLUTION NO. 2448
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING MERCURY
AVENUE STREET REPAIR~ PROJECT NO. 86-T-05
WHEREAS~ the Mercury Avenue Street Repair improvements were
satisfactorily completed by Ghilotti Brothers on April 15~ 1987~
NOW~ THEREFORE~ BE IT RESOLVED that this work be accepted as
recommended by the Town Engineer and the Town Council deem this
project as completed.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 6~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Wilson~ Mayberry~ Shaw~ Coxhead
None
Du ke
()-L Q. {4L-Q..
STONE D. COXHEAD~ MAYOR
Town of Tiburon
RESOLUTION NO. 2447
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON PROCLAIMING THE
WEEK OF MAY 11 - 16~ 1987 AS
IlMARIN COUNTY SAFE GRADUATION WEEK"
WHEREAS~ alcohol-related crashes claim the lives of over
23~000 Americans and seriously injure over 750~000 Americans each
year ~ and
WHEREAS~ 5~000 of these deaths each year are teenagers~
meaning that 14 teenagers die each day in drunk driving crashes~
and
WHEREAS~ teenagers are involved in one out of every five
fatal accidents that occur~ and almost 60% of fatally injured
teenagers were found to have alcohol in their blood systems prior
to the crash~ and
WHEREAS~ increased public knowledge about the gravity of the
problem of drunk or drugged driving can convince students to
refrain from this activity~ and
WHEREAS~ the prom and graduation period is a time when a
greater number of students are on the road attending social
functions leading to the possibility of an increase in traffic
crashes as a result of drinking~ drugging and driving;
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon joins with the Marin County Students Against
Drunk Driving and proclaims the week of May 11 - 16 as "Marin
County Safe Graduation Week" and supports local and county
observances to remind citizens~ especially students and parents~
that drinking and driving is a lethal combination; that seat
belts~ safe rides and alcohol and drug free parties won't kill
friendships.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 6~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Wilson~ Mayberry~ Shaw~ Coxhead
None
Du ke
~Q.eu
STONE D. COXHEAD~ MAYOR
Town of Tiburon
TOWN MANAGER/CLERK
RESOLUTION NO. 2446
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON PROCLAIMING
APRIL 11-18~ 1987 AS COMMUNITY DEVELOPMENT WEEK
WHEREAS~ Marin County and all eleven cities in Marin County
have entered into cooperation agreements for joint implementation
of the Community Development Block Grant Program~ and
WHEREAS~ since 1975~ the Community Development Block Grant
Program has provided Marin County with vitally needed resources
to meet housing~ public facility and human service needs of low-
income people~ and
WHEREAS~ the Community Development Block Grant Program has
provided funds for the development~ acquisition~ and
rehabilitation of housing for families~ the elderly~ the
physically and developmentally disabled~ abused women~ single
parent families and the homeless~ and
WHEREAS~ the Community Development Block Grant Porgram has
also provided funds for public facilities~ including community
center~ senior centers~ day care centers~ parks~ recreation
facilities~ and removal of architectural barriers to the
handicapped~ and
WHEREAS~ activities supported by the Community development
Block Grant Program benefit low-income residents throughout Marin
County ~ and
WHEREAS~ the reduction in federal support for housing~
public facility and human service programs has made the
continuation of the Community Development Block Grant Program
more important;
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon~ in honor of staff and volunteers of the public
and nonprofit agencies that undertake Community Development Block
Grant activities~ and on behalf of the low-income residents of
Marin County who benefit from activities funded by the program~
proclaims the week of April 11-18~ 1987 as Community Development
Week ~ and
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon expresses its support for the national campaign to assure
continued funding of the Community Development Block Grant
Program.
RESOLUTION NO. 2445
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING THE
POINT TIBURON PROJECT SUBDIVISION IMPROVEMENTS
WHEREAS~ the Town Engineer recommends acceptance by the Town
of the Point Tiburon Subdivision Improvements~ more specifically,
the Flood Control Culvert~ Beach Road Extension~ Tennis Courts~
Marsh Area and Bicycle Path~ and
WHEREAS~ the Town Engineer has set forth conditions of
acceptance in a letter dated April 8~ 1987 to the Town Manager~
attached hereto~
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon accept these Subdivision Improvements as
conditioned by the Town Engineer.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on April 16~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Duke~ Wilson~ Mayberr~ Shaw~
Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/7 I ~;: Ll
c / ~ y- -
STONE COXHEAD~ MAYOR
Town of Tiburon
ATTEST:
RESOLUTION NO. 2444
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REQUESTING URBAN THOROUGHFARE
FUNDS FOR THE SIGNALIZATION OF THE INTERSECTION
OF ROCK HILL DRIVE AND TIBURON BOULEVARD
FROM THE MARIN COUNTY DIRECTOR OF PUBLIC WORKS
WHEREAS~ the County of Marin and Town of Tiburon have
entered into agreement for the improvement of urban thoroughfares
dated January 17~ 1967; and
WHEREAS~ the Town of Tiburon agrees to allocate $60~000 in
matching funds towards the Tiburon Boulevard/Rock Hill Drive
signalization project;
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon requests that the County of Marin allocate the
$60~000 from the Urban Thoroughfare Fund of 1987-88 to be matched
by the $60~OOO from the Town of Tiburon for the Tiburon
Bouelvard/Rock Hill Drive signalization project.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on April 1 ~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Mayberry~ Wilson~ Coxhead~ Shaw~
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~/ ..~~
I~- ___ .-" ~
( /.>/~~ '
\-- LAWRENCE J. DUK ~ M R
Town of Tiburon
ATTEST:
RESOLUTION NO. 2443
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ESTABLISHING
LEGAL & INSURANCE ADVISORY COMMITTEE
WHEREAS~ the Town of Tiburon has and is currently expending
considerable time~ energy and monies in conjunction with various
claims and litigation against the Town~ and
WHEREAS~ the Town of Tiburon has likewise experienced
difficulty in obtaining liability insurance coverage and at an
excessive cost~ and
WHEREAS~ certain Tiburon residents have recognized these
local concerns and problems and have graciously volunteer their
professional services on a probono basis to the Tiburon
community~ and
WHEREAS~ these residents have acknowledged that they are not
currently conducting any business with the Town of Tiburon
whatsoever and agree to refrain from any possible future business
association or conflicts with the Town in their capacity serving
on such a Legal & Insurance Advisory Committee~
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby create a Legal & Insurance Advisory
Committee.
A. This Committee will be composed of five (5) members
appointed by the Town Council who shall serve two (2) year terms
and shall be subject to removal by the affirmative vote of a
majority of the Town Council.
B. The Committee shall elect its own Chairperson and and
adopt such meeting rules and regulations as it may deem necessary
or appropriate for the conduct of its affairs.
C. The Committee shall act in an advisory capacity to the
Town Council and Town Staff.
D. The Chairperson shall schedule meetings of the Committee
when appropriate.
BE IT FURTHER RESOLVED that the basic goals and objectives
of the Committee are as follows:
1. Assist the Town in analyzing settlement negotiations in
connection with tort claims/litigation.
2. Review billings of attorneys working for the Town.
3. Review Town1s current claims administration procedures
and overall insurance program needs.
4. Advise the Town Council concerning the Town1s self-
insurance program~ coverage limits~ reserve requirements and
settlements when appropriate.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on April 1~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Mayberry~ Wilson~ Coxhead~ Shaw~
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
R.
LERK
RESOLUTION NO. 2442
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING RESOLUTION NO. 2431
ESTABLISHING CERTAIN ELIGIBILITY
REQUIREMENTS FOR PURCHASE OF INCLUSIONARY HOUSING
UNDER CONSTRUCTION BY THE INNISFREE COMPANIES
WHEREAS, the Town of Tiburon has heretofore approved a
Master Plan and Precise Plan for the development of approxi-
mately 38 acres of land now owned by The Innisfree Companies;
and
WHEREAS, by Resolution No. 1113, dated September 17, 1980,
the Town Council of the Town of Tiburon established require-
ments for inclusionary housing; and
WHEREAS, Resolution No. 1113, and the Point Tiburon
Development Agreement by and between The Innisfree Companies
and the Town of Tiburon calls for the Town to approve eligibil-
ity requirements for purchase of said inclusionary housing
units; and
WHEREAS, by Resolutions Nos. 2395, 2411, and 2431, dated
August 6, 1986, October 1, 1986, and January 21, 1987, respec-
tively, the Town Council established certain therein listed
preference criteria for purchase of said inclusionary housing
units in order to comply with the requirements of Paragraph
3(q) of the Master Plan, Section 3 of Resolution No. 1113, and
Paragraph 7(f) of the Point Tiburon Development Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the preference
criteria listed in Resolution No. 2431 is hereby rescinded and
the Town does hereby establish as the eligibility criteria for
purchase of said housing units, moderate income limitations as
defined by H.U.D.'s annual determination of median income for
Marin County, and asset limitations such as to limit assets of
purchasers, as defined by the Town, to a sum not to exceed 150%
of the purchase price of said unit. These initial purchase
income and asset limitations may be amended by the Town.
AI] other requirements and conditions of purchase of said
moderate income units to be determined in accordance with the
provisions of Resolution No. 1113 and the Point Tiburon
Development Agreement.
-1-
PASSED AND ADOPTED at an adjourned regular meeting of the
Town Council of the Town of Tiburon on March 10, 1987, by the
following vote:
AYES: COUNCILMEMBERS: Duke, Mayberry, Wilson
NOES: COUNCILMEMBERS: Coxhead, Shaw
ABSENT: COUNCILMEMBERS: None
,-...'....."....... 4"-/'
~'- .... '\ .,.".~""
/:?~-. - /
~ '-----~........... -~~
LAWRENCE J. DUKE, Mayor
Town of Tiburon
ATTEST:
R. ~~NAGE:/CLERK
-2-
RESOLUTION NO. 2441
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON URGING THE U. S. COAST GUARD TO GIVE
THE RICHARDSON BAY REGIONAL AGENCY AUTHORITY TO
ESTABLISH AND ENFORCE ANCHORING AND MOORING
REGULATIONS FOR RICHARDSON BAY AND BELVEDERE COVE
WHEREAS, in December 1985~ the Richardson Bay Regional
Agency petitioned the Coast Guard to allow local control of the
Belvedere Cove general anchorage and the Richardson Bay Special
Anchorage~ and
WHEREAS~ the Richardson Bay Regional Agency has prepared an
ordinance to regulate anchoring and mooring in Belvedere Cove and
Richardson Bay and has adopted a resolution of intent to adopt
the ordinance after the Coast Guard has granted authority to the
Agency to control the anchorages~
NOW~ THEREFORE~ BE IT RESOLVED that the Richardson Bay
Regional Agency urges the U. S. Coast Guard to make a
determination by whatever procedures it deems appropriate that
the Richardson Bay Regional Agency has the authority to adopt its
ordinance regulating anchoring and mooring in Richardson Bay and
Belvedere Cove and to enforce that ordinance.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 18~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Mayberry~ Wilson~ Coxhead~ Shaw~
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
ti~<C~~'~:~A~
Town of Tiburon
4A
R. L. KLEINERT~
Draft: March 13~ 1987
RESOLUTION NO. 2440
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON DECLARING
MAY 11 THROUGH MAY 17~ 1987 TO BE
IlAFFORDABLE HOUSING WEEK"
WHEREAS~ increasingly serious traffic congestion threatens
our County generally and our Town specifically due to the
increasing number of cars and drivers commuting into and out of
Marin~ and the high cost of housing in Marin adds to this
congestion by preventing workers from living near job centers;
and
WHEREAS~ many Marin emergency workers cannot afford to live
in the community~ forcing them to commute from long distances and
sometimes be unavailable in the event of an emergency; and
WHEREAS~ the vacancy rate of rental units in Marin County is
between 1% and 2%~ which makes it an extremely tight market in
which rents have been spiraling upwards beyond the levels of
affordability for increasing numbers of people; and
WHEREAS~ our population of elderly people~ many of whom are
on fixed incomes~ is increasing and will require a supply of
affordable housing to allow them to remain in Marin~ if they
choose; and
WHEREAS~ it has been demonstrated that the quality of life
in Marin will diminish if the lack of affordable homes causes a
continual increase in traffic congestion and a continual decrease
in the diversity of lifestyles among our citizens; and
WHEREAS~ many Marin residents are unaware of the correlation
between the lack of affordable housing and the traffic crisis~
the current job/housing imbalance~ and the positive impact of a
well-balanced supply of affordable housing;
NOW~ THEREFORE~ BE IT RESOLVED that the Town Council of the
Town of Tiburon declares that May 11 through 17~ 1987 is
"Affordable Housing Information Weekll in an effort to help
affordable housing advoates bring information about housing
affordability problems and their potential solutions to a greater
percentage of our residents and to work together with them to
achieve solutions to those problems.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 18~ 1987 by the following vote:
AYES: COUNCILMEMBERS: Mayberry~ Wilson~ Coxhead~ Shaw~
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/
--_../ /{
~:~~;~~~~1:'~YOR
Town of Tiburon
ATTEST:
R.
RESOLUTION NO. 2439
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON CERTIFYING THE
RESULTS OF THE MUNICIPAL ELECTION HELD
IN AND FOR THE TOWN OF TIBURON, STATE OF
CALIFORNIA ON THE 3RDDAY OF MARCH 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 March 1987, for the purpose of placing
Measure "A" on the ballot, and
WHEREAS~ said election was held pursuant to the requirements
of the Government Code and the Election 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 elections.
NOW, THEREFORE~ BE IT RESOLVED~ ORDERED AND DECLARED as
follows:
1. That the whole number of votes cast in the Town of Tiburon in
said election were 1,505 in the precincts and 478 were
absentee ballots:
2. That Measure IIAII voted upon was:
"Shall an amendment to the Town's building
moratorium ordinance, No. 317 N.S. (IIMeasure C")
permitting construction of single family homes on
legal lots of record in existence as of April 26,
1986, be adopted? II .
3. That this Council hereby finds that the number of votes cast
in said election for Measure IIAII were:
PRECINCT NO. 3001
BAPTIST CHURCH
YES
NO
BLANK
133
226
1
PRECINCT NO. 3002
DEL r--lAR SCHOOL
YES
NO
BLANK
217
151
4
PRECINCT NO. 3003
REED SCHOOL
YES
NO
BLANK
136
115
1
PRECINCT NO. 3004
BRADLEY HOUSE
YES
NO
BLANK
150
129
1
PRECINCT NO. 33101
SHEPHERD OF THE HILL
YES
NO
BLANK
93
148
-0-
4. That the Town of Tiburon, Measure "A", is hereby declared to
have failed by the following vote:
YES
NO
BLANK
976
988
12
PASSED AND ADOPTED at an adjourned meeting of the Town
Council of the Town of Tiburon on March 10, 1987 by the
following vote:
AYES: COUNCILMEMBERS: Mayberry, Wilson, Coxhead,
Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
'~'
/
C~_/ '. ///~
LAWRENC~/~/,DUKE, MAYOR
Town ofLT.iburon
ATTEST:
RESOLUTION NO. 24"38-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING PROCEDURAL RULES FOR
THE-NOTICING AND CONDUCT OF TOWN COUNCIL MEETINGS
WHEREAS~ the Tiburon Town Council desires to set forth in
writing rules and regulations to govern the noticing of Town
Council meetings and Closed Sessions: preparation of agendas and
the conduct of Town Council meetings,
NOW, THEREFORE~ BE IT RESOLVED~ that the following
procedural rules are hereby adopted:
RULES
Article 1. General
Except as may be otherwise required by law for the conduct of a
hearing on any particular matter~ and provided also that the
Council may at any time during any hearing deviate from or change
the procedures hereinafter set forth in this Article whenever the
Council deems it necessary to do so for the purpose of providing
a fair and orderly hearing, the procedures hereinafter set forth
in the following sections of this Article shall govern the
conduct of all hearings before the Council~ provided further that
such procedures are not binding on the Council and no action of
the Council shall be affected or vitiated by any failure of the
Council to follow such procedures.
Except as may be otherwise required by law for the conduct
of a hearing on any particular matter~ the technical rules of
evidence shall not apply: and as used hereinafter in this
Article, the word "evidence" is not used in the limited sense of
legally admissible evidence.
Any relevant evidence may be admitted if it is the sort of
evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs.
Witnesses will not ordinarily be sworn unless a specific
request therefor is made prior to the hearing.
Article 2 Noticing of Meetings
1. All Town Council tentative and final agendas will be
published in the Ark.
2. All final Town Council agendas will be recorded on the Town's
answering machine the Friday prior to the regular meeting.
3. All final agendas will be posted on the bulletin board in
front of Town Hall on the Friday preceeding the regular
meeting.
1
4: All final agendas will be mailed to the Ark; Independent
Journal and Coastal Post on the Friday before the regular
meeting:
5: All adjourned; special and closed meetings will likewise be
posted on the Town bulletin board and mailed to the three
newspapers to be received at least 24 hours prior to the
meeting.
6. All Town Council agenda items and Staff reports will be
mailed the Friday before the meeting to the affected parties.
7. All Town Council agendas of a community-wide interest will be
forwarded to the president of the property owners'
associations.
8. Legal notices are placed in the Ark newspaper for matters
relating to land use and zoning as required by law.
ARTICLE 3. Closed Sessions
1. All agendas and notices will be sent to The Ark or
Independent Journal at least 24 hours in advance; preferably
72 hours in advance.
2. Closed Session agendas will include the date; time~ place and
item to be discussed. No item not listed on the agenda shall
be discussed.
ARTICLE 4. Agenda Packets
1. The deadline for submitting information to be included in the
Town Council agenda packet is 5:00 P.M. on Thursday
preceeding the regular Council meeting.
Article 5. Conduct of Meetings
a. The Mayor may set forth the nature of the matter to be heard
and ground rules for the public comment.
b. Presentation and recommendation by Staff.
c. Councilmembers direct questions to Staff regarding the report
and recommendation.
d. Presentation by all persons of evidence, testimony~
statements, and arguments in favor of the matter which is
being hard, with questioning, if any~ of each person who
makes an appearance upon conclusion of his presentation
pursuant to Article 5; provided that if the matter which is
being heard by the Council is before the Council on the
petition of any person, then in such event~ such petitioner
shall have the right at his/her option to either begin or
conclude the presentation in favor of his/her petition.
2
e. Presentation by all persons of evidence; testimony;
statements; and arguments against the matter which is being
heard; with questioning; if any, of each person who makes an
appearance upon conclusion of his presentation; pursuant to
Article 5:
f. If the matter Which is being heard by the Council is before
the Council on the petition of any person; then in such event
such petitioner may, at the discretion of the Mayor~ be
permitted to present rebuttal evidence, testimony and
statements.
g. Close of hearing and submission of matter for decision.
ARTICLE 6. Discussion and Deliberation by Councilmembers on
Submitted Matters.
After the hearing has been closed and the matter is
submitted for decision~ the members of the Council may discuss
the matter among themselves. No other persons may speak and no
further exhibits may be filed unless permission is granted by the
Mayor or the Chair. Councilmembers shall address one another
only through the Mayor. Subject to the requirements of law, the
Council may take under submission for a reasonable period of time
any matter Which has been heard before it and may for this
purpose continue its deliberations on such matter from time to
time. In continuing such deliberations, the Council shall
specify the time and place at which such deliberations will be
continued.
ARTICLE 7. Questioning Through Mayor, By Whom Such Questioning
May be Done.
Questioning of persons who appear and make a presentation
may be permitted at the discretion of the Mayor. Such
questioning as may be permitted by the Mayor, by persons in
attendance, shall be done only through the Mayor.
Any person requesting permission from the Mayor to ask such
questions shall state his name, address, and whom he represents.
The Mayor's decision on: (a) whether a person may be
questioned at all: (b) who may ask questions of him: (c) the
number of questions which may be asked of him: (d) whether a
particular question may be asked of him~ shall be final: provided
that the person being qustioned may refuse to answer all or any
of the questions asked of him.
ARTICLE 8. Allowable Time for Presentations
All persons desiring to speak or make a presentation will be
given a reasonable time to do so. The Mayor may at any time
impose time limits with respect to any presentation~ if he finds
such action necessary to prevent abuse or to provide all
interested persons a fair and reasonable opportunity to be
heard. It shall be the policy that all presentations be as brief
and concise as reasonably possible~ without unnecessary delay or
repetition.
3
ARTICLE 9. Exhibits; Marking and Filing Thereof; Examination
The reo f .by .. Coun ci Imembe rs
All documentary or real evidence which is presented to the
Council at a hearing shall be identified by the person presenting
the same and shall be filed by him/her with the Council as an
exhibit by submitting the same at such hearing to the Town
Clerk. The Clerk shall mark all such documentary and real
evidence submitted to him/her as having been filed with the
Council at such hearing, and shall designate the same by an
appropriate exhibit number or letter. Documentary or real
evidence submitted at the hearing shall not be considered by the
Council unless it is filed with the Council as above provided.
All documentary or real evidence filed with the Council at a
hearing may be examined by any Councilmember at any time;
provided~ that Councilmember shall not comment on or ask
questions about the same except during the hearing~ nor discuss
the same except during the discussion thereof among the
Councilmembers after the hearing has been closed and the matter
stands submitted.
ARTICLE 10. Items Not On the Agenda
1. There is a public question/comment time period on the agenda
to allow any person to address the Council for no longer than
three (3) minutes regarding items not on the agenda. No
formal action can or should be taken. The item~ if not
easily answered or resolved, is to be referred to Town
Commission~ Board or Staff and possibly agendized at a future
Council meeting. This procedure is incorporated in
Resolution No. 2428 adopted January 7, 1987.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 4, 1987 by the following vote:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead~
Shaw~ Duke
None
None
AYES:
COUNCILMEMBERS:
ATTEST:
4
RESOLUTION NO~ 2437
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOv~ OF TIBURON DECLARING APRIL
AS MARIN COUNTY CARPOOL MONTH
WHEREAS~ the Marin County Council of Mayors and
Councilmembers has declared the month of April 1987 as Marin
County Carpool Month, and
WHEREAS~ the Marin County Council of Mayors and
Councilmembers is promoting a carpool competition for Marin
residents culminating in April 1987, and
WHEREAS, Golden Gate Ridesharing~ a Department of the Golden
Gate Bridge, Highway & Transportation District is the local
Ridesharing agency and coordinating the promotion with MCCMC, and
WHEREAS, Ridesharing alleviates traffic congestion,
conserves energy, preserves the environment and offers a
convenient commute alternative.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby declares April 1987 as Marin County
Carpool Month.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 4, 1987 by the following vote:
AYES: COUNCILMEMBERS: Wilson, Mayberry~ Coxhead,
Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
RESOLUTION NO. 2436
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON RESCINDING PRIOR
TOWN COUNCIL RESOLUTION NO. 2400
The Town Council of the Town of Tiburon does hereby resolve
as follows:
Section 1. Findinqs
A. On October 2, 1985, Perini Land and Development
Company (Perini) submitted to the Town of Tiburon Precise Plan
and Tentative Map applications to develop certain property
located east of the Perini Phase I Project with access from
Trestle Glen Boulevard and Shephard Way and within the Town of
Tiburon. These applications will be referred to hereinafter as
the "Phase II applications".
B. On August 20, 1986, through Resolution No. 2400, the
Town Council denied Perini's Phase II applications without
prejudice to the applicant's submitting later applications
following expiration of Measure C, a moratorium ordinance passed
by the voters of the Town of Tiburon on April 8, 1986. This
action was taken after the Planning Commission of the Town of
Tiburon, by Resolution No. 432, had recommended such denial of
the Phase II applications.
C. On July 11, 1986, Perini filed a Complaint in the
United States District Court for the Northern District of
California, Case No. C86 3843 RHS. On July 14, 1986, Perini
filed a Petition for Writ of Mandate and Complaint for Injunctive
and Declaratory Relief in the Superior Court of the State of
California, Marin County, Case No. 129341. These lawsuits
concern, inter alia, the validity and enforceability of Measure
C. Subsequently, Perini filed a Petition for Writ of
Administrative Mandamus and Complaint for Declaratory Relief and
Injunction in the Superior Court of the State of California,
Marin County, Case No. 130725, challenging the Town's action
denying Perini's Phase II applications.
D. By a Stipulation filed November 14, 1986 in Superior
Court Case No. 129341, (hereinafter, the "Stipulation"), the
parties established a course of action pursuant to which, subject
to certain conditions, the parties will resolve certain of their
differences giving rise to the above-mentioned lawsuits.
According to that Stipulation, the parties agreed, inter alia:
1. That the Town will rescind Town Resolution Nos.
432 and 2400, and Perini's Phase II applications shall be deemed
reinstated as of their original filing date.
2. Perini agreed that to the extent applicable to
Phase II of Perini's project, the one year time period specified
in the Permit Streamlining Act (Gov. Code Sec. 65950) shall be
tolled during the period Measure C is effective, subject to
certain other provisos set forth in Section 2.02 of the
Stipulation.
3. Perini agreed to dismiss Superior Court Case No.
130725 promptly after the Town's recission of Resolution Nos. 432
and 2400.
E. On February ll, 1987, by Resolution No. 434 , the
Planning Commission of the Town of Tiburon rescinded prior
Resolution No. 432.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does rescind Resolution No. 2400, and that said
Resolution is hereby null and void.
BE IT FURTHER RESOLVED that this Resolution is not intended
to be construed in any way as an action on the merits of Phase II
applications.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 18, 1987 by the following
vote:
AYES:
COUNCIL~ffiMBERS: Coxhead, Shaw, Duke
NOES:
COUNCILMEMBERS: Mayberry
ABSENT: aoUNCILMEMBERS: Wilson
ATTEST:
;@~
R.'L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2435
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING BOUNDARY MAP
Community Facilities District No. 1985-1
The Town Council of the Town of Tiburon resolves:
A map entitled "Proposed Boundaries of Community
Facilities District No. 1985-1, Town of Tiburon, County of Marin,
State of California," has been filed with the Town Clerk.
This Council approves the map and adopts the boundaries
shown on the map as describing the extent of the territory included
in the existing community facilities district known as Community
Facilities District No. 1985-1, Town of ~iburon, Marin County,
California.
This Council finds that the map is in the form and
contains the matters prescribed by Section 3110 of the California
Streets and Highways Code.
This Council directs the Town Clerk to certify the
adoption of this resolution on the face of the map, and to file a
copy of the map with the County Recorder for placement in the Book
of Maps of Assessment and Community Facilities Districts.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on February 18,1987, by the following
vote:
AYES:
COUNCILMEMBERS:
Mayberry, Coxhead, Shaw, Duke
NOES:
COUNCILMEMBERS:
None
~
Wil son,
LA ENCE J. DUKE, MAYOR
Town of Tiburon
ABSENT: COUNCILMEMBERS:
ATTE~
R. L. KLEINERT,
MANAGER/CLERK
2
RESOLUTION NO. 2434
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CONFIRMING THE APPOINTMENT OF
JOHN HARRINGTON AS TOWN TREASURER
WHEREAS, the Office of Town Treasurer is vacant by reason of
the recent resignation of F. G. Knight, and
WHEREAS, John Harrington has been nominated for the position
of Treasurer of the Town of Tiburon, and
WHEREAS, John Harrington appears to this Council to be
qualified in all respects to serve as Treasurer of the Town of
Tiburon.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby accept the resignation of F. G.
Knight as Treasurer of the Town of Tiburon and hereby confirms
and approves the appointment of John Harrington as Treasurer of
the Town of Tiburon, effective February 4, 1987.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 18, 1987 by the following
vote:
AYES: COUNCILMEMBERS: Mayberry, Coxhead, Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Wilson
(
~
ATTEST:
R.
RESOLUTION NO. 2433
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING AN APPEAL BY THE HAWTHORNE
HOMEOWNERS ASSOCIATION OF A DECISION OF THE
BOARD OF ADJUSTMENTS AND REVIEW WHICH RELATED
TO THE TREES AT 700 TIBURON BLVD.
WHEREAS, on January 8, 1987 the Tiburon Board of Adjustments
and Review held a noticed public hearing to consider a complaint
filed by the Hawthorne Homeowners Association (HHA) regarding
view blockage created by trees located at 700 Tiburon Blvd., the
Belvedere Tennis Club (BTC); and
WHEREAS, said Board made certain findings required by Chapter
15, Article III, Section 15-22 of the Tiburon Municipal Code and
determined that certain trees must be trimmed, topped or removed
in order to comply with the purpose of Article III; and
WHEREAS, on January 22, 1987 the HHA filed an appeal to the
Town Council of the Board's decision with reference to the height
of the trees adjacent to courts 3, 4, 5, 6 and 7; and
WHEREAS, the Board in their decision on January 8, 1987
required that the trees adjacent to courts 6 and 7 be trimmed to
10 feet in height as requested by the HHA; and
WHEREAS, the Board required that the trees adjacent to courts
3, 4 and 5 be trimmed to 13 feet in height; and
WHEREAS, the Council conducted a noticed public hearing on
February 4, 1987 to consider the HHA appeal wherein the HHA
indicated, at the hearing, that it pertained only to the height
of the trees adjacent to courts 3, 4 and 5.
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the
Town Council of the Town of Tiburon that the appeal is hereby
denied and the decision by the Board is affirmed in its entirety.
BE IT FURTHER RESOLVED that, based on substantial evidence
produced at the hearing on February 4, 1987 and introduced into
the record, the Town Council finds that all the following facts
have been proved and are true:
1. That the view from the real property of the HHA is
unreasonably obstructed by the subject trees; and
2. That such obstruction materially decreases the enjoyment
of the real property of the HHA; and
3. That the correction of the obstruction required by the
Board's action on January 8, 1987 will not materially
decrease the enjoyment of the real property owned by the
BTC; and
4. The correction of the obstruction required by the Board
will eliminate the unreasonable view obstruction which
currently exists at 700 Tiburon Blvd.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon this on February 18, 1987 by the
following vote:
AYES:
COUNCILMEMBERS: Mayberry, Coxhead, Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Wilson
~~-~.
LAWRENt::
R. MANAGER/CLERK
Draft Date: 2/11/87
RESOLUTION NO. 2432
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING AN APPEAL BY THE BELVEDERE
TENNIS CLUB OF A DECISION OF THE BOARD OF
ADJUSTMENTS AND REVIEW WHICH RELATED TO THE
TREES AT 700 TIBURON BLVD.
WHEREAS, on January 8, 1987 the Tiburon Board of Adjustments
and Review held a noticed public hearing to consider a complaint
filed by the Hawthorne Homeowners Association (HHA) regarding
view blockage created by trees located at 700 Tiburon Blvd., the
Belvedere Tennis Club (BTC); and
WHEREAS, said Board made certain findings required by Chapter
15, Article III, Section 15-22 of the Tiburon Municipal Code and
determined that certain trees must be trimmed, topped or removed
in order to comply with the purpose of Article III; and
WHEREAS, the BTC, on January l2, 1987 filed an appeal to the
Town Council of the Board's decision relating to all instances
where the Board's decision called for a more drastic solution
than was agreed to by the Club; and
WHEREAS, at the hearing on January 3, 1987 the BTe's
president agreed to all solutions of the Board with the exception
of the height of the trees located adjacent to courts 3, 4, and
5; and
WHEREAS, the Board required that the trees adjacent to courts
3, 4 and 5 be trimmed to 13 feet in height instead of l6 feet
requested by the BTC for courts 4 & 5 and 19 feet requested for
court 3; and
WHEREAS, the Council conducted a noticed public hearing on
February 4, 1987 to consider the BTC's appeal wherein the BTC
indicated, at the hearing, that it pertained only to the height
of the trees adjacent to court 3.
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the
Town Council of the Town of Tiburon that the appeal is hereby
denied and the decision by the Board is affirmed in its entirety.
BE IT FURTHER RESOLVED that, based on substantial evidence
produced at the hearing on February 4, 1987 and introduced into
the record, the Town Council finds that all the following facts
have been proved and are true:
1. That the view from the real property of the HHA is
unreasonably obstructed by the subject trees; and
2. That such obstruction materially decreases the enjoyment
of the real property of the HHA; and
3. That the correction of the obstruction required by the
Board's action on January 8, 1987 will not materially
decrease the enjoyment of the real property owned by the
BTC; and
4. The correction of the obstruction required by the Board
will eliminate the unreasonable view obstruction which
currently exists at 700 Tiburon Blvd.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon this on February 18, 1987 by the
following vote:
AYES:
COUNCILMEMBERS: Mayberry, Coxhead, Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Wilson
R. L. KLEIN
Draft Date: 2/1l/87
RESOLUTION NO. 2431
A RESOLUTION OF trHE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING RESOLUTION NOS. 2395 AND
2411 ESTABLISHING CERTAIN ELIGIBILITY
REQUIREMENTS FOR PURCHASE OF HOUSING UNDER
CONSTRUCTION BY THE INNISFREE COMPANIES
WHEREAS~ the Town of Tiburon has heretofore approved a
Master Plan and Precise Plan for the development of approximately
38 acres of land now owned by The Innisfree Companies; and
WHEREAS, by Resolution No. 1113, dated September 17, 1980,
the Town Council of the Town of Tiburon established requirements
for inclusionary housing; and
WHEREAS, Resolution No. 1113, and the Point Tiburon
Development Agreement by and between The Innisfree Companies and
the Town of Tiburon calls for the Town to approve eligibility
requirements for purchase of said inclusionary housing units; and
WHEREAS, by Resolutions Nos. 2395 and 2411, dated August 6,
1986 and October 1, 1986, respectively, the Town Council
established certain therein listed preference criteria for
purchase of said inclusionary housing units in order to comply
with the requirements of Paragraph 3{q) of the Master Plan,
Section 3 of Resolution No. 1113, and Paragraph 7{f) of the Point
Tiburon Development Agreement;
NOH, THEREFORE, BE IT RESOLVED, that the preference criteria
listed in Paragraphs 1, 2 and 3 of Resolutions Nos. 2395 and 2411
are hereby rescinded and the Town does hereby establish as the
sole eligibility criteria for purchase of said housing units,
moderate income and asset limitations as defined by B.U.D.'s
annual determination of median income for Marin County.
All other requirements and conditions of purchase of said
moderate income units to be determined in accordance with the
provisions of Resolution No. 1113 and the Point Tiburon
Development Agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on January 21, 1987 by the following vote:
AYES:
COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw
Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
f/)
'/ J
:-~?;/D~
Town of iburon
ATTEST:
RESOLUTION NO. 2430
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AUTHORIZING THE TOWN TO BECOME SUBJECT
TO THE UNIFORM CONSTRUCTION COST ACCOUNTING PRO-
CEDURES PROMULGATED BY THE STATE CONTROLLER PURSUANT
TO PUBLIC CONTRACT CODE SECTION 21109
WHEREAS, the Town, in order to utilize the alternative
bidding procedures of Article 3 (commencing with Section 21200)
of the Public Contract Code must become subject to the uniform
construction cost accounting procedures promulgated by the State
Controller.
BE IT RESOLVED by the Town Council of the Town of Tiburon
that the Town elects to become subject to and will meet the
requirements prescribed in the California Uniform Public
Construction Cost Accounting Commission's Cost Accounting
Policies and Procedures Manual. The effective date to implement
the account and bidding procedures is to be 1 April 1987.
PASSED AND ADOPTED by the Town Council of the Town of
Tiburon at a regular meeting on January 2l, 1987, by the
following vote:
AYES:
COUNCILMEMBER: Mayberry, Wilson, Coxhead, Shaw
NOES:
COUNCILMEMBER: None
ABSENT:
COUNCILMEMBER: Duke
(/L {~l<-~rz
STONE COXHEAD, VICE-MAYOR
Town of Tiburon
ATTEST: ~.
$~
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2429
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING THE
1987/88 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 1987/88 to 1992/93 listing of candidate Federal Aid Primary
(FAP) projects on December 10, 1986.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby approve the following projects 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 January 2l, 1987 by the following
vote:
AYES:
COUNCILMEMBERS:
Mayberry, Wilson, Shaw,
Coxhead
None
Duke
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
/2/ Vi '
,. _ ~ {;yL_-t
STONE COXHEAD VICE-MAYOR
Town of Tiburon
ATTEST:
~
PROPOSED 1987/88 STIP
MARIN COUNTY
A) APPROVED PROJECTS:
1) Strawberry Interchange. Modify Off/On Ramps.
($0.8 M, All Local) (1987-88)
2) Nellen Ave. To Corte Madera Creek, Freeway Protection.
($1.0 M) (1986-87)
3) Mission Ave. to Miller Creek Rd., Landscaping.
($0.6 M) (1989-90)
4) Merryda1e Rd., Construct Overcrossing.
($1.5 M FAP + $2.1 M Local = $3.6 M Total) (1987-88)
5) Manuel Freitas Interchange, Construct New Northbound On-Ramp.
($0.9 M) (1987-88)
6) Route 37 to Miller Creek Rd.. Construct Southbound and Northbound
HOV Lanes.
($8.6 M) (1988-89)
7) Rowland Blvd.. Modify Interchange.
($3.7 M. All Local) (1986-87)
-C1
8) Lucas Valley Road Interchange. Construct new Southbound Off and On
Ramps.
($3.3 M, All Local) (1991-92)
B) PROPOSED PROJECTS: (Listed in order of priority)
1) Lincoln Ave. extension.
800 K FAU, 900 K FAP. . (1987-88)
2) Mission St. to North San Pedro Rd., Construct Northbound and
Southbound HOV Lanes and Southbound Auxiliary Lane.
($25.0 M)
3) Ignacio Blvd. to Route 37, Construct Northbound Auxiliary Lane.
($1.0 M) .
4) San Rafael Viaduct to Route 1580, Construct Northbound and
Southbound HOV and Auxiliary Lanes and Reconstruct Route 101/1580
Interchange including Southbound On and Off Ramps.
($19.0 M)
5) Sir Francis Drake Blvd. to Route 1580, Construct Northbound
Auxi1 iary Lane.
($5.0 M)
6) Miller Creek Rd. to No. San Pedro Rd., Construct Southbound
Auxil iary Lane.
($2.0 M)
7) Route 1580 to Sir Francis Drake Blvd., Construct Northbound and
Southbound HOV Lanes and Southbound Auxiliary Lane.
($40.0 M)
8) Construct new interchange at Nellen Ave.
($19 M)
9) Waldo Interchange, Modify Ramps.
($1.5 M, All Local)
10) Park and Ride lot for approx. 330 vehicles at Rowland Blvd./US 101.
($1.4 M)
11) Park and Ride lot for approx. 200 - 250 vehicls at Tamalpais Dr./US
101.
($.75 M)
--
~
-2-
12) Park and Ride lot for approx. 100 vehicles on Anderson Dr. in San
Rafael ($.1 M)
13) Route 1580 at Bellam Blvd. Relocate Westbound Off and On Ramps.
($4.18 M, FAI + $3.32 Local = $7.5 M Total)
14) Route 1580 at Irene St., Construct Underpass and Relocate Eastbound
Off and On Ramps at Bel1am Blvd.
($10.5 M)
15) Atherton Ave. to Route 37, Construct Southbound HOV Lane.
($8.0 M)
16) Route 37 to Atherton Ave., Construct Northbound HOV Lane.
($8.0M)
17) Route 1 at Panoramic Highway, Modify Intersection.
($0.5 M)
18) 1.7 to 4.0 Miles North of Atherton Ave. Interchange, Construct New
Interchange and Frontage Road.
($7.0 M)
II 9
12-1-86
--
RESOLUTION NO. 2428
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ESTABLISHING GUIDELINES FOR COMPLIANCE
WITH A.B. 2674 AMENDMENTS TO THE OPEN MEETING
REQUIREMENTS OF THE BROWN ACT
WHEREAS, the State Legislature has recently enacted Assembly
Bill 2674, which will become effective January 1, 1987, and which
amends the open meeting requirements of the Brown Act (Government
Code sections 54950-54961); and
WHEREAS, the new open meetinq requirements will apply to all
legislative bodies of the Town as that term is or may from time
to time be defined in the Brown Act, including sections 54954,
54952.2, 54952.3 and 54952.5 thereof; and
WHEREAS, the Town Council wishes to establish guidelines for
the uniform implementation of the new Brown Act amendments.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby adopts the following policies and
procedures applicable to open meetings of all legislative bodies
of the Town, as that term is or may from time to time be defined
in the Brown Act, including sections 54952, 54952.2, 54952.3, and
54952.5 thereof:
1. _Posting of Agendas. Agendas for all meetings shall be
posted at least 72 hours before a regularly-scheduled meeting or
24 hours before a special meeting. The agendas shall be posted
outside the main entrance to the Tiburon Town Hall, located at
1155 Tiburon Boulevard, Tiburon.
2. Posting Book. The clerk or secretary of each
legislative body shall cause to be kept a Posting Book into which
the person posting the agenda for any regular or special meeting
of that body shall enter a declaration stating the date and time
of posting of the agenda for such meeting. The Posting Book
shall be available for public inspection in the office of the
custodian of the minutes of the legislative body.
3. Description of Agenda Items. The agenda shall give the
time and location of the meeting. Each item listed for
discussion on the agenda shall include a description of the item
sufficient to enable members of the general public to determine
the general nature or subject matter of the item. For land use
items, the location or street address, or if none, then the
assessor's parcel number, of the property shall be given. If an
item involves a contract, the agenda shall briefly describe the
nature of the contract.
4. Procedure for Adding Agenda Items. Each legislative
body is prohibited from acting upon any item which did not appear
on the posted agenda for the meeting, unless one of the three
following conditions exist:
(a) The members determine by a majority vote that an
emergency situation, as defined by Government Code section
54956.5, exists. Notice of an emergency meeting shall be
given as prescribed by Government Code section 54956.5.
(b) The members determine by at least a two-thirds
vote, or if less than two-thirds of the members are present,
by a unanimous vote of those members present, that the need
to take action arose subsequent to the agenda being posted
as specified above.
(c) The item was included in a properly posted agenda
for a prior meeting occurring not more than five days prior
to the meeting at which the action is taken, and was
continued to the meeting at which the action is taken.
Any motion made under subsection (a) or (b) of this
paragraph shall describe the nature of the emergency situation or
late disclosure of need, and the need for any late additions
shall be substantiated in the minutes of the meeting.
5. Procedure for Public Discussion. Members of the public
shall be allowed to speak on any item which appears on the agenda
for a regular meeting. In addition, each legislative body shall
provide time at a designated point in regular meetings for
members of the public to address the body on any matter, within
the subject matter jurisdiction of the body, which does not
appear on the agenda. If discussion or action is required by the
body on any matter not appearing on the agenda, the presiding
officer of the legislative body shall refer the matter to staff,
or shall agendize it for a later meeting of the body. The
presiding officer may impose reasonable limits on the total
amount of time allocated for public testimony on particular
issues, and the amount of time allocated for each speaker.
6. Notwithstanding paragraph 5, the agenda for a Town
Council meeting need not provide an opportunity for the public to
address the Council on any item that has already been considered
by a committee composed exclusively of Councilmembers, at a
public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item,
unless the Council determines that the item has been
substantially changed since the committee heard the item.
-2-
Passed and adopted by the Town Council of Tiburon,
California, at a meeting thereof held on the 7th day January,
1987, by the following vote:
Ayes:
Councilmembers: Duke, Coxhead, Mayberry, Shaw,
Wilson
Councilmembers: None
counCilmembers:~
Lawrence J. Duke, Mayor
To n of Tiburon
Noes:
Absent:
ATTEST:
-3-
RESOLUTION NO. 2427
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING VIACOM'S
ASSIGNMENT OF ALL APPLICABLE CABLE
TELEVISION FRANCHISE OBLIGATIONS TO
VIACOM CABLEVISION OF MARIN, INC.
WHEREAS, Clear View Cable Systems, Inc., a wholly-owned
subsidiary of Viacom International Inc. ("Viacom"), is franchised
to provide cable television service in Tiburon, and
WHEREAS, an investor group led by Viacom's senior management
is engaged in a transaction involving a merger between Viacom and
a newly created corporation as fully explained in a letter dated
October 27, 1986, and
WHEREAS, Viacom desires to reorganize its corporate
structure, and
WHEREAS, a wholly-owned subsidiary of the new merged
corporation, Viacom Cablevision of Marin Inc., has agreed to
assume and be bound by all applicable cable television franchise
terms and conditions in Tiburon,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby grants its approval to permit the
assignment of all applicable cable television franchise
obligations to Viacom Cablevision of Marin Inc. on the condition
that Viacom Cablevision of Marin, Inc. shall assume and be bound
by all applicable cable television franchise terms and conditions
including but not limited to those conditions in the Marin Master
Agreement dated March 1986.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on January 7, 1987 by the following
vote:
AYE S :
COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw,
Duke
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
ATTEST:
/)
~:...------
///
~~
LAWRENCE J.
RESOLUTION NO. 2426
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE FIVE YEAR FEDERAL AID
URBAN PROGRAM COMMENCING FY 1987-88 RECOMMENDED
BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE
WHEREAS, the Town of Tiburon desires to continue to
participate in the Federal Aid Urban program for funding approved
transportation projects as authorized by the Federal Highway Act
of 1973 and succeeding amendments; and
WHEREAS, the Federal Highway Act, the State Transportation
Board, and the Metropolitan Transportation Commission require
that a program of projects approved for Federal Aid Urban funding
be established by a countywide committee consisting of
representatives from each City, the County, Transit District,
CAL/TRANS, Golden Gate Bridge District, and the Metropolitan
Transportation Commission; and
WHEREAS, the Board of Supervisors have approved procedures
for the Federal Aid Urban Program and the formation of the Marin
County Urban System Committee; and
WHEREAS, the Marin County Urban System Committee did meet to
review the program and new projects which had been submitted for
consideration as part of a five-year program; and
WHEREAS, the Marin County Urban System Committee did approve
a five-year ,Federal Aid Program on November 12, 1986;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby approve the five-year Federal Aid
Urban Program of projects beginnign FY 1987-88 recommended by the
Marin County Urban System Committee as specified in Exhibit "A"
attached hereto.
BE IT FURTHER RESOLVED that copies of this resolution be
forwarded to the Board of Supervisors of the County of Marin for
approval as the Marin County Federal Aid Urban System Program.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on
January 7, 1987 by the following
vote:
AYES: COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw
Duke
NOES: COUNCILMEMBERS: None
ABSENT: OOUNCILMEMBERS: None
~/) ~
~~- -L_
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
~~/-
R. L. KLEINERT, T - MANAGER/CLERK
EXHIBIT IIA"
FIVE-YEAR MARIN COUNTY FAU PROGRAM
BEGINNING 1987-1988
PROJECTS PROGRAMMED FOR FUNDING
SPONSOR/PARTICIPANT
Novato
Novato
Mill Valley
Golden Gate Bridge
Highway and Transpor-
tation District
County of Marin/Novato
San Rafael/County of
Marin/Ca1trans
County of Marin
Ti bu ron
County of Marin/
Fa i rfax
Golden Gate Bridge
Highway and Transpor-
tation Di strict
County of Marin
Novato
County of Marin
Golden Gate Bridge
Highwaty and Transpor-
ta t ion Di s t r i c t
Novato
gk-9
Rev. 12-8-86
PROJECT
Novato Blvd. - Wilson to Eucalyptus
Bel Marin Keys Blvd.
Arroyo San Jose to Digital Dr.
Miller Avenue
Transit related street
improvements in Marin County
Indian Valley Rd.
(Old Ranch Rd. to Arthur St.)
Lincoln Ave/Los Ranchitos
Connection
Tennessee Valley Rd.
(Main to Shoreline)
Tiburon Blvd. Downtown,
Phase II
Sir Francis Drake Blvd.
(from 800 ft. t west of Fairfax
City Limits to Olema Rd.)
San Rafael Park & Ride
Sir Francis Drake Blvd.
Signal Improvements
S. Novato Blvd., Phase II
Redwood Hwy. Frontage Rd./
Seminary Dr. Intersection
Improvements
Bus Stop and Street Improvements
S. Novato Blvd., Phase I
ESTIMATED
FAU FUNDS
818,000
340,000
300,000
269,000
899,000
800,000
814,000
537,000
438,000
100,000
422,000
576,000
154,000
329,000
412,000
PROGRAM
YEAR
86/87
86/87
86/87
86/87
87/88
87/88
88/89
88/89
89/90
89/90
89/90
90/91
91/92
91/92
91/92
RESOLUTION NO. 2425
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING THE
REED RANCH ROAD OVERLAY PROJECT
WHEREAS, all work on the Reed Ranch Road Overlay Project was
completed on November 25, 1986 to the satisfaction of the Town
Engineer.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby accepts the Reed Ranch Road Overlay
Project improvements.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on
January 7, 1987 by the following
vote:
AYE S :
COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw
Duke
NOES: COUNCILMEMBERS: None
ABSENT: OOUNCILMEMBERS: None
, /
~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
~~
R. L. KLEINERT, TO MANAGER/CLERK
RESOLUTION NO. 2424
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON EXPRESSING APPRECIATION
AND GOOD WISHES TO JOHN E. BAILEY ON HIS
RETIREMENT AS TIBURON CHIEF OF POLICE
WHEREAS, JOHN E. BAILEY began his law enforcement career in
the City of Napa in 1960, and advanced through the Department and
held the title of Lieutenant, and
WHEREAS, JOHN E. BAILEY in 1975 was hired by the City of
King to become their Police Chief, and
WHEREAS, JOHN E. BAILEY served with distinction in this
position until he became Tiburon's Chief of Police in 1978, and
WHEREAS, JOHN E. BAILEY has faithfully served the Town of
Tiburon 24-hours a day for over eight years, and
WHEREAS, JOHN E. BAILEY distinguished himself time and again
as a strong leader of his Department, always encouraging his
officers to improve their performance, and always supporting
their advanced training, and
WHEREAS, JOHN E. BAILEY earned the respect and admiration of
his officers, Town Staff, Town officials and residents.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby extends its sincere appreciation and good
wishes to JOHN E. BAILEY on the occasion of his retirement as
Tiburon's Police Chief.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on January 7, 1987 by the following
vote:
AYE S :
COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw,
Duke
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
ATTEST:
~
R. L. KLEINERT, WN MANAGER/CLERK
/