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HomeMy WebLinkAboutTC Res 1988 (January thru July) RESOLUTION NO. 2532 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1988-89 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 1988-89. 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 1988-89, and all expenditures, encumbrances, transfers and appropriations set forth herein are also approved; and FURTHER, 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 Town's 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 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Mayberry, Shaw Duke None Logan NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ~"~... . / /1 . . '/ --,(1,,,._,.. /~ /...___ LAWRENCE ~L/~UKE, MAYOR Town of Tlburon ATTEST: A CLERK RESOLUTION NO. 2531 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION AND COMMENDATION TO ALAN P. NADRITCH FOR DISTINGUISHED SERVICE TO THE TOWN WHEREAS, ALAN P. NADRITCH has faithfully and professionally served the Town of Tiburon for ten (10) years from 1978 to 1988, and WHEREAS, during this time he always gave selflessly of his time and energy in performing his Finance Director's duties, and WHEREAS, while there are numerous highlights to Alan P. Nadritch's career with the Town of Tiburon, some of the more significant were his steadfast financial and investment stewardship, his assistance with the Town's 20th Anniversary celebration, his liaison role with the Parks & Open Space Commission, and more recently his guidance associated with the Town's computer program, and WHEREAS, the Town Council of the Town of Tiburon desires to recognize Alan P. Nadritch for the outstanding manner in which he performed his professional duties, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby commend and express the Town's appreciation to Alan P. Nadritch for his dedication and outstanding public service to the Tiburon community and its residents, and BE IT FURTHER RESOLVED that the Town Council on behalf of the Town of Tiburon extends its best wishes to Alan P. Nadritch for success and happiness in his new appointment and future endeavors. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry, Duke NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Logan / / ' ''''---'. //'. - ./' ~,~('~-<A'" -- .,.- J...._._.. _'__ .... /. -/ / / . /. :.I.,~-_.- LAWRENCE.-((. DUKE, MAYOR ATTEST: MANAGER/CLERK RESOLUTION NO. 2530 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE AMENDMENT TO THE PRECISE PLAN AND THE LOT LINE ADJUSTMENTS FOR LA CRESTA UNIT 2 SUBDIVISION LOTS 22-26 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Planning Commission of the Town of Tiburon has received and considered the request of La Cresta Associates (PC#88-003 La Cresta Unit 2 Lots 22-26) for lot line adjustments and an amendment to the Precise Plan for the La Cresta Unit 2 Subdivision Lots 22-26. B. The amendment to the Precise Plan and the lot line adjustments are described as follows: 1. La Cresta Unit 2 Lots 22-26 Lot Line Adjustment Map showing precise plan building envelopes, dated 5/4/88. 2. Application form. C. The Planning Commission has held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public. D. The project is in conformance with the California Environmental Quality Act (CEQA) Categorical Exemption Class 5. E. The Planning Commission has found the amendment to be in conformance with the Tiburon General Plan as well as other applicable regulations and it is in substantial conformance with the approved Master Plan. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the lot lines as submitted and approves the Precise Plan amendment subject to the following conditions: 1. Applicant shall record with Marin County a record of survey for lots 22-26 of La Cresta Unit 2 showing the amended building envelopes approved by the Planning Commission and the Town Council as follows: A. Building envelopes for lots 23-26 are approved as submitted, B. The building envelope for lot 22 is approved with the condition that it have a 20 foot setback from the lot line shown as 105 feet long; 2. The document recorded shall be consistent with the lot line adjustments and building envelopes approved by the Planning Commission on May 11, 1988, and in accordance with the La Cresta Unit 2 Lots 22-26 Lot Line Adjustment Map dated 5/4/88 as amended by the Planning Commission; and 3. The Town Council recommends that the Board of Adjustments and Review have 40 feet of space between one home and another for all lots. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 1, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ~ . ""-lh . (,,' C" - ",/!vtc',Y'..c4:J J~ $4t ~ FRANcIS X. SHAW, VICE-MAYOR Town of Tiburon ATTEST: I<<l~ - R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2529 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AMENDMENT OF THE PRECISE PLAN FOR THE MIRAFLORES UNIT 2 SUBDIVISION LOT 29 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Planning Commission of the Town of Tiburon has received and considered the request of Luis Huerto-Rojo (PC#88-002 Miraflores Unit 2 Lot 29) for an amendment to the Precise Plan for the Miraflores Unit 2 Subdivision. B. The amendment to the Precise Plan is described as follows: 1. Site plan survey dated 12/2/85. 2. Application form dated 1/28/88. C. The Planning Commission has held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public. D. The project is categorically exempt under the California Environmental Quality Act Class 5(a). E. The Planning Commission has found the amendment to be in conformance with the Tiburon General Plan as well as other applicable regulations and is in substantial conformance with the approved Master Plan. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the Precise Plan amendment subject to the following conditions: 1. Applicant shall submit a record of survey of lot 29, 17 RM8, Miraflores Unit 2 to staff showing the amended primary building envelope and accessory building envelope as approved by the Planning Commission and recorded with Marin County, at the discretion of staff; 2. The Northwest corner of the building envelope for Lot 29 shall be increased from 264 feet TBE to 277 feet TBE; 3 . The swimming pool and supporting structures in the secondary building envelope shall be determined by the Board of Adjustments & Review. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 1, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ATTEST: R.~~AGER/CLERK RESOLUTION NO. 2528 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING LICENSE FEES FOR BINGO GAMES WHEREAS, the Town Council of the Town of Tiburon has adopted Ordinance No. 322 N.S. authorizing and regulating certain bingo games in the Town of Tiburon; and WHEREAS, said Ordinance authorized the Town Council to set license fees for bingo games by resolution; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. The fees for a license to conduct bingo games in the Town of Tiburon shall be as follows: a. One year license $250.00 b. Special license (not to exceed 3 days) $30.00 2. The license fee shall be paid as follows: a. $30.00 shall be paid at the time of filing the application with the Town Manager. If the license is denied, one-half of this sum, or $15.00, shall be refunded to the applicant. If the license is granted, the entire $30.00 shall be applied towards payment of the license fee. b. The remaining balance of the license fee, if any, shall be paid prior to issuance of the license. 3. The Town Council may waive or reduce the fees set forth herein in an individual case, upon a showing of good cause by the applicant. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 18, 1988, by the follow- ing vote: -1- AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ~YS~ F CIS X. SHAW, VICE MAYOR Town of Tiburon ATTESftE1~ .- R. L. KLEINERT, TOWN MANAGER/CLERK -2- RESOLUTION NO. 2527 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING CONSOLIDATION OF THE TIBURON AND ALTO RICHARDSON BAY FIRE PROTECTION DISTRICTS WHEREAS, in 1987 the Tiburon and Alto Richardson Bay Fire Protection Districts jointly initiated a consolidation study prepared by Hughes Heiss & Associates, Management Consultants, and WHEREAS, the consolidation study's primary purpose was to identify and consider possible consolidation alternatives for the Tiburon and Alto Richardson Bay Fire Protection Districts and evaluate the advantages and disadvantages of each, and WHEREAS, the key findings of the consolidation study were that consolidation of the Fire Districts would result in significant long term savings, a significant lowering of current District assessments, a continued high level of fire protection services and the acknowledgement that both Districts are currently working together to some degree, and WHEREAS, the consolidation study concluded that the Tiburon and Alto Richardson Bay Fire Protection Districts should consolidate and proceed to outline the initial steps to achieve such consolidation, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby unanimously support and endorse the findings and recommendations of the Tiburon peninsula Fire Protection Districts consolidation study, and BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon encourages the Districts to commence the consolidation proceedings. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 18, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ~J:~ A CIS X. SHAW, V CE-MAYOR Town of Tiburon ATTE . ROBERT L. KL-- :ERT, OWN MANAGER/CLERK RESOLUTION NO. 2526 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE ANNUAL SALARY OF THE TOWN MANAGER WHEREAS, Chapter 2, Article II, 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 $60,420 annually, effective January 1, 1988. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 1988, by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke -d~ )"S~ FRANCIS X. SHAW, VICE-MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, TOW RESOLUTION NO. 2525 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING A "NO PARKING" ZONE BETWEEN SIGNS POSTED ON NED'S WAY ON TOWN PROPERTY BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON that it is hereby ordered as follows: The following portion of Ned's Way is hereby defined and established as a "No Parking" between signs area and shall be governed by the provisions of Section 23.1 of the Tiburon Town Code. 1. On the southeast side of the south prolonged curb of Ned's Way. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ~sH1 ~~ Town of Tiburon ATTEST: , ~jt(/ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2524 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING A PUBLIC NUISANCE OF A HAZARDOUS SIDEWALK ON VIA LOS ALTOS, AP#38-351-31, AND ORDERING ITS ABATEMENT WHEREAS, pursuant to Section 38773 of the Government Code of the State of California, the Town of Tiburon did adopt Ordinance No. 59 to provide for the abatement of nuisances and establishing procedures therefore, and WHEREAS, it has been found that a public nuisance exists on two sections of a sidewalk located on Via Los Altos, described as Assessor's Parcel #38-351-31, and WHEREAS, the aforementioned sidewalk condition is detrimental to the public health, safety and welfare of the citizens of Tiburon, in that it creates a public hazard and does not conform to the requirements placed on similar properties in the same vicinity and zone, and WHEREAS, the owners of the subject property have not evidenced an inclination to conform to the requirements of Chapter 13 of the Tiburon Municipal Code, NOW, THEREFORE, BE IT RESOLVED the the Town Council of the Town of Tiburon finds and does declare that the hazardous sidewalk on that certain property located on Via Los Altos, described as Assessor's Parcel #38-351-31 is a public nuisance, and does order that the Town Attorney proceed to abate the subject nuisance as provided by law no later than June 4, 1988; and further, THAT the Town Council of the Town of Tiburon does order that the costs of the abatement will be assessed upon th~ described property and shall constitute a lien upon such property until paid. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke 4~ XS~ FRA~CIS X. SHAW, VICE-MAYOR Town of Tiburon ATTEST: MANAGER/CLERK RESOLUTION NO. 2523 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING A PUBLIC NUISANCE AND ORDERING ABATEMENT OF ILLEGAL FILL LOCATED ON TOWN RIGHT-OF-WAY AND DRAINAGE EASEMENT AT 14 PLACE MOULIN AND DEPOSITED BY CHARLES ERVES OF 16 PLACE MOULIN, AP# 58-351-11 WHEREAS, pursuant to Section 38773 of the Government Code of the State of California, the Town of Tiburon did adopt Ordinance No. 59 to provide for the abatement of nuisances and establishing procedures therefore, and WHEREAS, it has been found that illegal fill exists on a Town right-of-way and drainage easement located at 14 Place Moulin described as Assessor's Parcel #58-351-24, next to 16 Place Moulin described as Assessor's Parcel #58-351-11, and WHEREAS, the aforementioned unlawful fill is detrimental to the public health, safety and welfare of the citizens of Tiburon, in that it violates the zoning ordinance and does not conform to the restrictions placed on similar property in the same vicinity and zone, and further, that the illegal fill contributes to the unstable soil and drainage problems; and WHEREAS, the owner of 16 Place Moulin, Charles Erves, deposited the illegal fill, did not apply for or receive an encroachment permit, and has not evidenced any inclination to conform to the repeated requests of the Town to remove the fill, NOW, THEREFORE, BE IT RESOLVED the the Town Council of the Town of Tiburon finds and does declare that the illegal fill on property located on said public property is a public nuisance, and does order that the Town Attorney proceed to abate the subject nuisance as provided by law no later than June 4, 1988; and further, THAT the Town Council of the Town of Tiburon does order that the costs of the abatement will be assessed upon the described property of the person who deposited said fill and shall constitute a lien upon such property until paid. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 1988 by the following vote: AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ~4V~ ~S~ R CIS X. 's AW, VICE-MAYOR Town of Tiburon ATT~ ROBERT L. KL'INERT, OWN MANAGER/CLERK RESOLUTION NO. 2522 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 12TH DAY OF APRIL 1988 WHEREAS, the Town Council of the Town of Tiburon did heretofore order an election to be held within the Town of Tiburon on the 12th day of April 1988, for the purpose of selecting two (2) Town Councilpersons to serve for terms of four (4) years, 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 1612 in the precincts and 316 were absentee ballots; 2. That the names of the persons voted for were: Jon Rankin Stone D. Coxhead Peter Logan 3. That the candidates were each a candidate for one of the two (2) seats to be vacated at the expiration of proper terms as fixes by law; 4. That this Council hereby finds that the number of votes cast in said election for the for each candidate for the office of Councilperson was as follows: CONSOLIDATED PRECINCT NO. 3301: SHEPHERD OF THE HILL CHURCH Jon P. Rankin Stone Coxhead Peter Logan 77 73 131 CONSOLIDATED PRECINCT NO. 3013: TIBURON BAPTIST CHURCH Jon P. Rankin 85 Stone Coxhead 199 Peter Logan 247 CONSOLIDATED PRECINCT NO. 3014: DEL MAR SCHOOL Jon P. Rankin 97 Stone Coxhead 176 Peter Logan 223 CONSOLIDATED PRECINCT NO. 3015: REED SCHOOL Jon P. Rankin 98 Stone Coxhead 155 Peter Logan 207 CONSOLIDATED PRECINCT NO. 3016: BRADLEY HOUSE Jon P. Rankin Stone Coxhead Peter Logan 104 186 237 ABSENTEE BALLOTS: Jon P. Rankin Stone Coxhead Peter Logan 104 187 219 5. That the total number of votes cast throughout the Town of Tiburon for the two vacant seats on the Town Council were as follows: Jon P. Rankin Stone Coxhead Peter Logan 565 976 1264 6. That the following persons are hereby declared to be elected as members of the Town Council of the Town of Tiburon for a term of four (4) years: Stone Coxhead Peter Logan 7. That the Town Clerk is hereby directed to cause a certified copy of this resolution to be delivered to each candidate. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on April 19, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Wilson, Shaw, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None () L y, r2~4-Q STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: MARIN COUNTY OFFIC1AL RECORDS ./ 1i\~ Of.j:"jL ) ~.fl.t' i . ~.\, C. j (-..r ~'\l ~ ') /.. !\.. (1,.:,/' \'. (!) ,~'- ~ J cJ<:' ....... , o I (.""I./ " ~7 LJ.) '3920006 RESOLUTION NO. 2521 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN 'OF TIBURON ACCEPTING OBNINSKY OFFER OF DEDICATION AND GRANT DEED WHEREAS, VICTOR P. OBNINSKY and CLARA B. OBNINSKY are owners of certain real property commonly known as 6 Mateo Drive, Town of Tiburon, Marin County, State of California, and WHEREAS, TOWN OF'TIBURON is the owner by dedication of the roadways, drainage facilities and other improvements appurtenant to the OBNINSKY property and within Paradise Estates Subdivision, Town of Tibu=on, Marin County, California, subdivision map for Paradise Estates being filed for record in Book 15 of Maps, at page 78, Official Records of Marin County, California, and WHEREAS, VICTOR OBNINSK~ and CLARA OBNINSKY have constructed and improved an closed drainage system consisting of a 12-inch drain pipe, junction and drop inlet boxes located within a 10-feet wide easement parcel within the OBNINSKY property, and WHEREAS, the closed drainage system collects the bay's runoff from roadways, drainage facilities and other improvements within Paradise Estates Subdivision, WHEREAS, VICTOR OBNINSKY and CLARA OBNINSKY desire to convey and the TOWN OF TIBURON desires to acquire certain rights in the closed drainage system and the easement parcel, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the TOWN OF TIBURON hereby accepts the offer of dedication of VICTOR P. OBNINSKY and CLARA B. OBNINSKY in that certain easement located at 6 Mateo Drive, Tiburon, Marin County, California, more specifically described in Exhibit A attached hereto. BE IT FURTHER RESOLVED that the Town Council of the TOWN OF TIBURON hereby accepts the Grant deed of Drainage Easement from VICTOR OBNINSKY and CLARA OBNINSKY attached hereto and marked as Exhibit B. ,,_ 1" n')J!b MAR1N. ,COUNTYOF'F.,liCIAL ..f.tECO,R;OS 8"920006 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Mayberry, Shaw, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson (}L D. {;~~.t STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: .....,'.~...'Jf?I<<f -F-. L. KLEINERT, TOWN MANAGER/CLERK 1 1 i ~,} ?0006 E!sccrWED /, T EEO.l.iES1GF AGENCY SHOWN TOWN OF TIBURON Ll55 lTBURON BLVD. TIBURON,CA94920 1989 i(R - 7 1\:'1:3 00 ( MAR! J,. ~ , "'~'-".... V" [' ~! ('(i1j GRANT DEED OF DRAINAGE EASEMENT No Fee GC6103 1. PREAMBLE This GRANT DEED OF DRAINAGE EASEMENT made this 308 day of March 1988 by and between Victor P. Obninsky and Clara B. Obninsky, hereinafter collectively referred to 'as "Grantor," and the Town of Tiburon, County of Marin, State of California, hereinafter referred to as "Grantee." 2 . RECITALS WHEREAS Grantor is the owner of certain real property commonly known as 6 Mateo Drive, Town of Tiburon, Marin County, state of California, a full description of which is set forth in the "Corporation Grant Deed" dated June 30, 1975 filed for record in Book 2915 at Page 252, Official Records of Marin County, California, on July 3, 1975, hereinafter referred to as the "servient tenement.1I WHEREAS, Grantee is the owner by dedication of the roadways, drainage facilities and other improvements appurtenant to the servient tenement and within the Paradise Estates subdivision, Town of Tiburon, Marin County, California the subdivision map for Paradise Estates being filed for record in Book 15 of Maps at Page 78, Official Records of Marin County, California. ORIGINAL o ?n008 WHEREAS Grantor has constructed and improved a closed drainage system (tl:e "closed drainage system") consisting of a 12-inch drainage pipe, and junction and drop inlet boxes located within a 10-foot wide easement parcel within the servient tenement, the full description of which is set forth in Exhibit "A" (the "easement parcel") . WHERE1~S the closed drainage system collects and conveys runoff from the dominant tenement. WHEREAS, the Grantor desires to convey and the Grantee desires to acquire certain rights in the closed drainage system and the easement parcell the Tiburon Town Council having approved acceptance of the dedication of the easement parcel by resolution dated March 16, 1988. NOW, THEREFORE, it is agreed as follows: 3. GRANT OF EASEMENT For valuable consideration, Grantor hereby grants to Grantee the covered drainage system and an easement appurtenant to the dominant tenement over, under, across, and upon the easement parcel~ a full description of which is set forth in Exhibit "A" attached hereto and a survey of which is set forth in the easement plat attached hereto as Exhibit "B," to have and to hold said easement for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining and operating the closed drainage system and appurtenances together with the right of ingress and egress therefore. : q ? f1 0 0 a' 4. BINDING EFFECT This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the party hereto. In witness whereof the parties have executed this instrument the day and year first above written. state of California County of Narin } 5S. On this 30th day of March 1988, before me, _ L. HELTON , the undersigned Notary PUblic, personally appeared VICTOR P. OBNINSKY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hancVand official ~ ./ seal. I) / l' '"'1')//1/: ,_~--1 I / / ~. // " i . (/l.e./L..' ..t--r- Notary Public €I. .....-......'.... .OFF.'.C...Al,.....8EAL.... :' ..... LIELTU : e' NOTMY'~ 1:, ,.......O.....l'lll'I.NlllCIllllly " ... ........1IlI*'I_ ", - f~ 20006 state of California } S5. County of Marin On this 30t.h day of 11arch 1988, before me, _ L. MELTON , the undersigned Notary Public, personally appeared CLARA B. OBNINSKY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged that she executed it. WITNESS my hand and official seal. 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','. ii,.,' "'.;,;', '. ....!;':'..':.', ':)~;!i,.'{j'c..:!;j,/i:,<.: ."; ,CO"i"i ....;:" ..... ,... ..;/,.':'~(...:.,(,:.:,.,'2-r(</i,:<i;,X,...;:}.,;..?;C,"'/:'.:'....:'; > ..' ;':, .,., ,..,.......i. ....'..,..'.'~...', .,..i.".,.,........,' L ",::,';i";',:.';j",:',;,,/,'.':)'':,'i,:/' ..... : ,.:.,.... t: 9 ?uuuti , ,', 'i':' ,:',: :.);:. ~,/ ':,' .:: .', EXHIBIT "An ,!I . '. . '.'. .,' .: , , '..... , .,.. ....:; '..: ..\ ."."'. "." : , " .. .: ' :. ..... ' ..,... , " . ..: '-' "":'. ,,' , "':.' , ,! " ",... i. ..' ". ' " :.,..... , .'., " , ,,' . " . , { '.. , , .- " . : " I, M';t.;R'I':NC'O.lJNT;Y "QFFl:Cl'At...ftE"CORDS ~"''5'" ,,':,j ,~~ ;/~ .'iJ i.",~:.~:j '.";, ,'}~ f nl~r,r'T,.l Dur n<:: ""'''''TV nt' UADYloJ 23142 rtECORDED AT n~QU2ST OF ARSl AM&lCAN TITLE 00. 25r/1T.L2-M1N. PAst(c::~ =:1~. P/,CE C. 197 r: Jill ~~ ~ 1l11itW I~ ~ b'hl Cst}. t:dll. h. 7.~ · ~ ~ Fa $~oro Ot-d<>,' f~o, f 1t.:Y'lWI No, LOiIIl N() 96 8li3 wor.2815 WHEN nEeDfWED MAIL TO, Victor P. Obnin8ky llnd Clnrn B. Obninoky 65 Reed Ranch r~ad Tiburon, California 23142 ,..,....roE "'/lOVE THIS LlHE I'OR nEconDEI'l"B V~E MAIL TAX STATEMENTS TLr: DOelMENl' AfN T'RAN'Sf'EFI TAX L.. 3 9 . 0 5 ~... Compvted on \he cono.lder..tlon or .._a at proporty eono/ovGd; on ._. Compu\:lld on m. CQn&lO.f.tIO\-, .". ......~..... ex encumbrllt'lOOO -.,,,,. ~... /~ ATCo c..c.-<'--L7~_ .- S"~"'t...-.r: ....n~ Of' "...." d"""Tu'nh'. tall - f'lr-m N,.,-no Sam.r; .!If.! above 38-381-08 &. 20 11-020 CORPORATION GRANT DEED Fan A v ALU;~BLE CONSIOE nATION. receipt of which i~ hcrtlby D:".knowledQr.d. PACIFIC LAND PROu~CTS, INC., a California Corporation ri cOl'J'><X8tion org<lnilr.<:! under the IIIIIIr.l ot the Sill!!:' of Califoxnia . doz hereby GRANT 10 VICT0n P. OBrlINSKY and CI.1\RA B. OBNINSKY, his wife, as C~i.{7~rty the r~l~j pr~rJerty in lJ"!l Cil'l of Tiburon CO<Jtlt'Yof t'l11rin . Stlltl!l ot California, dmcribed lOt D~SC1UPTrON l>.'I'TACTIED HERETO AND MADE A PART HEREOF' ThiD Deed is made and ~ccepted upon the covennnt5, conditions and reatric- tiofl!l set forth in the Declaration of Reatrictions C:lCecutod b..... Pacit1c Land ProjectB, Inc., a. California Co:r.poration, and recorded Bept~er 7, 1973 L."'l Book 2724 of Official Record6, at P~ge 344, ~~rin County fu~cordD. ~11 of v,hich are incorporated herein by r~ference to naid declaration \d th the fl1!Z'nit'! effect aa though fully set fortb h~roin. ()D10d__~e 30,~7~___, ~~~J.rJCJ.bNIlJRQ.1'.Ec.xLL.-IIlC. . a California Corpornt:lon -- /, \"'" /'~ / / ( r"---:--r-..... By _I], ~~~~===-_> t..---'. / ' r:::.IOMlt "-ATE Of CALIFORNIA ) C/.JNTY OF , lOll. .t?bt~#~._ ' I On._ ~ I, /y?r ~~. ~-::'--:~ .. Not...' "'oobIlc .... or-.:: I,.... eold SVff. ~"'-Iy w"H'~pf ~~-~~__. _1.tr:1..A.ltJJ...Ar:-__4~,l-jl1f.. /It ,___ ,/ 0... ~~ <.AJ---r:'f)J&:-,::-,rl::;-=-~ ~.t)' k_ In ......r !Yo ..... .______.. P'1'Ml<lotl1. IOnd }~ ~:;,e.t.~1~____.____ IoIno.:_1 ".... f'n4' \0 be \h<Cl ....._......_.. '......~__._._____...__ 1...,,-:,..,1/lI'y ~ "'"" ('.".t;.t~H'kJt'\ V\b1 ...*,v~..wJ tf,. l"'r1fh.1"l 'nc1r\~'l J'...., k~ ~-l'J m.t 10 flU' tr... r~" .-lih.O .".fll7AJ1'.... 0',", .,.Jt'.:t\ h'ti \.If1WliI'\t f)I'\ t.~f c').f tr,..~ ~8'V'QC't tn""",,n fmTI-'r';' .....d "~'ir It(~~~ Wi I'i\G ti'''Q~ ItoJd1 (t)IrI"';'HXlIn(Wl ""....';U~ tt..., Wo' p.,., l.f'fOH\.If"'....-f\:t r-unufl"tf to II! lty,l".,..' Ot . r<<>ohJlJ<><, 01 I\~ !)-OoU"rl " tJI'\1(hl"l "-'1 'Ml'NH:., >-.d IN! "'!p.""',e If .I? L___... .;'><.'tlY1l.!__'( Ii. ~.U JUI r~' '. OF"'ICtAL tlEAL t Ii...";," JAN~ ~USSELl 1 ' ~'t'..., 1lIlO1AJl'V, \/l,IllC . CJlJ.I'OftI1lI1 f ~.~).~ """HoC'''''1- ""tC! n: \ J ~:j,P IiLUrlN t:O'~N'1'Y 1 _~y COl'nmlt~on ll;,i::; Lh!:~ ~,19n J .........~ / MARiil'NCGt.JNT':"Y.. .:(U.m:::Xl:CTA.l :J!~p,r.mI)J\,t: i' n C) :5 20006 . ) f " ,..". c ,( ~-aL. ~ P1W.mrI_~4>>"~_.___~ _,_...A-':_~_ _ _, ,. ~~. .~. ._...,: , . , .',:. ~ -. - ~ - OEseRI PTI Of~ "'11 th~t cert<!)n Rf.'al Property situate in the City of Tiburon, County of Karin, StlJte of Callforrda. clescrll.>ed as follows: PARe EL ONE: LOT 8. i!~ ShOWTl upon that certain map entitled, "1-\ap of ParadisE: Es-utes", filed fOi :-ecord f\ugust 10. 1973 in Volwne 15 oJ Kaps, at Page 78. Marin COl1n'ty Records. PARCEL TlJO: BEGIHHIHG at the most Noy-therly COrner of Lot 7, as shown upon that certain map enti tled, ""'.aD of Paradise Estates". filE:d for record August 10, 1973 in VolLJne 15 of ~ps. ~t Page 78, ~rin County Records; thence a-long the Easterly line of said Lot 7t South 132.0.0 feet to the Northerly line of the lOfC{Jt sa.nitary sewer ea5ement crossi.ng said Lot 7; thence ledYin9 ~aid Easterly line, North 330 00. 16- ~st 100.06 feet to the Northerly1ine of said Lot 7; thence along said Northerly line, on a curve to the rightt whose center bea~'$ South 45009' 20" East 270 feet. an arc distance of 72.91 feet to the point of beg1nning. P~rcel One and fJrcel Tn-a ob;:)'.2 describ-ed, also being shown as Lot 8 on that certain li'\..3p entitl(;~d. "Parcel ~oCP. Lands Df David C. Kathew~ Being a Lot Line Adjustment of Lot 7 and Lot 8 of "Paradise Estates Subdivisionw 15-P.M-78, Tiburon. ~..arin County,. California", file<1 for record June 5.1974 in Volume 10 of Parcel t<\aps, lit Pllge 19. ~.arin County Records. PARCEL 7}IREE: An undivided 1/1 th interest in Parcel A, as shown upon that ceitain [;,..Jpent1tled. "tJ.cP of PGradise statesM. fi"!ed for record August 10) 1973 in Voiume 15 of r.'~ p s, a t P age 7'2. ~J.G r i n Co U n t y e C 0 id s . I o ~..-' 20006 EXHIBIT "B" ~ ~~ .... '- \.... J\ ~ J "- ~ "l :" ~ t:: " i ,'- 01 ./ ./ "- ',- '''-''' ',,- ,.~..... ~ ;:;;~ -~ ~.,,~ 1?\' o n.~ "- " z o i G) Q ... 2 J: ~~~c: ~!~ :~i~ ~9 - 20006 I I ;:6 (,:1',) U;J ?U:x> :;0 G) I "'1 --.J ~ -< !1'::u:l :r: c;) 0 O:E <.::'.i 2: .'1 I I fj9- 2 boc6 L MARIN COUNTY OFFICIAL RECORDS I I " / "",- <'v ....,->'~ .$C:' , "'>'~, ~, <'s. ...,(1') ~, -. "'~_~~ /,,,,'~' ~c' -. /~" @i -:;'-~. ;'~ ~ J~ C?.? ~~6' ,>?-"~ rf ~fJ".~ <'.,.~"....\\ a'; ~<e:. ~ ' \~' \i '\ ~ ....." ' ~}.~ " \ \ '~~() '\ ~'~ ~ ~ );~ ,~ ...... ", l) \~ "'-" ,f,.,:!\. \'1 ~ ~ tt., l~t1 \!.\ " "~ ~ -'>1 ~f1 L.~ ~ R:) ,~ ~ .:J:..... " '" MARIN COUNTY OFFiCIAL R.ECOR.DS "'<I' . . tt9- 2 boO 6 ,1../ c:; R '7 H \,J, \ "-,.l "\ \~l ..\.IJ ~ ~. ... <It ~ ~ ~ ~ '- ~ ~ ,t\ ~\)~ ~~< ~~~ ~ffl~ ~ t1 .n; ~~ ~~~ ~~" ~ );i'~ t'- " ~~ "'i~ ~* t' to- ~ ~ \11 t:,~ ~ ~~ ~ ~ ~ ~ ~ *' ~ " f'.. \>or ~ ~ '" ~ ~ ~ ~ ~ ~~ ~~ \4.) . UJ~~ ~ 1:j (, \; ~ ( r: ~ \ ~ r ~: "': "- ~ (' " ,: .. -'-'/ .~ \ .~ \"'>... '''-J .~ ~ ~\ \ -' ~",-- '~~ -'-:_:;'" -. :L" -, 0 ~ -- \-' -- " . \ ~ ~-' ~":""",,,.,.r~ __ _ . \ ,_' ___ \ . ..a,.. p:4i:'L'::;,:::J1:P, " .~ ", ~:, .'::~",- , . ;.:,~::;:.. ..-_ ,_ ~. ~~;...,.-:::<-;/,1 _. - _. ~~_~~~ __ ~ ~~t~;:----'- --'------~=-- .....:?i ~ . ~....~ 'C . . ~ '. \") ~._-- I ~ _ 164. ~.6 I IJ., ~~ ~ ~. .~ ~ ~~ ~ "~ ~ NC/~ 7".17' 1"'''.00 MARIN COUNTY OFFICIAL RE~CORDS tt9 - 2 boc6 I 10 ~ ".~ ~, ~ 01) ~ (\'- ( '-, ~ ~~ " " t'--. tJ\ ,~ ~ b<: ~ ":, .t!i ~., 'tt:" -G\ ~ .~ ;~ ~ ~ .'~ ~ :~ t\'~ ~ ~ . ,,\ t~\ t\'1 \' ~' ..., ::j ~ OJ ~ \: ," l~ ~ ~ ('..., n ~ ~... ~,~ ~t'- ~ '\,IJ ~ ~~\ '. " ~ "- \\ " ~ t~ ~.~t;'~~ t ~ " '- 't ~ f'~ ,~ ~ I' \)\" ~ ""' ~ 3l '" r...... '-..;...., ~~~~~ ~~~~ ,~ ~ \\:) ~ ~ <: ~ \t.. +-,~ 'J'\ k ~ \'\~ "' ~ "tt ~ ~ ~ ' :;;. ~~ \~ X ~ ~~ ~ '- ~ <b. "~ ~ '~ n, \j ,U\ .... ~ '--'. i ~) ,,'\, ~~.( ~ - ~ '~ ~ t~ " , <'\ ~ '; ~ \t.. (\'\ ~ ~ ~ " ~ tb ~, \J ~ ,II 'li "- ~ '("',,: "-~ I I RESOLUTION NO. 2520 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING METROPOLITAN TRANSPORTATION COMMISSION AS A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FOR CITIES AND COUNTIES WHEREAS, Chapter 250 of the Statutes of 1987 amends the Streets and Highways Code beginning at Section 2550 to provide that the Metropolitan Transportation Commission (MTC) may function as the Service Authority for Freeway Emergencies (SAFE) in any or all of the Counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin, Solano, Sonoma, Napa and the City and County of San Francisco, upon adoption of a resolution by MTC to act as a service authority and upon ratification of MTC's resolution in a particular county by the Board of Supervisors of the County and by the City Councils of the Cities within the County having a majority of the population of the Cities within the County; and WHEREAS, the SAFE would have the responsibility for implementing a freeway and highway emergency motorist aid system for emergency call boxes in those counties which agree to participate in the establishment of a SAFE, to be paid for with funds obtained by the SAFE pursuant to Streets and Highways Code Section 2553 and Vehicle Code Section 9250.10; and WHEREAS, MTC has adopted a resolution agreeing to function as the SAFE for the nine county Bay Area region and has requested ratification of its resolution by the Tiburon Town Council; and WHEREAS, the Tiburon Town Council finds that a freeway and highway emergency motorist aid system for call boxes would benefit motorists on freeways and highways in the County of Marin and Town of Tiburon and is needed to ensure the safety of motorists and reduce the time spent by law enforcement officers responding to routine vehicle disablements; and NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby ratifies MTC Resolution No. 1836 authorizing MTC to function as a Service Authority for Freeway Emergencies (SAFE) in the County of Marin, Town of Tiburon pursuant to Streets and Highways Code Section 2550 et seq; and BE IT FURTHER RESOLVED, that the Town of Tiburon authorizes the Metropolitan Transportation Commission, acting as a SAFE, to undertake any and all acts necessary to the implementation and operation of the SAFE, as provided by law. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Metropolitan Transportation Commission. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Shaw, Mayberry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson, Coxhead ATTEST: & R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2519 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT OF "YOU'VE GOT THE POWER. REGISTER AND VOTE" WEEK WHEREAS, one of the greatest challenges facing our society is to impart to our young people an appreciation for our democratic system of government, and WHEREAS, voting is the most meaningful form of popular participation in government's decision-making process and the foundation upon which democracy rests, and WHEREAS, on June 7, 1988 Californians will go to the polls to nominate candidates for President of the United States, as well as representatives to state, local and national levels of government, and WHEREAS, Secretary of State March Fong Eu and Superintendent of Public Instruction Bill Honig are sponsoring "YOU'VE GOT THE POWER. REGISTER AND VOTE" week in California's schools during the week of April 18-22, and WHEREAS, "YOU'VE GOT THE POWER" week will include activities to encourage students at all grade levels to discuss our democratic system and to participate in it by (1) registering to vote if they become 18 on or before election day, (2) pledging to register to vote once they become 18, and (3) registering their teachers, friends and family members to vote. WHEREAS, 1988 is only the 5th time in U. S. history that high school seniors will be able to cast a vote for President, and WHEREAS, voter turnout of 18-20 year olds is the lowest, of any age group, and WHEREAS, "YOU"VE GOT THE POWER" week will involve teachers, parents and students of all grade levels in activities to encourage understanding and appreciation of the underlying ideals and principles of a free and democratic society; NOW, THEREFORE, BE IT RESOLVED that the week of April 18-22 be designated as "YOU'VE GOT TEE POWER. REGISTER AND VOTE!" week in California's schools, and BE IT FURTHER RESOLVED, that the Town Council endorses "YOU'VE GOT THE POWER. REGISTER AND VOTE!" week and encourages all school officials, election officials, parents, teachers and students to participate in "YOU'VE GOT THE POWER. REGISTER AND VOTE!" activities. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Shaw, Mayberry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson, Coxhead ;~\ //. '''. r J I j , --- /1 , / "/: ./ , ,. \_~. / / ~(j./U/''-t.c~ AN MAYBER , VIC MAYOR Town of Tib on ATTEST: R. GER/CLERK RESOLUTION NO. 2518 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ANNOUNCING THE INITIATION OF PROCEEDINGS TO AMEND THE GENERAL PLAN AND ZONING ORDINANCE WHEREAS, the Town Council has determined that it is necessary and desirable to revise and amend the Town's General Plan; and WHEREAS, upon adoption of a revised General Plan, it will be necessary to revise and amend the Town's zoning ordinance; WHEREAS, the Town has hired a consultant to prepare the revisions to the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. The Town of Tiburon has initiated formal proceedings to amend the Town's General Plan and zoning ordinance. 2. Upon adoption, the Town Clerk is directed to cause a true and correct copy of this resolution to be published one time in a newspaper of general circulation in the Town of Tiburon. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on March 24, 1988, by the following vote: AYES: COUNCILMEMBERS: Coxhead, Duke, Wilson, Mayberry, Shaw NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~L (,~) /) ; / I ~ /, ~~L_~ '. S ONE D. COXHEAD, MAYOR Town of Tiburon ATTE~~ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2517 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF THE APPLICATION OF RC HOLDINGS, INC. FOR A DEVELOPMENT AGREEMENT WHEREAS, Government Code sections 65864-65869.15 authorize cities and counties to enter into binding development agree- ments with persons having legal or equitable interests in real property, for the development of such property, and authorize the establishment of procedures for consideration of applica- tions for such agreements; and WHEREAS, RC Holdings, Inc. has requested that the town adopt procedures for the processing of its application for a development agreement for the Tiburon Highlands development; NOW, THEREFORE, BE IT RESOLVED that: 1. The procedures and requirements for the consideration of development agreements as set forth in Exhibit "A" attached to this resolution are adopted for use in processing the application of RC Holdings, Inc. for a development agreement; and 2. The Planning Director is instructed to prepare and adopt such application forms, check lists and other documents as are deemed necessary to implement these procedures and requirements. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on March 24, 1988, by the following vote: AYES: COUNCILMEMBERS: Wilson, Shaw, Mayberry, Duke, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OM ~C, ~L~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST/;//;/d ~ R. L!::~Z~AGER/CLERK REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF APPLICATION OF RC HOLDINGS, INC. FOR DEVELOPMENT AGREEMENT ARTICLE 1. APPLICATION. Section 101. Authoritv for Adontion. These regulations are adopted under the authority of Government Code ~~65864-65869.5 Section 102. Forms and Information. (a) The Planning Director (Director) shall prescribe the form for the application. (b) The Director may require applicant RC Holdings, Inc. (applicant) to submit such information and supporting data as may be deemed necessary to process the application. Section 103. Fees. The Town Council (Council) shall by separate action fix the fees for the filing and processing of the application. Section 104. Qualification of Annlicant. Only the person who has legal or equitable interest in the real property which is the subject of the development agreement may file an application to enter into a development agreement. Applicant includes authorized agent. The Director may require the applicant to submit proof of applicant's interest in the real property and of the authority of the agent to act for the applicant. Before processing the applica- tion, the Director shall obtain the opinion of the Town Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. Section 105. Pronosed Form of Aqreement. The application shall be accompanied by the form of development agreement proposed by the applicant. ARTICLE 2. NOTICES AND HEARING. Section 201. Dutv to Give Notice. The Director shall give notice of intention to consider adoption of the development agreement ~nd of any other public hearing required by law or these regulations. Section 202. Requirements for Form and Time of Notice of Intention to Consider Adontion of Development Aqreement. (a) Form of Notice. The form of the notice of intention to consider adoption of the development agreement shall contain: EXHIBIT "A" - page 1 (1) The time and place of hearing; (2) A general explanation of the matter to be consi- dered, including a general description of the area affected; and (3) Other information required by specific provision of these regulations or which the Director considers necessary or desirable. (b) Time and Manner of Notice. The time and manner of giving notice is by: (1) Publication: Publication of notice at least 10 days prior to the hearing, at least once in a newspaper of general circulation, published and circulated in the Town of Tiburon or, if there is none, posting in at least three public places in the Town. (2) Mailinq: Mailing of the notice at least 10 days prior to the hearing to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the Director may, as an alternative, provide notice in the manner set forth in ~65090 of the Government Code. Notice shall also be mailed at least 10 days prior to the hearing to the applicant, or applicant's agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (c) Declaration of Existinq Law. The notice requirements referred to in subsections (a) and (b) are declaratory of existing law (Government Code ~65867 and ~~65090 and 65091 as incorporated by reference). If state law prescribes a different notice require- ment, notice shall be given in that manner. section 203. Failure to Receive Notice. The failure of any person entitled to notice required by law or these regulations does not affect the authority of the Town of Tiburon (Town) to enter into a development agreement. section 204. Rules Governinq Conduct of Hearinq. Unless specified otherwise herein, the public hearing shall be conducted EXHIBIT "A" - page 2 in accordance with the procedural standards adopted under Govern- ment Code ~65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. section 205. Irreqularity in Proceedinqs. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to a petition, application, notice, finding, record, hearing, report, recommenda- tion, or any matters of procedure whatever unless after an exami- nation of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. ARTICLE 3. HEARINGS. FINDINGS. AND DECISION. section 301. Hearinq by Planninq Commission. The Planning commission (Commission) shall hold a public hearing to consider the application for development agreement and may make recommendations to the Council concerning such application. section 302. Hearinq and Decision bY Council. (a) The Council shall hold a public hearing on the applica- tion for development agreement. (b) After the Council completes the public hearing, it may accept, modify, or disapprove the recommendations of the Commis- sion, if any. It may, but need not, refer matters not previously considered by the Commission during its hearing back to the Commission for consideration. The Commission may, but need not, hold a public hearing on matters referred back to it by the Council. (c) The Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. section 303. Approval of Development Aqreement. If the Council approves the development agreement, it shall do so by the adoption of an ordinance. EXHIBIT "A" - page 3 After the ordinance approving the development agreement takes effect, the Town may enter into the agreement. ARTICLE 4. AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT. section 401. Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. section 402. Procedure. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (ARTICLES 1 through 3). However, where the Town initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 30 days in advance of the giving of notice of intention to consider the amendment or cancellation required by section 202. ARTICLE 5. RECORDATION. section 501. Recordation of Development Aqreement. Amendment or Cancellation. (a) within 10 days after the Town enters into the development agrement, the Town Clerk shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code ~65868, or if the Town terminates or modifies the agreement as provided in Government Code ~65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the Town Clerk shall have notice of such action recorded with the County Recorder within 15 days of final action by the Town. ARTICLE 6. PERIODIC REVIEW. section 601. Time for Initiation of Review. The Town shall review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the follow- ing ways: EXHIBIT "A" - page 4 (1) Recommendation of the planning staff; (2) Affirmative vote of at least a majority of the members of the Commission; (3) Affirmative vote of at least a majority of the members of the Council. section 602. Notice of Periodic Review. The Director shall begin the review proceeding by giving notice to the property owner that the Town intends to undertake a periodic review of the development agreement. The Director shall give the notice at least 10 days in advance of the time in which the matter will be con- sidered by the Council. section 603. Public Hearinq. The Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. section 604. Findinqs Upon Public Hearinq. The Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. section 605. Procedure Upon Findinqs. (a) If the Town finds and determines on the basis of substan- tial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. (b) If the Town finds and determines on the basis of substan- tial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Town may modify or terminate the agree- ment. ARTICLE 7. MODIFICATION OR TERMINATION. section 701. Proceedinqs Upon Modification or Termination. If, upon a .finding under section 605 (b), the Town determines to proceed with modification or termination of the agreement, the Town, at least 10 days prior to the hearing, shall give notice to the property owner of its intention to do so. The notice shall contain: (1) The time and place of the hearing; (2) A statement as to whether or not the Town proposes to terminate or to modify the development agreement; EXHIBIT nAn - page 5 (3) Other information which the Town considers necessary to inform the property owner of the nature of the proceed- ing. section 702. Hearinq on Modification or Termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Council may refer the matter to the Commission for report and recommendation. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the Town. The decision of the Council is final. EXHIBIT "A" - page 6 RESOLUTION NO. 2516 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RECOMMENDING TO THE MARIN COUNTY BOARD OF SUPERVISORS MEMBERSHIP OF A TRANSPORTATION AUTHORITY WHEREAS, the Marin County Mayors and Councilmembers requested the Board of Supervisors establish a Transportation Expenditure Plan Committee to develop a transportation plan and assess support for a transportation sales tax, and WHEREAS, the Marin County Board of Supervisors established a Transportation Expenditure Plan Committee including representatives from the County, each City and Town, transit and community interest groups, and WHEREAS, the existing sales tax enabling legislation requires the designation of a transportation authority by the Board of Supervisors to place a tax proposal before the voters, and WHEREAS, the Transportation Authority can be the Metropolitan Transportation Commission or a new entity composed entirely of elected officials from local governments CHOSEN by the Board of Supervisors with the concurrence of a majority of the cities having a majority of the population in the incorporated areas, and WHEREAS, the Transportation Expenditure Plan Committee recommends the creation of a new authority with 7 members, including 1 member from the Board of Supervisors, 1 member from the Novato City Council, 1 member from the San Rafael City Council, and 4 members selected by the Marin County Council of Mayors and Councilmembers from their membership with no City having more than 1 representative. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon endorses the creation of a new seven member Transportation Authority as recommended by the Transportation Expenditure Committee. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 16, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Coxhead NOES: COUNCILMEMBERS: Shaw, Duke ABSENT: COUNCILMEMBERS: None n /.~. Q (2L~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: R~~AGER/CLERK RESOLUTION NO. 2515 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT OF COOPERATION BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURON FOR THE PURPOSE OF ISSUING MORTGAGE CREDIT CERTIFICATES WITH RESPECT TO PROPERTY WITHIN THE TOWN AND AUTHORIZING THE EXECUTION THEREOF BE IT RESOLVED by the Town Council of the Town of Tiburon that this Town make and enter into an Agreement of Cooperation with the County of Marin for the purpose of issuing Mortgage Credit Certificates with respect to property within the Town; such Agreement of Cooperation to be in form this day presented to the Town Council, and the Mayor is hereby authorized to execute such Agreement of Cooperation on behalf of the Town and the Town Clerk is authorized to attest the Mayor's signature thereto and to affix thereto the seal of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 2, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shaw STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2514 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1988-89 WHEREAS, the Transportation Development Act of 1971 provides for the disbursement of funds from the Local Transportation Fund of the County of Marin for use by eligible claimants for the purpose of supporting pedestrian and bicycle projects, and WHEREAS, pursuant to the rules and regulations that have been adopted by the Secretary of the Business and Transportation Agency of mentioned legislation, an eligible claimant wishing to receive an allocation from the Local Transportation Fund shall file its application with the appropriate transportation planning agency, and WHEREAS, funds from the Local Transportation Fund will be required to facilitate the construction of pedestrian and bicycle facilities; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Marin hereby approves a priority list of projects for 1988-89 attached hereto as Exhibit "A" and authorizes the submittal of a claim in the amount of $60,500 to the Metropolitan Transportation Commission pursuant to the Transportation Commission pursuant to the Transportation Development Act of 1971, as amended, and BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Metropolitan Transportation Commission in conjunction with the filing of the claim, and the Metropolitan Transportation Commission be requested to concur in these findings and grant the allocations of funds as specified herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 2, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shaw ()L ~, GltLe STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: MANAGER/CLERK . .. .'~', ,.. nm c:uX -i n -i -' ""0 0 0 0 ....(1) ~ C ~ ~ -e,:::s :::s :::s :::s 00. rt ., .... 0 '< 0 ::Srt ...., ...., ....C 0 AI ., " ...., -i (I) c:u .... -t .... X 0" "0" ., AI C AI,< ~ ., d -e, .... -e, -i X ::s ::s ....0 n~ -t ::s ., n c:u O(n ::s ::s C &n rt CT to 3: ::0 - " OJ -g ., '-'. .... c:u (I) -e, c:u ...... 0(1) n ., t.Q ., ri' AI ,," -' n '< .... .... 0 ::r n rt rt n ::s oa~~ ,,(I)c:u C ...... ::s c:u .... " -<g-rt (l)rt (I) > AI -i '< (I) ., (n .... < 0 < -' .... 0 -'rtO .... ::0 (I) CTn(n '-' . ~.,::s n(n 0 , CoCO (I) (I) c:u C ....a::::s " n (X) .... c ~ &n::::s rt "'D 7'1;" ::::SC:U rt ,AI(I) n (I) ('l) ('l)::::S('l)(n (X)::s< ;:0 bl ~. 0.. ~ n ~ ,"0 ........ ('l) ~ V) ('l) OJri'C co-' z Rg .... ton ;: o' r ""0 .... Q t.Q "' J.~i n .... ::s ., . o..::s 0 ",0 .... .... . o .... (I) c:: r:.... ::s l)J "'0 "toO :z t.Q :::s AI" .... rt -t eDCT ~ ",0 "' -< -I. E ::r '<'~ 1: n ~ -..- ~ ., ..... ,-Or+ 1r """ ..... ~. ..... .... ~ .."eD, to ::s AI "n \Q '< "'> (n lit., .... r+ lQ .... ::s n .... -'" ::s eD t.Q ........ w 3 c:u ., .,... ~ ...... w .... m .... <:) U1 U1 (n n ::s .. .. .. ",0 lQ <:) <:) U1 ......" <:) 0 0 3rt 0" 0 0 0 c:u '< . . . r+ <:) 0 <:) CD <:) 0 0 ,.. RESOLUTION NO. 2513 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING TWO HOUR PARKING AT THE POINT TIBURON/BEACH ROAD TENNIS COURTS PARKING LOT BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Two (2) hour parking area in the parking lot adjacent to the Town's tennis courts located at Beach Road in the Point Tiburon subdivision shall be in effect any day between 6 A.M. and 6 P.M. The two (2) hour parking area shall be governed by Tiburon Town Ordinance No. 55. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 3, 1988 by the following vote: AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shaw iJ!- ~t44 STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: R. L~~ER/CLERK RESOLUTION NO. 2512 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DEFINING CURB MARKINGS TO INDICATE PARKING REGULATIONS BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 55-12-1 of the Uniform Traffic Ordinance is amended to read: "A. Yellow shall mean no stopping, standing or parking at any time between 7:00 A.M. and 6:00 P.M. of any day for the purpose other than the loading and unloading of passengers or materials shall not consume more than twenty (20) minutes." PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 2, 1988, by the following vote: AYES: COUNCILMEMBERS: Duke, Wilson, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shaw f7-h- I} ~~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: ~~ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2511 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING ITS CONGRATULATIONS TO ANTHONY FRANK AS POSTMASTER GENERAL OF THE UNITED STATES WHEREAS, Anthony Frank has served as Chairman of the Board and Chief Executive Officer of First Nationwide Bank in San Francisco, and WHEREAS, Anthony Frank has achieved considerable recognition during his distinguished career both as a corporate and civic leader, and WHEREAS, the Marin Community and entire Bay Area has benefited from Anthony Frank's personal commitment and substantial contribution of time, personnel and funding towards the creation of affordable housing as an active member of Innovative Housing and the National Task Force for Affordable Housing, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby extend its sincere congratulations to Anthony Frank upon the occasion of his appointment as the 69th Postmaster General of the United States, and BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon, on behalf of its citizens, expresses its best wishes to Anthony Frank and to his wife Gay for much success and happiness in Washington, D.C. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 17, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw, Coxhead COUNCILMEMBERS: None COUNCILMEMBERS: Duke NOES: ABSENT: n J- .a. E41 &J.~ STONE D. COXHEAD, MAYOR MANAGER/CLERK RESOLUTION 2510 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE FIVE YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1988-89 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 has approved procedures for the Federal Aid Urban 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 January 13, 1988 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 beginning FY 1988-89 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 February 17, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke ()~ ~.~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK EXHIBIT "A" FIVE-YEAR MARIN COUNTY FAU PROGRAM BEGINNING 1988-1989 PROJECTS PROGRAMMED FOR FUNDING SPONSOR/PARTICIPANT County 0 f Ma ri n Tiburon County of Marin/ Fa i rfax County of Marin County of Marin Golden Gate Bridge Highway and Transpor- tation District Novato Golden Gate Bridge Highway and Transpor- tation District Novato County of Marin/ San Ra fae 1 San Ra fae 1 Golden Gate Bridge Highway and Transpor- tation District gk-9 PROJECT Tennessee Valley Rd. (Main to Shoreline) Tiburon Blvd. Downtown, Phase II Sir Francis Drake Blvd. (from 800 ft. t west 0 f Fa i rfax City Limits to 01ema Rd.) Sir Francis Drake Blvd. Signal Improvements Redwood Hwy. Frontage Rd./ Seminary Dr. Intersection Improvements San Rafael Park & Ride S. Novato Blvd., Phase II Bus Stop and Street Improvements S. Novato Blvd., Phase I E. Sir Francis Drake Blvd/ Andersen Drive Intersection Improvements Downtown Traffic Signal System Ferry Terminal Improvements ESTIMATED PROGRAM FAU FUNDS YEAR 814,000 88/89 537 ,000 88/8~ 438,000 88/89 402,000 88/89 134,000 88/89 100,000 89/90 S76,OOO 90/91 329,000 91/g2 816,000 91/92 282,000 92/93 577,000 92/93 282,000 92/93 RESOLUTION NO. 2509 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON WELCOMING PASTOR ROBERT J. BROHM TO SHEPHERD OF THE HILLS LUTHERAN CHURCH WHEREAS, Shepherd of the Hills Lutheran Church was founded in 1961, and celebrated its first service at the Tiburon peninsula Club, and WHEREAS, a church was built and dedicated on Trestle Glen in 1962 and has been faithfully served by five pastors, and WHEREAS, the congregation, Bishop Lyle Miller and local pastors will participate in the installation proceedings for Robert J. Brohm on February 7, 1988, and WHEREAS, Pastor Brohm has served the Lutheran community since his ordination from Concordia Theological Seminary in St. Louis, and WHEREAS, the Town of Tiburon recognizes the many outstanding contributions by the Shepherd of the Hills Lutheran Church to the Tiburon Peninsula community, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby extend to Rev. Robert J. Brohm and his wife Lynette Tiburon's sincere support and welcome to our community. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 3, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Shaw, Mayberry, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shaw ()/,.~ JI. e:jLf: STONE D. COXHEAD, MAYOR Town of Tiburon :~T:~~LERK RESOLUTION NO. 2508 A RESOLUTION OF THE TIBURON TOWN COUNCIL APPROVING MODIFICATIONS TO THE PERINI MASTER PLAN AND THE PERINI PHASE II PRECISE PLAN AND VESTING TENTATIVE MAP Section 1. Findings Part I -- General. 1.A. Applicant, Perini Land and Development Company, has heretofore submitted a Master Plan to develop a parcel of 51.7 acres of land bordering Reed Ranch Road and the Belveron Subdivision in the Town of Tiburon. The Master Plan was approved by the Town Council in Ordinance No. 297 N.S., adopted on January 7, 1985. 1.B. Applicant has also submitted an application for modification of certain conditions of approval with respect to the Master Plan. That application has been approved by adoption of Ordinance No. 328 N.S. 1.C. The Town of Tiburon agreed, at applicant's request, to consider the Precise Plans and Subdivision Maps for the project on a phased basis. A Precise Plan and Tenta- tive Map for the first phase, designated as the area to be served by driveways and an access road off Reed Ranch Road, was approved for 13 residential parcels on August 21, 1985. Applicant's present application for a Precise Plan and Vesting Tentative Map for the second phase (Phase II) is for the area to be served by access off Trestle Glen Boulevard, and the conditions of approval of the Master Plan, as modified, will permit a maximum density of 22 residential parcels. The findings and conditions herein relate to Phase II. 1.0. Applicant has submitted a Precise Plan and Vesting Tentative Map for Phase II proposing the development of 22 residential parcels. The Precise Plan is described as follows: 1. Maps identified as: a) Vesting Tentative Map (Phase 2) dated 9/28/87, prepared by Schwartz-Waag Associates, Inc. (revised 10/21/87 and 11/5/87); b) Precise Plan/Building Envelope Plan dated 9/28/87, prepared by Backen, Arrigoni, and Ross; c) Prototype Driveway Plan and Profile for Perini Phase 2, dated 11/5/87 prepared Schwartz-Waag Associates, Inc. 2. Written documents identified as: a) Geotechnical Investigation for Phase II prepared by Har1an-Miller-Tait Associates, dated September 19, 1985. b) Supplement to Geotechnical Investigation for Phase II prepared by Harlan-Miller-Tait Associates, dated October 27, 1987. F. The Vesting Tentative Map is identified as follows: Map entitled Precise Plan/Vesting Tentative Map (Phase 2) dated 9/28/87 and revised 10/21/87 and 11/5/87 (also included as a part of the Precise Plan). I.E. The Planning Commission held duly noticed public hearings on October 28, 1987, and November 12, 1987, for the purpose of reviewing the applications for a Precise Plan and Vesting Tentative Map for Phase II and receiving comments and 2 recommendations from the public. The Planning Commission recommended denial of the applications. Part II -- Need for Additional or Supplemental EIR. 2.A. An Environmental Impact Report (EIR) was prepared in connection with approval of the Master Plan and was reviewed by the Planning Commission and certified by the Town Council on September 5, 1984. Since certification of the EIR, a detailed Geotechnical Investigation for Phase II has been prepared by Harlant-Miller-Tait Associates, dated September 19, 1985, as well as a Supplement to such Geo- technical Investigation, dated October 27, 1987. The Geotechnical Investigation and the Supplement thereto have been added as an addendum to the EIR in accordance with Section 15164 of the CEQA Guidelines (Title 14 of the California Administrative Code). The EIR, including the addendum, have been considered by the Town Council in making a decision on these applications. 2.B. Phase II as proposed by applicant is substantially similar to the project reviewed in the EIR. The EIR studied a proposed project of 37 residential lots, whereas the entire builtout project, if Phase II is approved as proposed, will contain only 35 lots. In addition, the lots in proposed Phase II are substantially similar with respect to configu- ration and size as the lots studied in the EIR. Any changes in the proposed project from that which was studied in the 3 EIR are minor and will not require any major revisions to the EIR. 2.C. Planning staff and the Town Council have studied the EIR and applicant's applications for a Precise Plan and Vesting Tentative Map for Phase II and have determined that the EIR, including the addendum, adequately and substantially address all potential environmental impacts of the proposed Phase II development. There is no evidence that substantial changes have occurred with respect to the circumstances under which Phase II is being undertaken which require major revisions to the EIR, nor has any new information become available since the EIR was certified as complete which would require substantial revision of the EIR. Part III -- Environmental Impacts. 3.A. The EIR identifies eight (8) environmental effects of the project (as studied in the EIR) as significant adverse impacts. Upon review and consideration of the EIR and upon information in the applications presented by the applicant, and upon other information presented to the Council by the Planning staff and others, the Town Council hereby makes the following findings in accordance with Section 21081 of the California Public Resources Code and Sections 15091-15093 of the CEQA Guidelines: 3.B. Geotechnical Constraints. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential for damage 4 to property and injury to persons from landslide, ground shaking and soil erosion, which are identified in the EIR. In accordance with mitigation measures proposed in the EIR, the applicant has submitted a detailed geotechnical report, with an update, which documents have been made an addendum to the EIR. The geotechnical report and the conditions of approval proposed for Phase II incorporate mitigation measures proposed in the EIR which are adequate to mitigate substantially the significant adverse geological impacts identified in the EIR. These measures include extensive landslide repair and detailed erosion and drainage plans which must be submitted by applicant and approved by the Town Engineer prior to commencement of construction on the Phase II site. The EIR identifies adverse soils conditions on two or more lots in the Phase II area. The Town Council finds, based upon the EIR (including the addendum), that these significant adverse impacts can be substantially lessened through landslide and erosion repair work which has been proposed as conditions of approval to the project. The Town Council further finds that the mitigation measures recommended in the addendum and incorporated into the conditions of approval are feasible and will provide a comparable level of mitigation to the reduction or elimination of such lots. 5 Some level of increased risk of property damage and injury to persons living in Phase II as a result of landslide and other soils hazards may be unavoidable, even with the incorporation of the aforementioned mitigation measures. Taken together with the other unavoidable impacts identified herein, the cumulative level of unmitigated impact could be significant. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.C. Hydrology and Drainage. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential for damage to property and injury to persons from hydrologic and drainage conditions in and around the site of Phase II, which are identified in the EIR. The proposed conditions of approval for Phase II require that extensive on-site drainage improvements and erosion control work be undertaken in accordance with plans to be reviewed and approved by the Town Engineer. Applicant is also required to complete extensive off-site drainage improvements which, according to evidence presented by the Town Engineer, will adequately mitigate any threat to surrounding areas from increased runoff from the project and will also improve pre-existing drainage problems in the Belveron subdivision. These requirements substantially incorporate all of the mitigation measures proposed in the EIR with respect to drainage and hydrologic impacts and 6 reduce any significant adverse impacts caused by drainage and hydrology to insignificance. 3.D. Visual Impacts. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential visual impact of the project, which is identified in the EIR. The EIR specifies that the most significant adverse visual impacts of the project as studied in the EIR was in the western portion of the site and not in Phase II. It does not appear that visual impacts of Phase II were considered a significant adverse impact in the EIR. The proposed conditions of approval for Phase II nevertheless incorporate mitigation measures recommended in the EIR with respect to visual impacts, including a requirement that the applicant submit for approval to the Town a detailed landscaping plan and improvement plans. The Council finds, however, that it is infeasible to require that foundations on lots previously identified as Lots 29-32 in the EIR be limited to the 185 foot contour because such a height limitation would render such lots essentially unbuildable or unsalable by severely reducing, if not eliminating, the size of the building envelope. The Council further finds that design and placements of residences within the approved building envelopes on these lots, as well as all other lots in Phase II, can be addressed in design review so as to mitigate substantially any adverse visual impact. 7 Resolving the issue of visual impact on lots identified as Lots 29-32 in this manner is a feasible mitigation measure and will provide a comparable level of mitigation to the requirement that the foundation on such lots be limited to the 185 foot contour. Notwithstanding the mitigation measures incorporated into the project, some level of visual impact is unavoidable because any development will limit to some degree the amount of open space available on the site. Taken together with other unavoidable impacts identified in the EIR, the cumulative level of unmitigated adverse impact could be significant; while any such impact may have an adverse effect upon the general welfare, it would not constitute an adverse impact upon the public health or safety. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.E. Land Use and Community Characteristics. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the adverse impact on land use and community characteristics of the surrounding area, as identified in the EIR. The impacts identified in the EIR are mitigated to a considerable degree because nearly one-half of the original site owned by the applicant has been left undeveloped. Evidence that the proposed development is substantially similar to, though less dense than, most of the already- existing developments in the vicinity of Phase II also 8 suggests that the proposed development is compatible with neighboring areas. Applicant's improvement plans will be subject to Town review prior to commencement of construction. This will ensure that the Town reserves the ability to require that the rock outcrop in Phase II will be preserved. Some level of adverse impact is unavoidable because any construction on the site will convert open space to development. Taken together with the other unavoidable impacts identified in the EIR, the cumulative level of unmitigated adverse impact could be significant; while any such impact could adversely affect general welfare, it would not constitute an adverse impact on public healthy or safety. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.F. Traffic. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential for adverse impacts due to traffic increase caused by the development, which are identified in the EIR. Mitigation measures proposed in the EIR and incorporated in the conditions of approval for the applicant's applications for Phase II, including assessments for traffic into the Town's traffic mitigation fund and repair or restoration of damage caused by construction, substantially mitigate many of the identified impacts. The Town shall also 9 determine at a later date whether it shall add traffic signs and undertake street repairs as suggested in the EIR. Some level of traffic impact is unavoidable, however, since any development will increase traffic on Town streets. Taken together with other unavoidable impacts identified in the EIR, the cumulative unmitigated level of impact could be significant; while any such adverse impact could affect general welfare, it would not constitute an adverse impact upon public health or safety for the reasons set forth in this finding and in the EIR. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.G. Vegetation and Wildlife. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential adverse impact upon vegetation and wildlife. The EIR identifies the loss of plant and wildlife habitats from the site as a significant adverse impact. The Town Council finds that this impact is significantly mitigated by the fact that nearly one-half of the entire property (in both phases) is being left as open space. The proposed conditions of approval also require approval of a detailed landscaping plan and of a Declaration of Covenants, Conditions and Restrictions which can adequately provide for establishing and maintaining existing native species and vegetation. Access to the site during construction and buildout is also provided for in the proposed conditions of 10 approval. Council finds, however, that conducting a field survey and eradication plan, as suggested in certain mitigation measures proposed in the EIR, would be infeasible in that the Town hitherto has failed to implement such measures and undertake the necessary studies in connection with considering previous applications for development of the site, and that undertaking such actions at this time (after the first phase of development has been completed) would not achieve desirable results and would unduly delay development. In addition, the mitigation measures which have been incorporated into the conditions of approval will lessen to a considerable degree the impacts identified in the EIR. Some level of damage to existing vegetation and wildlife is inevitable whenever development occurs. Taken together with other unavoidable impacts identified in the EIR, the cumulative unmitigated adverse impact could be significant; however, while any such impact might adversely affect general welfare, it would not constitute an adverse impact upon public health or safety. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.H. Noise. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential damage to property and persons due to noise, which is identified in the EIR. In accordance with the recommendation of the EIR, the proposed conditions of approval limit construction activities 11 to between the hours of 8:00 a.m. and 5:00 p.m., except in special circumstances. This is more stringent than the recommendation made in the EIR, which suggested that construction be limited to between the hours of 8:00 a.m. and 6:00 p.m. The EIR nevertheless indicates that short-term noise levels resulting from construction activities could constitute a significant adverse impact of the project. Although these construction impacts are temporary, they are inevitable when any significant construction work is undertaken. These short-term impacts cannot be wholly mitigated; while these impacts could adversely affect the general welfare, they do not constitute an adverse impact upon public health or safety. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.1. Quality of Life Considerations. Changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce the potential for adverse effects of construction and development on the quality of life of persons living in the vicinity of Phase II. The project has been designed to assure to the extent reasonably possible the privacy of property owners in the Belveron subdivision. Based upon the building envelope plan provided in the Precise Plan, it appears that no house in Phase II could be built closer than 130 feet from any house 12 in Belveron, and nearly all houses in Phase II will be at least 200 feet from any house in Belveron. Privacy and distance considerations may also be resolved in design review to ensure that the privacy concerns of Belveron residents are adequately addressed. Proposed conditions of approval also will limit construction activities and require noise-muffling devices on construction machinery, which should further mitigate adverse quality of life impacts during construction. Since the property is being developed in clusters, with a significant portion of the land being left as open space, many of the most attractive features of the property will be left for continued community enjoyment. Some amount of adverse impact on the quality of life nevertheless may not be fully mitigated, because many people in neighborhoods surrounding the site would prefer to have the entire parcel be left as open space. Taken together with the other unavoidable impacts identified in the EIR, the cumulative unmitigated level of adverse impact upon quality of life could be significant; while these impacts could be an adverse affect upon general welfare, it does not constitute an adverse impact upon public health or safety. Therefore, this impact is addressed in Section 3.M. of this resolution. 3.J. Other Impacts. The EIR further identifies other potentially adverse impacts of the project, including impacts on energy conservation, archaeology and community services. 13 None of these impacts is identified as significant, and changes and mitigation measures have been incorporated into the Phase II project which avoid or substantially reduce any of these impacts which are identified in the EIR. 3.K. Alternative Projects. The Town Council has also considered the three project alternatives analyzed in the EIR, (i) the no project alternative, (ii) a modified project design which would create three clusters as shown in Figure 19 of the EIR, and (iii) a modified project design which would create multiple clusters, as shown in Figure 20 of the EIR. The Council finds that the no project alternative is infeasible and undesirable in that it would not permit the Town to resolve litigation between the Town and the applicant, and because it would not ensure the benefits to the community of completion of the drainage improvements in the Belveron subdivision and stabilization of soils on the Phase II site. The Council further finds that both of the project design alternatives are undesirable and infeasible because they are substantially incompatible with the development which has occurred on the western portion of the applicant's property and because they would not permit the Town to resolve the litigation between the Town and the applicant. In addition, the impacts which the project alternatives are designed to avoid can be reduced to a considerable degree by the mitigation measures which have 14 been incorporated into the conditions of approval for Phase II as proposed. 3.L. Feasibility of Mitigation and Alternatives. In considering the feasibility of mitigation measures and project alternatives proposed in the EIR, the Town Council has taken into account that California law limits the Town's ability to impose mitigation measures or project alternatives which have the effect of prohibiting development or reducing residential density, if other feasible mitigation measures are available. The Council finds that other mitigation measures are feasible and have been incorporated into the conditions of approval for Phase II which considerably reduce the adverse impacts identified in the EIR. 3.M. statement of Overriding Considerations. In accordance with Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, the Town Council hereby adopts a statement of overriding considerations with respect to each significant effect identified in the EIR which may not be substantially mitigated or reduced to insignificance as a result of the changes in the project and the mitigation measures incorporated as conditions of approval. The reasons for the Town Council's determination that the benefits of the proposed project outweigh the unavoidable adverse environmental effects such that the remaining environmental impacts are acceptable are as follows: 15 1. As part of its application for approval, applicant has agreed to complete substantial improvements to the drainage system for the Belveron watershed. The costs of these drainage improvements exceeds, or will exceed upon completion, $600,000. Applicant has undertaken this work as its sole obligation, without reimbursement, even though evidence indicates that runoff from development of both phases of the applicant's development will not be increased by more than 10%. The drainage improvements will correct a severe pre-existing problem in the Belveron subdivision. The drainage improvements thus constitute a significant benefit to the community which arises as a result of the approval of the application for development of Phase II. The Town Council further finds that applicant's obligation to complete such drainage improvements justifies wavier of the in-lieu housing fees and in-lieu park dedication fees, and such fees are hereby waived. 2. Information presented by the Town Engineer and applicant's engineers indicates that development of Phase II, including the various landslide repair and erosion control work to be undertaken as part of such development, will stabilize soil conditions on the site and will make lots in the Belveron 16 subdivision safer. Such repairs and other erosion control work will also improve the drainage conditions in Belveron and will reduce the future cost to Town residents of maintaining drainage improvements. Such repairs and erosion control work will thus provide a significant benefit to the community. 3. Two lawsuits brought by applicant against the Town are pending. In each lawsuit applicant raises numerous issues in connection with initiative ordinance Measure C (Ordinance No. 317) which was adopted by the electorate and became effective on April 26, 1986. If the terms and conditions of the Stipulated Settlement in Perini Land and Development Company v. Town of Tiburon, Marin County Superior Court No. 129341 are met, approval of the applications will lead to dismissal of both lawsuits. These two cases, along with cases filed by four other developers involving challenges to initiative Measure C, have caused the Town to incur very substantial attorney's fees. The expenditure of these fees by the Town to defend Measure C has had a substantial adverse effect on the Town's financial status. Settlement of the applicant's suits will benefit the Town because of the substantial savings the Town will realize by 17 avoiding future attorney's fees which would otherwise result if the cases were to continue. 4. Under the terms of the purchase agreement by which applicant acquired the property from the Tamalpais Union High School District, the purchase price is to be increased by up to $50,000 for each lot greater than a total of 25 approved on the property, taking into account both phases. Therefore, approval of applicant's applications at the density requested will have a substantial and direct benefit to the school district in the form of additional revenue from applicant pursuant to the terms of such purchase agreement. Part IV -- Consistency with General Plan and Zoning. 4.A. The applicant has proposed a residential project which is substantially compatible with surrounding neighborhoods. Phase II, like the first phase of applicant's project, is a clustered development which leaves nearly one- half of the entire site as open space. Proposed lots are larger than those in surrounding areas, and the density of each phase of the project is substantially lower than the maximum density permitted under the zoning ordinance. 4.B. The EIR discusses in considerable detail the conformity of both phases of the project to the General Plan, as well as compatibility with the land use characteristics of surrounding areas. The EIR concludes that the project, as 18 studied in the EIR, was substantially consistent with all relevant objectives of the General Plan. The Planning Director has likewise studied the conformity of Phase II with the zoning ordinance and the General Plan, and his analysis and conclusions have been provided to the Town Council in the form of Staff Reports and in testimony at public hearings before the Council. 4.C. Based upon the information contained in the EIR and provided by the Planning Director, and upon other information submitted to the Town Council, the Council finds that Phase II, as proposed, substantially conforms with the provisions of the General Plan and zoning ordinance. Part V -- Consistency with Subdivision Map Act. S.A. The Council finds that the applicant's proposed vesting subdivision map is consistent with applicable requirements of the Town General Plan, for the reasons set forth in Part IV of this resolution. The design of and improvements in Phase II are also consistent the General Plan, and the proposed conditions of approval have left many aspects of the design and improvement plan to approval by the Town so as to ensure such consistency. S.B. The site of Phase II is physically suited for the type and density of development proposed by applicant. The area is designated as suitable to residential development under the Town's zoning ordinance, and nearly one-half of the 19 entire tract will remain as open space after development is completed. 5.C. For the reasons described in Part III of this resolution, the design of the project and the proposed improvements are not likely to cause substantial environmental damage or avoidable injury to fish or wildlife or their habitats. Environmental impact identified in the EIR can be mitigated to a considerable degree, and those which can not be fully avoided do not constitute adverse threats to public health or safety or severely reduce vegetation or wildlife habitats. 5.D. The design of the project and improvements proposed are not likely to cause serious public health problems, for the reasons described in Part III and Section 5.C of this resolution. 5.E. The design of the project and the type of improvements proposed by applicant will not conflict with easements, acquired by the public at large, for access through or use of the property proposed for development as Phase II. * * * Based upon the foregoing findings and all information gathered from the applications and the public hearings conducted in connection with the applications, the Council hereby approves the Precise Plan and Vesting Tentative Map for Phase II, subject to the conditions set forth in Section 20 2 hereinafter. The Council has considered approving a lesser number of lots than that proposed in the Precise Plan and Vesting Tentative Map, and finds that the 22 units proposed, subject to the conditions of approval herein, are appropriate for the site. Section 2. Approval NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby approve the Precise Plan and Vesting Tentative Map for Phase II of the Perini Subdivision, subject to the following terms and conditions and as modified herein: 1. The Council hereby approves the development of 22 residential building sites as shown on the map identified as Precise Plan/Building Envelope Plan, dated September 28, 1987, prepared by Backen, Arrigoni & Ross, and Anthony M. Guzzardo and Associates. 2. All requirements and conditions of the Master Plan are incorporated herein and, except to the extent that they may be specifically modified herein, all such requirements and conditions shall be met. 3. Applicant shall comply with all applicable subdivision regulations relating to the filing and recordation of a Final Subdivision Map. 4. Applicant shall satisfy the requirements of the Alto- Richardson Bay Fire District or the Tiburon Fire Protection District, whichever shall have ultimate 21 jurisdiction, as may be required by either such District. 5. All engineering requirements and standards including, but not limited to, drainage, erosion control, grading, soils, construction criteria and traffic, shall be subject to review and approval by the Town Engineer. Applicant shall complete all landslide repair and erosion control work recommended in the Geotechnical Investigation, Tiburon-Perini Project, Phase II area, dated September 19, 1985 and the supplement to such Geotechnical Investigation dated October 27, 1987. All drainage improvements and other facilities shown on the Vesting Tentative Map and Precise Plan are preliminary only and subject to final review and approval by the Town Engineer. In addition, all building permit applications in connection with construction of residences in Phase II shall require submission of a soils report for the lot. With respect to each lot in Phase II, no building permit shall be issued for any residence on such lot until the Town Engineer approves all necessary measures to ensure the stability of the soils and any structures to be built thereon. 6. Applicant shall submit improvement plans for the treatment of all retaining walls, if any, including proposed materials of construction, landscaping and any 22 other methods of softening the appearance of the retaining walls as well as such other items as the Town may later require for review and approval by the Board of Adjustments and Review. 7. The Declaration of Covenants, Conditions and Restrictions for the subdivision, together with all proposed deed and title restrictions, including scenic easements and offers of dedication shall be approved by the Town Attorney prior to recordation of the Final Map. The responsibility for maintenance of open space and drainage improvements shall be adequately delineated in the Declaration or by such other means as the Town Attorney may approve. 8. The building envelopes and lot contours, as shown on the final subdivision map, shall be attached to and made a part of the Declaration of Covenants, Conditions and Restrictions for the subdivision. 9. No building or grading permits shall be issued for the construction of any residential or accessory structures until they have first received site plan and architectural review and approval by the Town. 10. Building envelopes shall be left large to provide the Town's Board of Adjustments and Review with greater flexibility in applying appropriate design principles and policies to the proposed residences, and to ensure maximum compatibility with existing structures. The 23 design, location, and size of each proposed residence shall be the subject of hearings before the Board of Adjustments and Review, which shall give consideration to whether reasonable efforts have been made to minimize the adverse impacts of the proposed residence on adjoining residences and open space. The Board may require modification to the design, location and size of the proposed residence, where necessary, to minimize any such adverse impacts. 11. All buildings and structures shall be designed to conform to the maximum height limits set forth in the Tiburon zoning ordinance current as of the date applicant filed its application for approval. 12. No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved primary or secondary building envelopes, except driveways, retaining walls associated with driveways or which support driveways and decks. 13. Construction work shall be permitted Monday through Friday only and between the hours of 8:00 a.m. and 5:00 p.m. only unless specifically authorized in advance by the Town Manager in limited special circumstances. Noise generating equipment shall not be started before 7:30 a.m. 14. No construction equipment or material or excavation material shall be stored or stockpiled on Town open 24 space land. Construction activity in open space areas of the Perini parcel shall be limited to necessary slope and drainage improvements as approved by the Town Engineer. There shall be minimal intrusion on open space areas during construction. 15. Landscaping as identified on the final approved landscaping plan shall be maintained by the applicant for three (3) years from and after the date the landscaping has been installed. The Town shall inspect the landscaping at least annually during said period, and may require the applicant to make landscaping improvements to conform to the plan, as approved. A landscape maintenance agreement, which may be part of the Subdivision Improvement Agreement, shall be reviewed and approved by the Town Attorney and shall be bonded, or performance otherwise guaranteed to the Town's satisfaction, prior to the recordation of a final map. Landscaping on each lot shall be subject to review by the Board of Adjustment and Review, to the extent required by the zoning ordinance current as of the date applicant filed its application for approval. 16. The Town Engineer, by letter dated June 5, 1985 entitled "Belveron Watershed Drainage Mitigation Fund," specified certain drainage improvements which must be constructed as part of the development of both phases of the Perini property. In connection with development of Phase I, 25 Perini has completed all work described in Paragraphs 1 and 2.01, and a portion of the concrete-lined channel described in Paragraph 2.02 of said letter. As a condition for this approval in connection with development of Phase II, Perini shall complete all remaining work described in such letter dated June 5, 1985 which has not yet been completed, without reimbursement from any presently-developed, subdivided, undeveloped land or any Town of Tiburon owned land located within the watershed area. In addition, the existing culvert through the property at 57 Mercury Avenue shall be checked as to its ability to withstand a 100-year storm capacity with watershed developed as shown in the Precise Plan and its ability to withstand the pressure caused by increased runoff from the site. Applicant shall undertake any replacements or modification to such culvert which the Town Engineer determines to be necessary. No grading shall be commenced on the site until the Town Engineer has certified in writing that the improvements required in this condition either (i) are complete or (ii) are guaranteed and will be constructed prior to the commencement of increased runoff as a result of construction on the site. Any contract or other arrangement whereby completion of construction is 26 guaranteed pursuant to clause (ii) of the preceding sentence shall also be approved by the Town Attorney. 17. Except as provided below, applicant shall pay a housing fee in lieu of constructing 15% of the housing units in the Phase II project for the low/moderate income housing market. Such in-lieu fee is based upon 15% of the units approved in the project, as more specifically calculated in Exhibit "A" hereto, and shall be payable upon the recordation of the Final Map for Phase II. Anything above notwithstanding, however, the in-lieu fees shall be waived if, on the date the Final Map for Phase II is recorded, the drainage improvements required under Paragraph 16 hereinabove have been completed or applicant has guaranteed completion of such improvements to the satisfaction of the Town. 18. Fees in lieu of dedication of land for park and recreation purposes pursuant to Section 14-50 of the Tiburon Municipal Code, in the sum of $500 per residential unit, shall be payable upon the recordation of the Final Map for Phase II; provided, however, the in-lieu fees shall be waived if, on the date the Final Map for Phase II is recorded, the drainage improvements required under Paragraph 16 hereinabove have been completed or applicant has guaranteed completion of such improvements to the satisfaction of the Town. 27 19. street lights shall be provided as determined by the Town Engineer. 20. The width of the street shall be 30 feet from curb to curb from Trestle Glen to the common line between Lots 15 and 16, and from the rock outcrop at Lot 30 to the cul-de-sac. The remainder of the street shall be 26 feet wide with parking permitted only on one side. The number of on-street parking spaces shall be at least two per lot. 21. Lot coverage shall be limited to 30% of the total surface area of each lot. This limitation shall apply only with respect to coverage by covered buildings and structures, and not to driveways, patios, decks and similar improvements. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6, 1988 by the following vote: AYES: COUNCILMEMBER: Duke, Wilson, Shaw, Coxhead NOES: COUNCILMEMBER: Mayberry COUNCILMEMBER: None ABSENT: OLQ~~~ STONE D. COXHEAD, MAYOR ATTEST: Manager 28 RESOLUTION NO. 2508 EXHIBIT A IN-LIEU FEE CALCULATIONS The developer shall pay a housing fee in lieu of constructing 15% of the housing units in Phase II for low and moderate income housing. At minimum, the project sponsor should be required to pay in-lieu fees according to the Marin County formula currently used by the Town, as provided in Mitigation Measure #2 (page 8) of the Certified Final Environmental Impact Report (EIR). The actual amounts due will be calculated in detail and will be paid prior to the approval of the Final Subdivision Map. 29 E:PELQ.TIB:NEW-RESO.NO PELQ 9.162 1/7/88 RESOLUTION NO. 2507 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING 101 CORRIDOR COMMITTEE TO DELAY ACTION ON SELECTION OF ALTERNATIVES WHEREAS, the Marin County Council of Mayors and Councilmembers unanimously passed a motion at their meeting of November 18, 1987 to request the 101 Corridor Committee to delay action on selection of alternatives until a presentation can be made to the Marin County Council of Mayors and Councilmembers, and WHEREAS, said presentation is scheduled for January 28, 1988. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby requests the 101 Corridor Committee to delay action on selection of alternatives until a presentation can be made to the Marin County Council of Mayors and Councilmembers. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke QL2./ZU STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: ~~ R. L. KLE NERT, T MANAGER/CLERK RESOLUTION NO. 2506 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING ACTION OF THE SB 878 COMMITTEE WHEREAS, the Tiburon Town Council has reviewed the 101 Corridor Report alternatives and has discussed the SB 878 Committee process, and WHEREAS, the Town Council believes that the SB 878 efforts should not proceed in advance of the 101 Corridor Committee process and decisions, and WHEREAS, the Town Council believes that the criteria being used to evaluate projects should include transit criteria. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby requests the SB 878 Committee to: 1. Postpone the process until a decision is made by the 101 Corridor Committee, and 2. Expand the Committee to include jurisdictions in Sonoma County, and 3. Further develop criteria for evaluating projects to incorporate transit criteria. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw, Coxhead COUNCILMEMBERS: None COUNCILMEMBERS: Duke NOES: ABSENT: ()~ {l Q{~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: 1(iJit7 ' R. L. LEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2505 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING THE MUNICIPAL ELECTION TO BE HELD ON APRIL 12, 1988 WHEREAS, the Town Council of the Town of Tiburon has ordered an election for April 12, 1988, and WHEREAS, pursuant to Section 22003 of the Election 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 by the Town Council of the Town of Tiburon as follows: 1. That 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 April 12, 1988: 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 2. That the Clerk of said Body be and hereby is ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6, 1988 by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw, Coxhead COUNCILMEMBERS: None COUNCILMEMBERS: Duke NOES: ABSENT: n-lr- Q. f4~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: TOWN MANAGER/CLERK RESOLUTION NO. 2504 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON APRIL 12, 1988 FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election - Offices to be Filled. A general municipal election is hereby called and ordered to be held in the Town of Tiburon, State of California, on Tuesday, April 12, 1988, for the purpose of electing two Town Councilmembers, the terms of the incumbents of which are about to expire. Section 2. Registration to Close March 14, 1988. Registration for said election shall close on March 14, 1988; no persons registered after that date will be entitled to vote at said election. Section 3. Procuring and Filing Nomination Papers. Nomination papers may be procured from the Town Clerk and shall be filed with the Town Clerk no later than 5:00 P.M. of the sixty-eighth day before the election. Nomination papers may not be circulated prior to January 14, 1988 and must be filed no later than 5:00 P.M. on February 4, 1988. If an incumbent does not file for re-election to office by February 4, 1988, 5:00 P.M. the filing period for such office is extended until February 9, 1988, 5:00 P.M. for non-incumbent candidates only. Section 4. Town Clerk's Assistants. The Town Clerk shall procure all supplies and employ such assistants as may be necessary to properly and lawfully conduct said election. Section 5. Time when Polls Are Kept Open. At said election the polls shall be opened at 7:00 A.M. of the day of said election, and shall be kept open until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 22903 of the Election Code. Section 6. Canvass of Ballots by Council. The Council shall meet at its usual place of meeting on the first Tuesday next succeeding said election to canvass the returns and install newly elected officers. Section 7. Publishing Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the offices to be filled. PASSED AND ADOPTED at a regular meting of the Town Council of the Town of Tiburon on January 6, 1988, by the following vote: AYES: COUNCILMEMBERS: Wilson, Mayberry, Shaw, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke OL D. (2;L~~ STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: MANAGER/CLERK RECOP.D~D lJ FEC~:Y:ST CF AGENCY SHOWN Recording Requested by and When Recorded Return to: TOWN OF TIBURON 1155 Tiburon Blvd. Tiburon, CA 94920 lSG8 t\FR - 5 I~~N 8 00 co ex;) C,: r Ml.. R EIJ [: c~ tj}' ~ \ J j \ :V; t S ,}. }~:. (~C.! F: [j s~ Cl,!.lFORN'/; n... r"r. f.! ........, CJ'1 .::;;- No Fee GC8103 RESOLUTION NO. 2503 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CORRECTING RESOLUTION NO. 2466 WHEREAS, on August 5, 1987, the Town Council of the Town of Tiburon adopted Resolution No. 2466; and WHEREAS, said Resolution contained a typographical error in paragraph 1 thereof. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. Resolution No. 2466, adopted on August 5, 1987, is hereby amended to read as follows: "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 shot\Tn upon that certain map entitled "Map of Tiburon Shores Subdivision 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 (lithe 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 recorded 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 88 1751'. WHEREAS, California streets and Highways Code oi vision 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 right-of-way for roadway and utility 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 recorda- tion 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." 2. The Town Clerk shall forthwith record a certified copy of this Resolution in the Office of the Marin County Recorder. PASSED AND ADOPTED at a regular meeting Council of the Town of Tiburon on January 6, following vote: of the Town 1988, by the AYES: COUNCILMEMBERS: Mayberry, Shaw, Wilson and Mayer Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Duke OLD. at . Q. STONE D. COXHEAD, MAYOR Town of Tiburon ATTEST: .', .', -- R. L. KLEINERT, T MANAGER/CLERK