HomeMy WebLinkAboutTC Res 1989 (January thru April)
RESOLUTION NO. 2592
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
APPLICATION FOR AMENDMENT TO THE AGINS PRECISE PLAN
BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. Findings.
A. Donald and Bonnie Agins heretofore submitted a
Master Plan to develop a parcel of approximately 5.1 acres
of land bordering Gilmartin Drive in the Town of Tiburon.
The Master Plan was approved by the Town Council in
Ordinance No. 245 N.S., adopted on June 17, 1981, and was
subsequently amended by the Town Council in Ordinance No.
273 N.S., adopted on August 3, 1983. An application has now
also been submitted for an amendment to certain conditions
of approval in the Master Plan, and the Planning Commission
has recommended that such application be approved by the
Town Council.
B. In connection with approval of Ordinance No. 245
N.S., Donald and Bonnie Agins also submitted an application
to subdivide their property into 3 lots. That application
and a Precise Plan and Tentative Map for the Agins
subdivision was approved by the Town Council on November 18,
1981, by adoption of Resolution No. 1186, and was modified
by the Town Council on August 3, 1983, by adoption of
Resolution No. 2154. One lot in the Agins subdivision has
since been sold and transferred to Real ESTECH, Inc., and
Donald and Bonnie Agins have submitted an application to
subdivide the remaining lots in the subdivision in
accordance with a Vesting Tentative Map and Precise Plan,
which the Planning Commission has recommended for approval
by the Town Council and which the Town Council has approved.
C. Donald and Bonnie Agins, at the request and with
the consent of Real ESTECH, Inc., have now submitted an
application requesting certain modifications to conditions
of approval with respect to the Precise Plan which was
approved in Resolution No. 1186 and modified in Resolution
No. 2154. The effect of such modification would be to
remove the building restriction described in Paragraph l(i)
of Section 2 in Resolution No. 1186, as pertains to the lot
identified as parcel #2 on such Precise Plan and on the
Parcel Map approved in such resolution.
D. An Environmental Impact Report (EIR) was prepared
in November of 1980 for the Agins and Del Madera
developments, and such EIR was carefully reviewed by the
Planning Commission and the Town Council and certified by
the Town. The development proposed in the Precise Plan, as
subsequently amended and with the modifications proposed in
the present application, is substantially the same project
as was reviewed in the EIR. Any changes in the proposed
project (including the modification to the Precise Plan
proposed in the present application) from that which was
studied in the EIR are minor and will not require any major
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revisions to the EIR. Planning staff, the Planning
Commission and the Town Council have studied the EIR and the
present application for modification of the Precise Plan and
have determined that the EIR adequately and substantially
addresses all potential environmental impacts of the
modification to the Precise Plan presently proposed. There
is no evidence that substantial changes have occurred with
respect to the circumstances under which the project 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 to the EIR as it relates to the subject property.
E. Changes and the mitigation measures were
incorporated into the Precise Plan adopted by Resolution
No. 1186 (which changes and mitigation measures have not
been modified and will not be modified by this resolution)
which avoid or substantially reduce the potential for damage
to the environment and to property and injury to persons
from geologic, hydrologic and drainage conditions, visual
impacts of the project, impacts on land use and community
characteristics of the surrounding area, and from traffic.
Such changes and mitigation measures also avoid and reduce
to a level of insignificance potential adverse impacts upon
vegetation and wildlife and any damage to property or
persons due to other impacts. The Town Council specifically
finds that the parcel directly affected by the proposed
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modification to the Precise Plan was subjected to a height
limitation for the purpose and with the effect of
substantially reducing visual impacts of development of that
site, and such height restriction shall remain in effect.
The modification proposed is also not likely to have a
significant impact on any vegetation or wildlife habitat
identified in the EIR as endangered or potentially
endangered or extremely sensitive.
F. The Planning Commission held a duly noticed public
hearing on October 12, 1988, for the purpose of reviewing
the requested modification to the Precise Plan and receiving
comments and recommendations from the public in connection
therewith. The Planning Commission recommended approval of
the modification.
G. Based upon the foregoing findings and all
information gathered from the application and the public
hearings conducted by the Planning Commission and the Town
Council in connection with said application, the Town
Council hereby approves the requested modification to the
Precise Plan.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
hereby approves the following modification to the originally
approved Precise Plan, as such Precise Plan was modified in
Resolution No. 2154:
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1. The condition set forth in Paragraph l(i) of
Section 2 of Resolution No. 1186 is hereby deleted. This
condition provides that within the first (southwest) 30 feet
of the Building Envelope on Parcel #2 (as identified on the
Precise Plan), a maximum of 900 square feet of construction
will be allowed. The Mayor, Town Manager and any other
necessary officers of the Town shall execute, acknowledge
and deliver any documentation evidencing the deletion of
this restriction from such Parcel #2 as identified on the
Precise Plan.
2. All approvals and conditions of approval set forth
in Resolution No. 1186 and Resolution No. 2154 shall remain
unmodified and in full force and effect except to the extent
inconsistent with this resolution or any other resolution or
ordinance adopted by the Town for the purpose of amending or
modifying the Precise Plan or Master Plan on the property,
and all such approvals and conditions of approval in
Resolution No. 1186 or Resolution No. 2154 shall be deemed
incorporated herein by reference except to the extent
inconsistent with this resolution or any conditions of
approval set forth herein.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon held on April 5, 1989, by the
following vote:
AYES:
Councilmembers:
Duke, Coxhead, Logan
and Shaw
NOES:
Councilmembers:
Mayberry
ABSTENTIONS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Attest:
Af1Jtii7
If. L. KLEINERT,
TOWN MANAGER/CLERK
Town of Tiburon
~/u' -
LAWREN~. DUKE, MAYOR
Town of Tiburon
6
E:PL&D.TIB
TOWN. RES
AGBX 1.1
4/7/89
RESOLUTION NO. 2591
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON SUPPORTING NINE COUNTY
BAY TRAIL FOR HIKING & BICYCLING FACILITIES
WHEREAS, the Association of Bay Area Governments,
in cooperation with local, regional, State and Federal
agencies, and environmental and recreational
organizations throughout the nine Bay Area counties,
has developed a plan for he Bay Trail, and
WHEREAS, the Bay Trail will link recreation and
open space areas throughout the San Francisco Bay
region with 400 miles of hiking and bicycling
facilities, and
WHEREAS, the Bay Trail will enhance opportunities
for recreational walking and recreational and commute
bicycling for Bay Area residents, and
WHEREAS, the Bay Trail will secure access to the
Bay without conflicting with efforts to preserve the Bay
and its natural environment.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby endorse the
Bay Trail Plan.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on AprilS, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
RESOLUTION NO. 2590
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAIMING
NATIONAL VOLUNTEER WEEK, APRIL 9-15, 1989
WHEREAS, volunteering of one's time and resources
had traditionally been, and continues to be, an
elemental part of the essence and tradition of our
country and is essential to its spirit and vitality,
and
WHEREAS, we are a nation of people who thrive on
helping others as well as ourselves to a better life,
and
WHEREAS, our nation is experiencing a time of
diminishing natural and technological resources and a
time when our people have reached a realization that
government -- federal, state or local -- neither can
nor should provide every service necessary to build a
better environment, and
WHEREAS, volunteerism is increasingly recognized
as an important partner in government and industry in
doing the work of the nation, and
WHEREAS, volunteerism is vital, fulfilling and
enriching to the participants as to the recipients of
the service and should be encouraged for the benefits
to all and the community at large, and
WHEREAS, it is important for all of us to
recognize our responsibilities and to follow the
example of these volunteers by also giving of ourselves
for the betterment of all, and
WHEREAS, it is fitting to set aside a special week
in tribute to these dedicated men, women and young
people who make our community a better place in which
to live, work and learn,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby proclaim
April 9-15, 1989 as Volunteer Week in the Town of
Tiburon and urges all Tiburon residents to recognize
the valuable work done by volunteers" to participate
in appropriate observances and to assume their duty as
citizens of the United Sates by becoming involved in
their community as volunteers.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on AprilS, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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Town of//Tiburon
ATTEST:
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R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2589
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING THE VISTA TIBURON
PRECISE PLAN AND TENTATIVE MAP
Section 1. Findinqs.
A. On October 2, 1985, the Town Council adopted Ordinance No.
306 N.S. approving the Vista Tiburon Master Plan.
B. An Environmental Impact Report (EIR) for the Vista Tiburon
Master Plan has been certified by the Town and supplemen-
tal geotechnical investigations have been performed as
required by the Town.
C.
On November 2, 1987, Taldan Investment Company
application for a Precise Plan and Tentative Map.
application consists of the following:
1. vista Tiburon Precise Plan/Tentative Map (revised
February 2, 1989) by Schwartz-Waag Associates;
filed
Said
2. vista Tiburon site Plan (revised February 2, 1989) by
Kurtzman-Kodama Associates;
3. vista Tiburon Preliminary Landscape Plan (revised
February 2, 1989) by Kurtzman-Kodama Associates;
4. Application form received November 2, 1987;
5. Geotechnical Investigation for Vista Tiburon
#1333.01-07-1 by Don Herzog & Associates;
6. Geotechnical Review by Harlan, Miller, Tate Consult-
ing Engineers dated August 12, 1988 (Project Number
447.05;
7. Environmental Noise Analysis prepared by Charles M.
Salter Associates dated September 20, 1988;
8. Environmental Impact Report for Vista Tiburon Master
Plan by Environmental COllaborative;
9. Supplemental information provided throughout the
course of project review.
D. The application was deemed complete for processing by the
Town on September 16, 1988.
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E. The Planning Commission held duly noticed public hearings
on the applications on 10/26/88, 11/9/88, 12/14/88,
1/11/89, 1/25/89, and 2/8/89; reviewed all application
materials and the EIR; and considered all written and
verbal testimony received from the public and other
concerned persons. The Planning Commission failed to
reach a consensus on the Precise Plan/Tentative Map and
forwarded the administrative record to the Town Council
with no specific recommendation.
F. The Town Council held duly noticed public hearings on the
applications on 2/28/89, 3/9/89, 3/11/89 (field trip),
3/23/89, and 3/29/89; has reviewed all application
materials and the EIR; and has considered all written and
verbal testimony received from the public and other
concerned persons.
G. The Town Council finds that the vista Tiburon EIR requires
specific mitigation measures specifically set forth in the
Summary at pp 1-13 of the EIR, which Summary is attached
hereto as Exhibit A, in order to reduce significant
adverse environmental impacts to a less than significant
level. The Town Council hereby finds that the Precise
Plan/Tentative Map does not incorporate these mitigation
measures for the following reasons:
1. The EIR requires that, due to the steepness of
existing cut slopes, lots 28 through 32 (formerly
lots 35 through 40 on the original Master Plan
application) should be combined into three lots to
provide sufficient flexibility in locating building
sites and thereby mitigate adverse grading impacts.
In addition, Ordinance No. 306 N.S., Section 2,
subsection 4(b) requires that consideration be given
to the steepness of slopes existing on the property
in designing the placement of building envelopes.
The Town Engineer, in his letter dated March 7, 1989,
specifies lots 31 and 32 are steep downhill (2 to 1
and 1.5 to 1) slopes. The Town Council hereby finds
that applicant I s proposal for five lots fails to
adequately mitigate the grading impacts identified in
the EIR, and further finds that there exist no
alternate or other feasible mitigation measures which
would provide a level of mitigation comparable to
that specified in the EIR.
2 · The EIR requires that to reduce the potential for
landslide damage, building sites should be relocated
out of the highest risk areas. The Precise Plan/Ten-
tative Map proposes three lots, 18, 24 and 25, in an
area identified as having highest risk (formerly lots
15, 16 and 26 on the original Master Plan applica-
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tion) · Although the applicant has proposed other
mitigation measures, including catchment walls to
divert debris flow, the Town Council finds that such
proposed mitigation measures are not comparable to
those required in the EIR for protection of residents
of these lots from health and safety dangers asso-
ciated with the debris flow potential, and that there
are no other feasible mitigation measures which would
provide a level of mitigation comparable to that
specified in the EIR.
3. The EIR requires that lots 15, 16, 19 and 20 (former-
ly lots 21, 22, 27 and 28 on the original Master Plan
application) should not be considered suitable for
development until geologic and engineering studies
provide site-specific information on subsurface
conditions, and a concept has been developed for
achieving long term stability of the building sites.
The Harlan, Miller, Tate study (August 12, 1988-
project No. 447.05, p. 5) evaluated lots 15, 16 and
19 (lot 20 was not evaluated) and concluded that
special foundation investigation and design were
required for lots 15 and 16 (due to potential
settlement zone) and lot 19 (due to varied conditions
exposed in the test pits). The report further admits
that, "additional geotechnical engineering will be
required during the design phase" (Harlan, Miller,
Tate, 8/12/88, p.3 - Conclusions). The Town Council
finds that the applicant has failed to provide
information sufficient to enable it to determine at
this time the extent of mitigation measures required
for the development of each building site.
4. The EIR requires that, due to severe instability in
the upper portions of the ravine, lots 21, 22, 28 and
33 (formerly lots 13, 30, 31 and 34 in the original
Master Plan application) should be deleted from the
Precise Plan/Tentative Map in order to mitigate
adverse impacts from channel retreat. The Precise
Plan/Tentative Map shows lots being proposed in the
area recommended for deletion, with building sites
encroaching on the unstable areas. The Town Council
finds that the threat to public health and safety
from channel retreat has not been mitigated to a less
than significant level, and that there are no other
feasible mitigation measures which would provide a
level of mitigation comparable to that specified in
the EIR.
5. The EIR finds that the eucalyptus groves on the site
are important visual features, and requires that they
be preserved to the maximum extent possible. The
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Town Council finds that the applicant proposes to
remove approximately 47 of the 206 trees (22.8%) from
the grove area, and that the Precise Plan/Tentative
Map fails to provide adequate setbacks between the
proposed building envelopes and the grove, as more
specifically set forth in finding H. 2 . below. The
Town Council hereby finds that this proposed exten-
sive tree removal and encroachment into the eucalyp-
tus grove is inconsistent with "maximum protection"
of the grove and does not comply with the mitigation
measure specified in the EIR.
6. The Town Council finds that a feasible alternative
project incorporating the mitigation measures
required by the EIR should be submitted. The Town
has repeatedly requested that applicant submit such a
revised design, and applicant has failed to do so.
The Town Council hereby finds that absent such
redesign of the project, significant adverse environ-
mental impacts remain which cannot be sufficiently
mitigated, and are unacceptable.
H. The Town Council finds that the Precise Plan/Tentative Map
as proposed fails to comply with Ordinance No. 306 N.S.
Specifically, the Town Council finds:
1. That the Precise Plan/Tentative Map does not comply
wi th requirements of Section 2, subsection 2, of
Ordinance No. 306 N.S. which provides as follows:
"The applicant shall submit with the Precise Develop-
ment Plan a detailed geotechnical report which
establishes the specific criteria and standards for
the development of each of the homesites. The report
shall comment specifically on the grading concept and
shall consider potential offsite hazards and the
relationship to each building site. The report shall
comment specifically on the proposed locations of
roadway and bridges as they relate to potentially
hazardous conditions possibly due to unstable soils,
both onsite and offsite.
The report shall also specifically evaluate the
hazard posed by the collapsed railroad tunnel and
recommend methods to mitigate hazards to development
on affected lots.
If, in the opinion of the Town Council, information
contained in the geotechnical report indicates that
grading necessary for development of certain lots
could cause a significant adverse environmental
impact, changes in lot and street design, including a
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reduction in the number of lots may be required as a
means of mitigating such impacts."
The Town Council finds that the applicant has failed
to submit sufficient evidence to permit the Town
Council to make a finding that Section 2, subsection
2 of Ordinance No. 306 N.S. has been satisfied. The
Harlan, Miller, Tate report lends support to this
finding, in that it provides that, "additional
geotechnical engineering will be required during the
later design phase" (Harlan, Miller, Tate report pg.
3) .
2. The Town Council finds that the Precise Plan/Tenta-
tive Map submitted does not comply with Section 2,
subsection 4 of Ordinance No. 306 N.S., which
provides as follows:
"The Precise Plan submitted shall contain the
following additions and modifications to the Master
Plan:
a. Maximum protection shall be provided to the
existing eucalyptus g:o~e and to adjacent
homesites through prov1s1on of an adequate
setback between proposed building envelopes and
the grove.
b. In designing the placement of building
envelopes, consideration shall be given to the
steepness of the slopes existing on the
property.
c. Consideration shall be given to the height,
mass, profile and spatial separation of all
dwelling units and building envelopes in order
to attain harmonious and compatible appearance
with dwellings both within and outside the
project.
If implementation of the above additions and modifi-
cations do not adequately mitigate the adverse
impacts created by the development, then modification
to the project design, including a reduction in the
number of lots, may be required as a means of
mitigating such impacts."
The Town Council finds that the applicant has failed
to precisely and adequately depict the boundaries of
the eucalyptus grove on the Precise Plan/Tentative
Map submitted. As a result thereof, the Town Council
is unable to appropriately site building envelopes;
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impose necessary setback conditions;
provide for maximum protection of
mandated by Ordinance No. 306 N.S.
and otherwise
the grove as
Even assuming that the boundaries of the grove are as
depicted on applicant's proposed Precise Plan/Tenta-
tive Map, the Town Council finds that applicant has
failed to provide adequate setbacks between the
proposed building envelopes and the grove. In
particular, the Town Council further finds that the
proposed building envelopes for the project, depicted
on the vista Tiburon site Plan (revised 2/2/89 by
Kurtzman-Kodama) violate Section 2, subsection 4 of
Ordinance No. 306 N.S. in that building envelopes are
proposed which significantly encroach into the
eucalyptus grove:
Lot # Setback
21 building envelope encroaches 20 feet into grove
28 building envelope encroaches 40 feet into grove
34 zero setback from trunk line
33 1 foot setback from trunk line
11 2 foot setback from trunk line
23 4 foot setback from trunk line
14 10 foot setback from trunk line
13 12 foot setback from trunk line
22 13 foot setback from trunk line
10 16 foot setback from trunk line
In fact, the proposed building envelopes would permit
construction of portions of residences where eucalyp-
tus grove trees now stand.
Evidence presented at the Town Council's hearings
indicates, and the Town Council hereby finds,that a
necessary setback for fire protection, public safety,
and protection of the grove would be between 30 and
50 feet from the canopy of the grove.
Evidence presented at the March 23, 1989 Town Council
meeting by applicant's consultants indicated that
approximately 47 of the 206 trees (22.8%) would be
removed from the grove area. The Town Council hereby
finds that this extensive proposed tree removal is
inconsistent with "maximum protection" of the grove
and is inconsistent with requirements of Section 2,
subsection 4, of Ordinance No. 306 N.S. and mitiga-
tion measures concerning the grove specified in the
EIR.
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I. The Town Council hereby finds that the Precise Plan/Tenta-
tive Map is inconsistent with policies of the existing
Tiburon General Plan as follows:
1. Policy 4 (c) on Page 4 of the Tiburon General Plan
Land Use Element states that, "The City shall
encourage clustering of development, especially in
the residential Planned Development zones, where
considered desirable to provide greater areas of open
space and to reduce adverse environmental impacts of
development." Finding H of Ordinance 306 N.S.
granted approval of the vista Tiburon Master Plan, as
amended, upon the achievement of a "clustered,
single-family detached development pattern" in the
forthcoming Precise Plan submittal. The Town Council
finds that the Precise Plan/Tentative Map as sub-
mitted does not achieve the intended "clustering"
effect, but resembles more closely a traditional
hillside lot-and-block subdivision. In addition,
applicant proposes only minute portions of the site
as open space, with "open space easements" across
individually owned lots as the primary open space
vehicle, rather than commonly owned open space, which
is also inconsistent with Policy 4(c).
2. Policy B(7) of the Tiburon General Plan Open Space
Element states that, "Standards for hillside sub-
divisions shall minimize grading and preserve trees
and cover." The Town Council hereby finds, based on
testimony from the Town Engineer, that applicant
proposes massive grading on lots 17, 18, 19, 20, 21,
and 28, which is wholly inconsistent with the General
Plan Policy stated above.
3. Policy B(9) of the Tiburon General Plan Open Space
Element states that, "All land subject to slides or
other instability shall not be developed and may be
integrated into the Peninsula's public open space
system." The Precise Plan as submitted depicts
usable residential rear yard areas on lots 15 and 16
encroaching into settlement range of the collapsed
railroad tunnel. The geological reports submitted by
'Donald Herzog Associates state, in pertinent part,
"The setback and foundation recommendations should
provide for stability of the structures, but there
remains a potential for subsidence within the
property due to collapse of the tunnel." (Herzog
Assoc. letter dated 11/4/87, pg. 19, par. 2.)
Accordingly, the Town Council finds that development
should not be permitted on lots 15 and 16 for reasons
of public health and safety, and that the Precise
Plan/Tentative Map conflicts with Policy B(9).
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4. Policy A(I) on page EH-ll of the Tiburon General Plan
Environmental Hazards Element states that it is the
general objective of the City to "promote a safe
environment by minimizing risks of harm to man and
environment in terms of damage, injury or loss due to
geologic, seismic, structural, fire and flood
hazards. " For the reasons specified in Paragraph I
3. above, development of lots 15 and 16 would also be
inconsistent with the General Plan Policy referenced
herein.
J. The Town Council finds that the Precise PlanlTentative
Map, as submitted, is inconsistent with provisions of the
Planned Residential & Open Space (RPD-2) zone of the
Tiburon Zoning Ordinance, specifically with Standard F(3),
regarding minimization of grading and preservation of
natural elevations, existing trees, and native vegetation;
and Design Requirements (Section H) concerning grading,
erosion control, removal of trees and vegetation, and
geologic hazards. The Precise PlanlTentative Map as
submitted relies upon extensive grading in some areas of
the upper portion of the site (lots 28, 29, 30, 31, 32,
17, 18, 19, 20 and 21) precluding preservation of natural
elevations; allows development to encroach into the
eucalyptus grove; does not provide a method for maximum
protection of the eucalyptus grove; and does not provide a
design where buildings are "clustered in the most acces-
sible, least visually prominent, and most generally stable
portion or portions of the site, consistent with the need
for privacy to minimize visual and aural intrusion into
each unit's indoor and outdoor living areas." (Section
10-4-2a, Tiburon Zoning Ordinance).
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Section 2. Denial.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
Tiburon, after having held duly noticed public hearings, taken
public testimony, and reviewed all documents pertaining to the
vista Tiburon Precise PlanlTentative Map, hereby denies,
without prejudice, the vista Tiburon Precise PlanlTentative Map
based on the findings stated herein.
PASSED AND ADOPTED at an adj ourned meeting of the Town
Council on March 29, 1989, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Duke, Shaw,
Mayberry
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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LAWREN9E J. DUKE, MAYOR
Town of~buron
/:\
ATTEST:~~
R. L. KLEINERT, TOWN MANAGER/CLERK
Draft Date: 3/30189
njt: taldan.res
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EXHIBIT "A"
SUMMARY
PROJECT DESCRIPTION
Th e pro j e c t s.P 0 n so r pro po s est 0 sub d i V ide a 22. 6 a ere sit e
located in an unincorporated area of Marin County, within the
sphere of influence of the Town of Tiburon. The site was
previously used as a middle school, and is commonly referred to
as the "Reedland Woods School site." As proposed, the site would
be subdivided into 41 parcels, 40 of which would be developed
with lots for single-family residences. The residential portion
of the subdivision would encompass approximately 15 acres of the
site. A 7 acre parcel containing the former school facilities
would continue to be used as a synagogue for the Congregation Kol
Shofar. The Congregation presently operates out of the former
school building under a use permit from Marin County. Access to
the site would be from Blackfield Drive and Via Los Altos at the
locations of existing roadways onto the property.
POTENTIAL IMPACTS AND MITIGATION
The significant potential impacts which would result from imple-
mentation of the project as proposed are summarized below.
Detailed discussions of these impacts and of impacts of less
significance are presented in the "Environmental Setting, Poten-
tial Impacts, and Proposed Mitigation" section of this report.
Proposed mitigation of all impacts identified in this report
follows each of the impact summaries presented below.
GEOLOGY AND SOILS
Potential Impacts
The report prepared by Donald Herzog and Associates, the
applicant's geotechnical engineers, does not establish the
feasibility of the proposed development. Potentially
significant constraints to development on portions of the
site have been identified by the environmental consultant.
Further investigation is required to provide accurate data on
the significance of several areas of concern. Impacts of
greatest concern relate to previous grading, debris flows,
retreat of the channel bank, localized erosion and earthquake
safety.
Mitiqation ~-
1. General Mitigation. Prior to processing the Precise
Plan, the applicant should be required to submit a
detailed geotechnical report that comments specifically
1
on the development plan and grading concept. It should
establish specific criteria and standards for the
development of each lot on a lot-by-lot basis.
2. Previous Grading .Mitigation. Future geotechnical
studies should map fill areas accurately, evaluate the
engineering characteristics of the existing fill, and
comment on its suitability for support of the proposed
improvements. Similarly, an engineering geologist
should evaluate existing cut slopes, comment on their
potential long-term stability, and provide
recommendations for any remedial work deemed necessary.
3. Debris Flows Mitigation. DHA has presented general
recommendations for engineer ing structures to control
landslide damage. These measures would be even more
effective if the debris flow hazard were considered as
a constraint to land use on the site and subdivision
design. If building sites were relocated out of the
highest risk areas, the potential for landslide damage
would be significantly decreased. The highest risk
areas are identified on the DHA Preliminary
Geotechnical Map. The basic thrust of redesign should
be to set back building sites from the main ravine.
Also, the area of proposed Lots 15, 16, and 26 should
be reserved for undeveloped forms of land use. The
areas of Lots 21-22 and 27-28 should be considered to
have no proven development potential until a detailed
geologic and engineering study provides site specific
information on subsurface conditions, and a concept has
been developed for achieving long term stability of the
building sites. Additionally, the steepness of exist-
ing cut slopes suggests that proposed Lots 35-36, 37-
38, and 39-40 should be combined. This would provide
more flexibility in siting the three remaining
consol ida ted lots.
('
4. Channel Retreat Mitigation. A field topographic survey
should be performed and the setback recommended by DBA
mapped. Consideration should be given to requiring
that the actual setback from the top-of-bank equal the
height of the bank, as a minimum. The ravine should be
cleared of debris and maintained on a regular basis.
Healthy eucalyptus within the ravine should be retained
as they add structure to the weak soils. Due to
several factors, particularly the severe instability
witbin the upper portion of the ravine, Lots 13, 30,
31, and 34 should be deleted from the plan.
2
,
5. Localized Erosion Mitigation. DHA provides general
recommendations for corrective drainage facilities and
a storm drainage system. DHA specifically recommends
surface drainage facilities on Lots 34, 35 and 36,
along with landscaping of this slope. If runoff from
all developed and graded areas were intercepted by an
efficient drainage system, conveyed to the main ravine
and discharged in non-erosive manner, the erosion
hazard could be kept to a minimum. It may also be
necessary to protect -segments of the ravine bank from
erosion by use of mechanical or vegetation stabiliza-
tion measures.
6. Abandoned Tunnel Mitigation. The detailed geotechnical
report to be submitted prior to processing the Precise
Plan should also evaluate the hazard posed by the
potential progressive failure of the tunnel and
recommend appropriate setbacks based on the outcome of
the study. The report should also address the active
gully erosion that is occuring along the tunnel
alignment.
7. Earthquake Shaking Mitigation. For one- and two-story
woodframe structures, the most cost effective protec-
tions from earthquake damage are the use of grading,
drainage, and foundation design standards that are
conservative in respect to safety features and the
adherence to good construction practices.
HYDROLOGY
Potential Impacts
Surface runoff volumes from the site would increase with
project implementation and would contribute to on-site
drainage and erosion problems unless corrective measures were
implemented prior to the construction of residences on the
site. Measures necessary to accommodate cumulative runoff
volumes and to correct existing drainage problems in the Bel
Aire,neighborhood are identified in the Bel Aire Drainage
Master Plan.
Mitigation ".
1. The applicant should be required to submit a detailed
erosion-control plan to the Public Works Department
prior to issuance of a grading permit. The plan should
include the use of sedimentation catchbasins, provide
3
additional silt fences or hay bales at strategic loca-
tions to intercept sediment generated during construc-
tion. Cut slopes should be stabilized using hydromulch-
ing or an alternative but equally effective method and
should be revegetated, with species native to the area,
immediately after grading. ~ne project sponsor should
be required to post a refundable bond with the Town to
ensure that the erosion control plan is carried out.
2. Streets in the project vicinity should be mechanically
or manually swept clean of soil to reduce street dirt
and siltation until roadways have been established on
the site.
3. Grading and excavation should take place during the dry
season between April 15 and October 1.
4. Concentrated runoff or sheet flow should not be allowed
to move over cut or fill slopes. Drainage features
should be provided to protect these and other areas of
disturbance from erosion.
5. Existing drainage courses should be considered in
developing grading plans. Debris should be removed from
the major ravine and areas of channel retreat and severe
erosion should be stabilized. Use of storm drains,
channels, and culverts should be included to accommodate
increases in runoff and changes to existing drainage.
Catchment basins and other design methods such as French
drains should be incorporated into the grading scheme
and site plan to mitigate increases in runoff due to
impervious surfaces.
6. Sub-drains should be constructed where needed to elimi-
nate seepage problems in areas proposed for development.
Sub-drains should be constructed in such manner so as to
ensure that all housing and road sites are well drained
below ground.
7. Drainage in the western portion of the site, in the
vicinity of Via Los Altos, should be thoroughly analyzed
to identify existing drainage problems. Recommendations
should be made on the specific measures necessary to
correct problems identified during the investigation. A
drqinage system should be installed along the proposed
20 foot wide driveway off Via Los Altos to direct runoff
away from the northwest side of the existing school
building. This drainage system should include catch-
basins and subdrains which direct and discharge flows to
the drainage ravine in a non-erosive fashion.
8. The applicant should be required to demonstrate, through
a capacity analysis based on the Precise Plan of the
project, that sufficient capacity is available in
4
TRAFFIC AND CIRCULATION
Potentia1 lmpacts
The proposed project would ultimately generate approximately
680 traffic trips per day. This increase in traffic volumes
may be perceivable to residents in the vicinity of the site,
but would not result in a significant decrease in the level
of service or quality of life of roadways in the project
vicinity. .
Miti9ation
1. The applicant should be required to participate in the
traffic mitigation study and funding program now under-
way by the Town of Tiburon. The study is aimed at devel-
oping solutions for traffic impacts at intersections
along Tiburon Boulevard from Cecilia way to Highway 101.
This program will determine necessary improvements,
costs and private developer funding mechanisms to
provide for off-site traffic mitigation. In addition,
the applicant will be required to participate in the
off-site traffic mitigation fee program operated by the
Town of Tiburon to offset improvement costs incurred by
the developer of the Downtown Tiburon project.
2. The sight distance on Via Los Altos at Blackfield Drive
should be improved by removing or cutting back the
existing shrubs southwest of the intersection.
3. The two major roadways serving the project should inter-
sect with Blackfield Drive and Via Los Altos as "road to
road" rather than driveway intersections.
4. All'private roadway intersections into the project
should be designed to avoid left turn Short-cuts. Re-
alignment of roadways is preferred but where this is not
possible, raised medians should be installed to channel
traffic to proper turn locations.
5. The internal intersection in the western portion of the
site should be redesigned as close as possible to a
standard "Tn intersection to avoid the turning movements
whiCh would otherwise be required to pass through the
intersection.
6. The cultural genter (day school and religious facility)
should work to maximize use of carpools, vanpools and
public transit. A generous 3-person per car has been
. ,:..;:~-~,.:~: ': ".
5
assumed for most calculations in this analysis. The
project sponsors should be required to monitor this
assumption and report to the Town on the Success of
their carpoollvanpool programs.
VISUAl. QUALITY ANn AESTHETICS
Potential Impacts
The visual impacts of the project are primarily of concern to
the surrounding neighborhoods and adjacent residences. Of
particular concern are the issues of pr ivacy and the visual
relationship of the proposed development to surrounding land
uses.
Miti9ation
1. Extensive screen plantings should be installed along the
eastern edge of the site separating Lots 22, 21, 20, 12,
2 and 1 from existing development in the Tiburon Hills
neighborhood. Additional screen plantings should be
provided around the parking lot of the synagogue to
screen views of automobiles in the parking lot.
Building setbacks along the northeastern edge of the
site should also be required to provide a buffer between.
existing and proposed residences.
2. Night lighting should be of low intensity and placed to
avoid point sources of light which could create nuisance
conditions for adjacent residents.
3. The eucalyptus groves on the site are important visual
features on the property and should be preserved to the
maximum extent Possible.
~
. ,
LAND USE AND COMMUNITY CHARACTERISTICS
Potential Impacts
The construction of residential units would alter the
existing undeveloped nature of the site. The existing
characteristics of the site are of importance to surrounding
neighborhoods and the community at large due to the
visibility and present ease of access onto and across the
site.
6
~ '. ). :
~
., .","
Mitigation
1. The lot size of proposed residences adjacent to
existing neighborhoods should be increased in size to
provide a buffer between existing and proposed
.~evelopment, particularly with lots in the vicinity of
Via Los Altos, where a minimum lot size of 20,000
square feet would be more appropriate. In addition,
larger lot sizes along the northern edge of the
. property would improve the transition between
residences on the site and adjacent open space lands.
2. The proposed pedestrian easement along the eastern edge
of the site should be adjusted to avoid the native
vegetation in the vicinity of Lot 12. Lots containing
the pedestrian easement should be increased in size to
alleviate the sense of intrusion experienced by future
lot owners as individuals pass through their proper-
ties.
3. The Town of Tiburon . should . consider requiring the
inclusion of lowlmoderate income housing units into the
development. At minimum, the project sponsor should be
required to pay in-lieu fees according to the Marin
County Housing Authority formula currently used by the
Town.
VEGETATION AND WILDLIFE
Potential Impacts
Project implementation would result in the removal of vegeta-
:tion in areas proposed for construction, and grading activi-
ties would encourage the growth of undesirable species on the
site. Significant areas of the eucalyptus grove could be
affected by project implementation. Project implementation
would elimin~te small wild~~fe in areas proposed for de~elop-
ment and would displace large wildlife which currently
frequent the site. Unauthorized off-road vehicle use of the
Ring Mountain open space area may result from the lack of
barriers along project roadways and poses a serious threat to
the integrity of the area. If populations of liemizonia
multicaulus ssp. vernalis, listed as rare and endangered by
the California Native Plant Society, occur on the property,
project implementation would eliminate suitable habitat and
possibly individual plants.
7
':..
_ _ . 5.
Miti9ation
1.
Graded materials, construction equipment and bUilding
materials should only be stored within areas to be
developed. Native vegetation along the eastern and
'western edges of the site, particularly the large live
oak in the vicinity of Lot 35 and the native vegetation
along the eastern edge of the site, should be retained.
2.
The two groves of eucalyptus on the site should be
preserved through open space dedication or title
restrictions, possibly in the form of landscape
easements to individual lots. An acceptable boundary
to the large grove should be determined and a plan for
maintenance of the grove developed by the applicant.
The grove should be inspected by a qualified tree
specialist, and individual trees which pose a hazard
should be pruned or removed. Responsibili ty. for
management of the grove should be defined prior to
approval of the Precise Plan for the project. Efforts
should also be made to preserve the cypress trees.
A field survey for potential populations of Hemizonia
multicaulus ssp. vernalis should be conducted on the
subject property during the flowering period of the
species (April-June) prior to any construction on
undeveloped portions of the site. In the case that
populations of the species are located on the property,
adequate measures should be taken to preserve both
- -__individual plants and surrounding habitat.
An eradication plan should be required as part of
project approval to eliminate undesirable species from
the property. This plan should include information on
initially removing undesirable species, particularly
French broom and fennel, from the si te, and long-term
. maintenance to prevent re-establishment of these
species. Revegetation of areas stripped of 50 percent
or more of the plant cover should be included in the
plan. Revegetation should be restricted to the use of
plant species native to the area.
3.
4.
A qualified plant ecologist should be consulted to work
with the project sponsor's landscape architects in
developing an extensive landscape plan for the
property. Species used in landscaping should be native
to the area and minimally disruptive to existing native
vegetation. The landscaping effort should be directed
to screening highly visible portions of the site from
adjacent residences and roadways.
. . 0' _
-:..;.)~:-.~.. .
8
6. -The project sponsor should be required to incorporate
measures to prevent unauthorized vehicle access onto
open space areas north of the site. Possible measures
include restricting access onto the site during the
construction phase of the proj ect and installing open
space fencing and walk-throughs where pedestrian ease-
ments access open space areas north of the site. The
Nature Conservancy's Ring Mountain Preserve Manager
should be consulted in developing necessary measures,
particularly those needed during the construction and
pre-buildout phases of site development.
NOISE
Potential Impacts
The proposed development would generate short-term noise
levels above long-term acceptable standards. Long-term noise
levels resulting from project implementation would not result
in noise levels above standards determined acceptable by the
Town of Tiburon.
Mitiqation
1. Construction activities should be restricted to between
the hours of 8 a.m. and 5 p.m. (Monday through Friday)
to minimize the impact on the surrounding neighborhoods.
No construction should be allowed on weekends or
holidays,- and all equipment used on the project site
should be adequately muffled and properly maintained.
2. The greatest change in the acoustic environment
resulting from project implementation would be
experienced by residents with backyards located within
100 feet of the proposed access off Blackfield Drive.
Relocating this access to the west, away from these
backyards, would lower the sound levels generated by
project vehicles by as much as 10 decibels, resulting in
a maximum outside noise level of less than 50 dBA.
COMMUNI~ SERVICES
General Impacts
For the most part, services and utilities could b ep r 0 v ide d
to the site with little difficulty. The extension of exist-
ing lines onto undeveloped areas would be necessary to pro-
vide water, sanitary sewer, gas, electric, and telephone
services to the residential portions of the development.
9
Fire and police protection to the site would be provided by
the Alto-Richardson Bay Fire Protection District and the
Tiburon Police Department, respectively. The Alto-Richardson
Fire Protection District would require that several measures
be incorporated into the project to achieve fire safety
standards. These fire safety requirements are listed as
mitigation. Representatives of the water, sewer, and two
school qistricts that serve the project area indicate no
significant constraints to project implementation.
~
Miti9ation
1. The project sponsor shall install a water system
dedicated and built to the standards of the Marin
Municipal Water District and the Alto-Richardson Bay
Fire Protection District.
2. The project sponsor shall install Clow-Rich 760 Type
and Model fire hydrants no further apart than 350 feet.
3. Residences shall be no more than 150 feet from the
water supply and main. If this requirement is not met,
the Alto-Richardson Bay Fire Protection District may
require the installation of additional fire hydrants on
certain lots to insure adequate water supply.
4. The project sponsor shall provide a minimum fire flow
of 1,000 gallons of water per minute to all locations
within the site. Alternatively, the Fire District
would accept automatic sprinkler systems designed to
N.F.P.A. Standards 13D in all residential structures,
and would allow plastic polybutylene pipe to be used
with quick-action spr inkler heads. All spr inkler
_.systems must be designed by a State Certified Fire
- .Protection Engineer.
-5. The project sponsor shall provide a m~n~mum turning
radius of 49 feet curb-to-curb and 53 feet wall-to-wall
at the end of each street.
6. The project sponsor shall provide a minimum
unobstructed street width of 20 feet to accommodate
fire apparatus.
7. The project sponsor shall provide all driveways with 14
-. feet of vertical clearance and 12 feet of horizontal
clearance.
8. All roads and driveways shall have all-weather
surfaces.
10
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9. Any structure over 5,000 square feet will be required
to install an automatic sprinkler system.
10. Smoke detectors are required in all new homes.
11. If the fire road which traverses the site is.to be
preserved, the road must be gated to the specifications
of the Alto-Richardson Bay Fire Protection District.
Police
MitiC}ation
1. The law enforcement agency with ultimate jurisdiction
over the site could request that the project sponsor
pay a portion of the capital costs of a new patrol car
and equipment for a new full-time officer's position.
2. Unauthorized activity on the site could be alleviated
by securely gating the proposed access roads during the
construction phase of the proj ect and through the use
of fencing and walk-throughs where easements or open
space areas access the undeveloped land north of the
site.
Public Schools
Mitiqation
None require-d.
Water
Mitiqation
1. Low-flow plumbing fixtures, including shower heads,
faucets, and toilets, should be installed in each resi-
dence to minimize water demand.
2. Drought-resistant plant species should be used in
,landscaping to minimize water use. If requested, the
District's landscape architect will review and comment
on landscaping plans.
3. Efficient landscape irrigation systems should be
installed to minimize water use.
11
4. A maximum pressure of 50 pounds per square inch (psi)
should be provided to the highest fixture unit within
each residence. The location of future residences
above a base elevation of 190 feet elevation should be
c09rdinated with the District to insure adequate water
pressure for these residences, and the applicant shall
install private pressure pump(s) where needed.
5. The applicant shall. provide for pressure reducing
valves to those units below 150 feet in elevation.
Sanitary Seweraqe
Mitiqation
1. The project sponsor should provide all common sewer
system pipelines and improvements to be dedicated to the
District.
Gas. Electricity. and Tel~phone
Mitiqation
1. As proposed, all gas, electric, and telephone installa-
tions should be placed underground.
2. As with any development serviced by PG&E, supply of the
utility is contingent upon compliance with the filed
rules of the Company. Responsibility for compliance
with these rules rests with the project sponsor.
Solid Waste
Mitiqation
None Required.
UNAVOIDABLE SIGNIFICANT ADVER...C:;E IMPACTS
The following potential impacts of the project as proposed are
considered adverse, and cannot be fully mitigated to a level' of
insignificance:
..,0..
12
1. Implementation of the project as proposed would create
hazardous situations for future lot owners in several
locations on the site. Geotechnical constraints
identified during preparation of this report indicate
that several of the lots are not suitable for
residential use, and that other areas on the site would
require detailed geotechnical evaluation to determine
the suitability of these areas for development.
2. The visual quality of the upper portion of the site
would be altered substantially, regardless of the
ultimate layout or location of structures, due to its
visual prominence from both neighborhood roadways and
individual residences.
3. The eXisting undeveloped character of the upper portion
of the property would be converted to tha t of a suburban
development.
4. Much of the existing vegetation on the site would be
removed and wildlife habitat destroyed, resulting in an
incremental loss to resources of the Ring Mountain area.
5. Short~term noise levels above acceptable noise level
standards would result from construction activities.
6. The project would have a significant impact on the
quality of life of residents in the immediate vicinity
of the site.
IMPACTS WHICH ARE NOT SIGNIFICANT OR ARE SUBJECT TO MITIGATIO~
The following potential impacts of the project as proposed are
considered insignificant or can be fully mitigated.
1. The increase in runoff volumes that would result from
project development is not significant. Problems
associated with the cumulative increase in runoff
volumes to the west-ditch would be alleviated with
implementation of drainage improvements recommended in
the Master Drainage Plan (County of Marin Public Works,
1969).
2. Increases in long-term ambient noise levels would be
insignificant throughout most of the project site and
surrounding neighborhood. The potentially significant
impact on the quality of life experienced by residents
living adjacent to the eastern edge of the site could be
-13-
RESOLUTION NO. 2588
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAIMING APRIL 1989
AS FAIR HOUSING MONTH
WHEREAS, the principle of fair housing is not only
national law and national policy but a fundamental
human concept and entitlement for all citizens; and
WHEREAS, discrimination based on race, religion,
national origin, sex, marital status, disability,
sexual orientation, and exclusion of minor children is
illegal in California, and
WHEREAS, as a community we welcome all good
neighbors, recognizing the contributions and richness
tendered by a wide variety of young and old, male and
female, people of all colors and ethnic backgrounds,
religious traditions, etc., and
WHEREAS, April is designated Fair Housing Month
this year and marks the 21st anniversary of the signing
of the National Fair Housing Law of 1968,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby proclaim
April 1989 to be FAIR HOUSING MONTH in the Town of
Tiburon and urges all residents of the community to
personally adopt the spirit of equal housing
opportunity and to adhere to the letter and the spirit
of the Fair Housing laws whenever applicable.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on March 23, 1989
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
LAWRENCE
Town b~/
,r-,.,~.../
=:x:::::.....<--~-
ATTEST:
~~
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2581
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING THE PARCEL
MAP FOR THE THREE LOT AGINS SUBDIVISION
AT THE END OF GILMARTIN DRIVE
RECITALS
A Parcel Map has been submitted proposing the creation
of a three lot subdivision at the end of Gilmartin
Drive. The subdivision results in the creation of one
new residential parcel.
The Parcel Map has been examined by the Town Engineer
and returned to the Town Clerk as required in Section
14.36 of the Tiburon Subdivision Ordinance.
The Town Engineer has determined that the Parcel Map is
in substantial compliance with the approved Vesting
Tentative Map for the Agins Subdivision, and that all
required conditions of approval have been complied
with.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby approve the
Agins Parcel Map.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on March 15, 1989
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Duke
NOES: COUNCILMEMBERS: Mayberry
ABSENT: COUNCILMEMBERS: None
/~-X:.< ~-
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'/
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/'/ .
_/ /- -~"...-
LAWRENCE J. DUKE, MAYOR
Town of 1" uron
ATTEST:
RESOLUTION NO. 2586
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 A TIBURON MUNICIPAL
ELECTION TO BE HELD ON JUNE 6, 1989
WHEREAS, the Town Council of the Town of Tiburon
has ordered an election for June 6, 1989, 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
June 6, 1989.
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 March 1, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
.-
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I'
/ /
C:"._,.ia.4...Q..d(;_ _.v =.,.,--.- "" ,;-;:t. ~___.
LAWRE~. DUKE, MAYOR
Town of Tiburon
_ _~r
ATTEST:
;@fLv
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2585
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ORDERING AND CALLING A
MUNICIPAL ELECTION IN THE TOWN OF
TIBURON ON JUNE 6, 1989 FOR THE PURPOSE
OF PLACING TWO MEASURES ON TH~ BALLOT
BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby orders as follows:
Section 1. DATE OF ELECTION
A general municipal election is hereby called and
ordered to be held in the Town of Tiburon, State of
California, on Tuesday, June 6, 1989 for the purpose of
voting on the two Measures set forth in Section 2
hereof.
Section 2. MEASURES TO BE VOTED ON
A. "Shall the Town of Tiburon, in conjunction
with the Marin Housing Authority, be
authorized to construct and own not more than
four (4) additional units of rental housing
for low/moderate income senior citizens to be
added to the existing twelve (12) units
previously authorized by the voters in 1978 at
the Bradley House (formerly the site of Old
Tiburon School)?"
B. "Shall an Ordinance be adopted increasing the
transient occupancy tax (hotel tax) within the
Town of Tiburon from its present rate of 9
percent to a rate not to exceed 10 percent?"
Section 3. CALL FOR ARGUMENTS AND REBUTTALS.
The Town Clerk of Tiburon will accept arguments for and
against these measures and will accept rebuttal
arguments. The direct arguments for and against the
measures shall not exceed 300 words in length and must
be submitted to the Town Clerk by noon, March 20, 1989.
The rebuttal arguments shall not exceed 250 words in
length and must be submitted to the Town Clerk by noon,
March 30, 1989.
Section 4. REGISTRATION TO CLOSE MAY 8, 1989
Registration for said election shall close on May 8,
1989; no persons registered after that date will be
entitled to vote at 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.
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 two Measures to be voted
upon.
Section 8. SAMPLE BALLOT AND VOTER'S PAMPHLET
FORMAT.
Directly following the ballot measures, a complete text
of the proposed Ordinances will be shown, followed by
the Town Attorney's Impartial Analysis.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on March 1, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
--~L~~r ' .- " L
--." ( <.--------- --, / .,-'(..(. . ~
-..- --~ -'
ATTEST:
/
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2584
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING EXECUTION
OF INDEMNITY AND HOLD HARMLESS AGREEMENT,
AND RELEASE IN FAVOR OF CITY OF SAN MATEO
BE IT RESOLVED that the Town Council of the Town
of Tiburon does hereby authorize its Police Chief to
execute in favor of and deliver to City of San Mateo
the "Indemnity and Hold Harmless Agreement, and
Release, In Favor of City of San Mateo", a copy of
which is attached hereto as Exhibit "A: and made a part
hereof.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on March 1, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
. /-'
..".:.:.:....--' /
~-,.'-...- ...-- ,..... '. . ,... ,,' .' .
.' _'-"-"'>"o._~. -:_.-...'.-..... . _. ..._. ..... ....... ~,(_.",."/
'.~ '. - ~ .- ~~-, -..... ---,.,..--
LAWREN-CE ~i;""'""'Dt)KE,' MAYOR
Town of-JI"'lburon
ATTEST:
~~
R. L. KLEINERT, TOWN MANAGER/CLERK
INDEMNITY, HOLD HARMLESS AND RELEASE
BY
IN FAVOR OF THE CITY OF SAN MATEO
In consideration of an 82-hour motorcycle training course being
conducted by the CITY OF SAN MATEO (hereinafter "San Mateo") and its allowing
employees of the (hereinafter referred to as
"Contracting Agency" to take part in said course, Contracting Agency agrees
to indemnify, defend, and hold harmless San Mateo, its officers and
employees, from and against any and all claims, loss, liability, and damages
resulting from injury to or death of persons, including to employees of
Contracting Agency, or from damage to property, including that of San Mateo,
the San Mateo County Fair Association, San Mateo County, and the California
Jockey Club, arising out of or in any way connected with Contracting Agency's
participation in the 82-hour course, however, caused, regardless of
negligence of San Mateo, whether active or passive, except for injury or
damage caused by the sole negligence or willful misconduct of San Mateo.
This agreement shall remain in full force and effect unless written
notice is given to the City of San Mateo Chief of Police, at least 30 days
before the effective date of such termination.
Dated:
Contracting Agency
By:
Its Police Chief
RESOLUTION NO. 2583
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PLACING A REFERENDUM
MEASURE INCREASING THE TRANSIENT
OCCUPANCY TAX FROM 9% TO 10% ON THE
JUNE 6, 1989 MUNICIPAL BALLOT
WHEREAS, the Town Council of the Town of Tiburon
has determined that an increase in the transient
occupancy tax is a benefit for the community, and
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby place a
referendum measure which reads as follows:
"Shall an Ordinance be adopted increasing the transient
occupancy tax (hotel tax) within the Town of Tiburon
from its present rate of 9 percent to a rate not to
exceed 10 percent?
on the Municipal Election ballot for the June 6, 1989
Municipal Election, and does so direct the County Clerk
to place said matter on the ballot.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on February 21,
1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan,
Mayberry, Duke
NOES: COUNCILMEMBERS: Shaw
ABSENT: COUNCILMEMBERS: None
. -----x'. ,:
,_- "'( ",,'-t, W'-"t':,I_-
'-,
i
4>/"
" .
'-, ./
_- >1--~_
LAWREN~'J. DUKE, MAYOR
Town of Tiburon
;-
ATTEST:
R.~~/CLERK
RESOLUTION NO. 2582
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PLACING A REFERENDUM
MEASURE CONCERNING PUBLIC LOW-COST
HOUSING ON THE JUNE 6, 1989 MUNICIPAL BALLOT
WHEREAS, the Town Council of the Town of Tiburon
has determined that low-cost housing for the elderly is
a benefit for the community, and
WHEREAS, the Town Council of the Town of Tiburon
wishes to implement the goals contained in the Housing
Element of the Tiburon General Plan, which include the
provision of housing for all sectors of the community,
and
WHEREAS, Article 34 of the California State
Constitution requires that any public entity which
wishes to develop, construct or acquire any public
low-cost housing, or wishes to become involved in any
private development of such housing must first gain
voter approval.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby place a
referendum measure which reads as follows:
"Shall the Town of Tiburon, in conjunction with
the Marin Housing Authority, be authorized to
construct and own not more than four (4)
additional units of rental housing for
low/moderate income senior citizens to be added to
the existing twelve (12) units previously
authorized by the voters in 1978 at the Bradley
House (formerly the site of Old Tiburon School)?"
on the Municipal Election ballot for the June 6, 1989
Municipal Election, and does so direct the County Clerk
to place said matter on the ballot.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on February 21,
1989 by the following vote:
AYES:
Mayberry,
COUNCILMEMBERS: Coxhead, Logan,
NOES:
ABSENT:
Shaw, Duke
COUNCILMEMBERS: None
COUNCILMEMBERS: None
----~.,.....-
...(::;;~~- _.-<~----~
__..-.. r
LAWRENC~/~/DU ,
Town of -.JP1buron
ATTEST:
/Rj{dY
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2581
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REGARDING ACQUISITION
AND TITLE TO THE NORTHWEST PACIFIC
RAILROAD RIGHT-OF-WAY IN MARIN COUNTY
WHEREAS, the Northwest Pacific Railroad (NWP)
Right-of-Way Task Force has negotiated an agreement
with the Southern Pacific Railroad to acquire ten miles
of right-of-way and options to acquire additional
right-of-way in Marin and Sonoma Counties, and
WHEREAS, the Cooperative Agreement between the
Golden Gate Bridge, Highway, and Transit District,
Marin County, and Marin County Transit District
reestablishes that title, planning and control of the
NWP Right-of-Way will be held by the Golden Gate
Bridge, Highway and Transportation District, and
WHEREAS, Marin County voters have consistently
expressed concern about the Bridge District as an
operating entity, and
WHEREAS, the current structure of the Cooperative
Agreement could adversely affect the proposed sales tax
ballot measure for transportation improvements in Marin
County,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby requests the
Board of Supervisors and the Marin County Transit
District to consider amendments to the Cooperative
Agreement to incorporate the following concepts:
1. The acquisition of the ten mile segment from
Bellam Boulevard in San Rafael to Rowland
Boulevard in Novato should be structured to
result in title, planning, and control passing
solely to the Marin County Transit District.
This could be accomplished by "back-to-back"
escrows from the Bridge District to the Marin
County Transit District.
2. In the event that options for future
acquisitions are exercised, the Agreement
should be structured to provide for title,
planning and control passing solely to the
Marin County Transit District for property
located within Marin County. Title to the
right-of-way in Sonoma should be held by a
Sonoma County agency.
3. Title to the right-of-way should revert back
to the Bridge District in the event the Marin
County Transit District does not use the
right-of-way for mass transit purposes. "Mass
transit" is defined as rail or bus systems and
does not include high occupancy vehicle (HOV)
lanes.
BE IT FURTHER RESOLVED that the Town Council of
the Town of Tiburon acknowledges that title to the four
mile segment from Bellam Boulevard to Nellen Avenue in
Corte Madera previously acquired by the Bridge District
will not be transferred to the Marin County Transit
District at this time.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on February 21,
1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan,
Mayberry, Shaw
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke
-~ /rS~
~ANCIS X. 'SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
4JJ1i(7
R. L. KLEINERT, TOWN MANAGER/CLERK
---
RESOLUTION NO. 2580
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE FIVE-YEAR
FEDERAL AID URBAN PROGRAM COMMENCING
FY 1989-90 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 December
14, 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 1989-90 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 an adjourned meeting of the
Town Council of the Town of Tiburon on February 21,
1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan,
Mayberry, Shaw
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke
.-/'/ --" /
~/!,;- ;L:0,~ Y 5luuv-
FRANCIS X. SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
R. &~E:EP~
RESOL UTI ON NO. 2579 d...-
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE SETTLEMENT
AGREEMENT WITH COUNTY OF MARIN, AND CYPRESS
HOLLOW AND AUTHORIZING THE MAYOR TO EXECUTE
WHEREAS, the Town of Tiburon has reviewed an
Agreement and the Stipulation of Entry of Judgment
attached as Exhibit "1" pertaining to the Cypress
Hollow development application, and
WHEREAS, the Town of Tiburon desires to enter into
an Agreement between the Town, the County of Marin, a
political subdivision of the State of California on
behalf of itself and the Board of Supervisors of the
County of Marin and the Planning Commission of the
County of Marin, and Cypress Hollow, a California
limited partnership.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon hereby approves and
authorizes the Mayor to execute said Agreement.
PASSED AND ADOPTED at an adjourned meeting of the
Town Council of the Town of Tiburon on February 21,
1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan,
Mayberry, Shaw
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke
<4~ ~~
FRANCIS X. SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2579
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REGARDING THE REVISED
MARIN COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
WHEREAS, the California Health and Safety Code
authorizes counties to prepare and adopt hazardous
waste management plans, and requires cities to adopt
provisions of the county hazardous waste management
plan into city general plans and/or ordinances; and
WHEREAS, the County of Marin prepared a Draft
Hazardous Waste Management Plan in March 1988 and
revised it in December 1988 in response to comments
received by Marin's cities and towns, local industry
and environmental groups, the public-at-Iarge, the
County Advisory Committee for the Plan, County Board of
Supervisors, and the California Department of Health
Services, and
WHEREAS, safe and responsible management of
hazardous wastes is critical to the protection of
public health and the environment, and
WHEREAS, the Revised County Hazardous Waste
Management Plan provides guidance for waste
minimization, increased recycling, improved waste
management, safe transportation, capable emergency
response and an effective siting and permitting process
for potential hazardous waste management facilities in
the county, and
WHEREAS, the city participated in preparation of
the Draft Plan and has reviewed the Revised Plan;
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby approve the
Revised County Hazardous Waste Management Plan of
December 30, 1988 and recommends that the Marin County
Board of Supervisors adopt the Revised County Hazardous
Waste Management Plan as the Final County Hazardous
Waste .Management Plan and submit it to the California
Department of Health Services for approval in
accordance with State Assembly Bill 2948 (Tanner 1986)
and subsequent legislation.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on January 18,
1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Mayberry, Shaw
Logan, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
//.; . II
'~~~~'~uii1~~-;
Town of" iburon
ATTEST:
R~~MANAGER/CLERK
RESOLUTION NO. 2578
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING COMPLETION OF
DEL MADERA UNIT II, LOTS 18 TO 22)
WHEREAS, the improvements on Del Madera Unit II
(Lots 18 to 22) were satisfactorily completed on
December 22, 1988, and
WHEREAS, the Subdivider agrees to maintain all
improvements, repair any defects or failures and
correct causes of any defects or failures, for a period
of one year from the date of this notice, and
WHEREAS, the Subdivider has agreed to conditions
set forth by the Town Engineer as outlined in his
letter dated December 22, 1988 and
WHEREAS, this Notice of Completion does not
include the work specified by the Construction Permit
No. 00280 issued by the Building Official on September
1, 1988, which work was not inspected by the Town
Engineer.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby accept
completion of Del Madera Unit II (Lots 18 to 22)
improvements as set forth above.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on January 18,
1989 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw
None
Logan, Duke
ATTEST:
MANAGER/CLERK
R. L. KLEINERT,
RESOLUTION NO. 2577
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DESIGNATING AREAS BETWEEN
BEACH ROAD AND MAR WEST ON TIBURON BLVD.
AS NO STOPPING AND NO PARKING AREAS
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON, that it is hereby ordered as follows:
The following portion of Tiburon Boulevard is
hereby defined and established as a "NO STOPPING AT ANY
TIME" area and shall be governed by the provisions of
Section 23.1 of the Tiburon Town Code:
1. The South side of Tiburon Boulevard from Mar
West to Sta 8+80 and Sta 10+71 to Beach Road and
along the north side of Tiburon Boulevard from Sta
8+35 to Beach Road.
The following portion of Tiburon Boulevard is
hereby defined and established as a "NO PARKING" area
and shall be governed by the provisions of Section 23.1
of the Tiburon Town Code:
1. Along the north side of Tiburon Boulevard from
Sta 7+35 to Sta 7+49.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on January 18,
1989 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw
None
Logan, Duke
~ ' ./C~
~ . r.1/1 L<~,,} J. , O-~1.r-
J~ RANCIS X. SHAW, V-i%E-MAYOR
Town of Tiburon
ATTEST:
TOWN MANAGER/CLERK
R.
RESOLUTION NO. 2576
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING PROGRAM
SUPPLEMENT NO. 005 TO TIBURON/STATE OF
CALIFORNIA AGREEMENT FOR FEDERAL AID
FOR TIBURON BOULEVARD PHASE II PROJECT
WHEREAS, the Town of Tiburon has previously
entered into an Agreement with the State of California
for funding of the Tiburon Blvd. Phase II Improvements
project between Beach Road to Mar West Road, and
WHEREAS, Program Supplement No. 005 estimates the
cost of the project to be $621,000, and
WHEREAS, Federal Funds will amount to $536,792,
fourteen (14%) percent of the Town's matching funds
will amount to $84,208.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby approve this
program and authorizes its execution.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on January 18,
1989 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw
None
Logan, Duke
~ .
... , f (Ii
r' Yt---/1v'C.(/) ,---::rIt:!, tt ~
- RANCIS X. SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
R.
MANAGER/CLERK
PROGRAM SUPPLEMENT NO. OOS
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 04-5388
Location: 04-MRN-0-TBRN
Project Number: M-S131(007)
E.A. Number: 04-929243
Date: December 14, 1988
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency and
the State on 06/13/77 and is subject to all the terms and conditions thereof.
This Program Supplement is adopted in accordance with Paragraph 2 of Article
II of the aforementioned Master Agreement under authority of Resolution No.
ZS tfo , approved by the Local Agency on 1- It! - 8? (See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
TIBURON BLVD. FROM BEACH RD. TO MAR WEST RD.
TYPE OF WORK: ROADWAY WIDENING & CHANNELIZATION
LENGTH: 0.5 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [J Right-of-Way []
[X] Construction Engineering [X] Construction
Estimated Costl
Federal Funds
Matching Funds
621,000 W36 $
$
Local OTHER
536,792 $ 84,208 $
o
OTHER
o $
o
CITY OF TIBURON
B~~ ~~t~
Francis X. Shaw; Vice-Mayor
STATE
Depart
CALIFORNIA
f Transportation
District 04
Date
R.~~/7:
Date
;/ z/'/ry
/ I
Attest
Title ~own Manager/rlp-rk
I herby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Office
Date
$
536792.00
Chapter/ Statutes
Program
IBCI
Fund Source
AMOUNT
313
1988
2660-101-890(a)
88-89
20.30.010.200
C 229020 892-F
536792.00
kECElliJ?n
. ',",'" ,
JAN - 6 1989
BALA & S TR.I1NDGAARD
04-r\fRN-0-TBRN
M-S131(007)
DATE:December l4, 1988
PAGE: 2
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and/or the respective agencies as
determined by agreement at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the state's concurrence prior to
either award or rejection of the contract.
3. The Local Agency agrees the payment of Federal funds will
be limited to the Detail Estimate amounts approved by the
Federal Highway Administration in the Federal-Aid Project
Agreement (PR-2), or its modification (PR-2A), and accepts
any increases in Local Agency Funds as shown on the Finance
or Bid Letter or its modification as prepared by the Division
of Local Streets and Roads.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
5. Whenever the local agency uses a consultant on a cost plus
basis, the local agency is required to submit a post audit
report covering the allowability of cost payments for each
individual consultant or sub-contractor incurring over $25,000
on the project. The audit report must state the applicable cost
principles utilized by the auditor in determining allowable costs
as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs.
RESOLUTION NO. 2575
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON RESCINDING RESOLUTION NO. 2463 IN PART
WHEREAS, on August 5, 1987, the Town Council adopted its
Resolution No. 2463, ordering the correction of the view
obstruction caused by trees located on the property of Paul
Nathan, 1994 Centro West; and
WHEREAS, the Superior Court of the County of Marin has
issued its Order and a writ of mandate in Action No. 125428,
commanding the Town and the Town Council to rescind Resolution
No. 2463, insofar as it requires Paul Nathan to remove those
trees located along Reserva Lane and designated as trees No. 1-
18 in the administrative record of proceedings in said Action,
and to reconsider its order regarding said trees.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the
Town of Tiburon as follows:
1. The Town Council's order for removal of trees No. 1-
18 is hereby vacated and those parts of paragraphs 3,
5, and 6 of Resolution No. 2463 which refer to trees
1-18 are hereby rescinded.
2. Except as modified by this Resolution, Resolution No.
2463 shall remain unchanged and in full force and
effect.
PASSED AND ADOPTED at a regular meeting
Council of the Town of Tiburon on January 18,
following vote:
of the Town
1989, by the
AYES: COUNCILMEMBERS:
Mayberry, Coxhead, Shaw
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Duke, Logan
~J'S~
CIS X. SHAW, Vice-Mayor
Town of Tiburon
R. L.
draft date: December 28, 1988
final date: January 20, 1989
RESOLUTION NO. 2574
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
THE PARCEL MAP FOR THE SOMMER
2-LOT SUBDIVISION ON HILLCREST ROAD
RECITALS
A Parcel Map for the Sommer 2-lot subdivision on Hillcrest
Road has been submitted proposing the creation of two lots
where one currently exists.
The Parcel Map has been examined by the Town Engineer and
returned to the Town Clerk as required in Section 14.36 of
the Tiburon Subdivision Ordinance.
The Town Engineer has determined that the Parcel Map is in
substantial compliance with the approved Tentative Map.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the Parcel Map for the
Sommer 2-lot subdivision on Hillcrest Road.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on January 4, 1989 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
,
~/;;;::~~,.~ ,<--~
ATTEST:
R. &~ ERK
RESOLUTION NO. 2573
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING RECONVEYANCE OF
THE DEED OF TRUST SECURING SUBDIVISION
IMPROVEMENTS FOR LOTS 18-22 IN THE DEL
MADERA SUBDIVISION
WHEREAS , Universal Trading Company ("UTC") is the owner
and subdivider of that certain real property (hereinafter "the
Property") located in the Town of Tiburon, County of Marin,
more particularly described as follows:
Lots 18, 19, 20, 21 and 22, as shown upon that
certain map entitled, 'Map of Del Madera Subdivision
Lands of Tiburon Peaks Partnership, Town of Tiburon' ,
filed August 2, 1984 in Volume 19 of Maps at Page 23,
Marin County Records.
WHEREAS, the Town currently holds a deed of trust on the
Property, dated August 2, 1984, executed by UTC's
predecessors-in-interest, and recorded as Recorder's Serial No.
84-37322 in the Official Records of the County of Marin, which
deed of trust secures UTC's obligations under the Subdivision
Improvement Agreement for the Property, dated August 2, 1984;
and
WHEREAS, the Town Engineer has
Acknowledgement of Completion of the
improvements for the Property; and
issued his
required
Notice of
subdivision
WHEREAS, a claim of lien in the sum of $41,616.60 plus
interest has been recorded against the Property by Frost,
Meglio & Associates in connection with work allegedly performed
on the subdivision improvements for the Property; and
WHEREAS, it is now appropriate to release the security
for said subdivision improvements, subject to retention of
sufficient security for the Frost, Meglio & Associates claim.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of
the Town of Tiburon that, upon Town's receipt from UTC of
alternate security in the sum of $50,000, in a form approved by
the Town Attorney, the Mayor is authorized to, and shall,
execute all documents necessary for the reconveyance of the
deed of trust on the Property dated August 2, 1984 and recorded
as Recorder's Serial No. 84-37322 in the Official Records of
the County of Marin.
PASSED AND ADOPTED at a closed session
Council of the Town of Tiburon on January 4,
following vote:
of the Town
1989, by the
AYES: COUNCILMEMBERS:
Mayor Duke, Coxhead, Mayberry,
Shaw, Logan
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
/'
41
.- ........:i/ _<1"
),.:....~.-'">>,...~--- / ',./
- "-- .~ .,~ ~----
LAWRENCE J. DUKE, Mayor
Town of Tiburon
ATTEST:
R. ~~AGER/CLERK
draft date: January 4, 1989
final date: January 11, 1989