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HomeMy WebLinkAboutTC Res 1985 (June thru December) RESOLUTION NO. 2367 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING, CALLING AND CONSOLIDATING MEASURES WITH THE MUNICIPAL ELECTION ON APRIL 8, 1986 FOR THE PURPOSE ELECTING THREE OOUNCILMEMBERS BE IT RESOLVED that 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 8, 1986, for the purpose of electing three Town Councilmembers, the terms of the incumbents of which are about to expire. Section 2. MEASURE TO BE VOTED ON ~ YEAR BUILDING MORATORIUM INITIATIVE "Shall an ordinance providing for a two year moratorium on development and building construction in Tiburon, with eight listed exceptions and with a possible one year (or longer) extension, be enacted?" (See complete text of ordinance in the voter pamphlet section of the sample ballot) Section 3. MEASURE TO BE VOTED ON PERMANENT GlOWTB OONTRO,L ORDINANCE "Shall the Town of Tiburon, instead of enacting a two year (or longer) moratorium, adopt an ordinance that permanently controls growth by immediately limiting the issuance of building permits and setting standards to insure acceptable levels of traffic?" (See complete text of ordinance in the voter pamphlet section of the sample ballot) Section 4. CALLING 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 measure shall not exceed 300 words in length and must be submitted to the Town Clerk by noon, January 21, 1986. The rebuttal arguments shall not exceed 250 words in length and must be submitted to the Town Clerk by noon, January 29, 1986. Section 5. Reqistration to Close March 10, 1986. Registration for said election shall close on March 10, 19a6i no persons registered after that date will be entitled to vote at said election. Section 6. Procurinq and Filinq Nomination Papers. Nomination papers may be procured from the Town Clerk on January 9, 1986 and may .pot be circulated pr ior to January 9, 1986. Nominations papers must be filed with the Town Clerk no later than 5:00 P.M. on January 30, 1986. If an incumbent does not file for re-election to office by January 30, 1986, 5:00 P.M., the filing period for such office is extended until February 4, 1986, 5:00 P.M. for non-incumbent candidates only. Section 7. 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 8. 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 9. 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 10. Publishinq 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 tne polls open and close and the offices to be filled. ./ Section 11. Sample Ballot and Voter's Pamphlet Format. Directly following each ballot measure, a complete text of the proposed ordinance will be shown, followed by the Town Attorney's Impartial Analysis. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on December 23, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None None NOES: ABSENT: OOUNCILMEMBERS: COUNCILMEMBERS: ATTEST: R. RESOLUTION NO. 2366 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 TIBURON MUNICIPAL ELECTION TO BE HELD ON APRIL 8, 1986 WHEREAS, the Town_ Council of the Town of Tiburon has ordered an elect~on for April 8, 1986, 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 reimburseable 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 8, 1986: 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 to 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 an adjourned meeting of the Town Council of the Town of Tiburon on December 23, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson,- Coxhe~d, Smith, Bergmann None None NOES: ABSENT: 00 UNC I LMEMBERS : COUNCILMEMBERS: ~~ Town of Tiburon ATTEST: R. RESOLU'l'ION NO. 2364 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A FIVE YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1986-87 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE \ \ \ WHEREAS, the Town of Tiburon desires to continue to participate in the Fed~ral Aid Urban program for funding approved transport_ation projects as: author iged 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 requires that a program of projects approved for Federal Aid Urban funding be established by a countywide committee consisting of represenatives 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 Program and the formation of the Marin County Urban System Committee, and WHEREAS, the Marin County Urban System Committee did meet to review the program and new projects which had been submitted for consideration as part of a five-year program, and WHEREAS, the Marin County Urban System Committee did approve a five-year Federal Aid Program on November 13, 1985. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the five-year Fedeal Aid Urban Program of projects beginning FY 1986-87 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 December 18, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~.~ Town of Tiburon ATTEST: RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING REFORM OF INEQUITIES AND INJUSTICES IN THE "DEEP POCKET DOCTRINE" WHEREAS, the present joint and several liability law, also know as the "Deep Pocket Doctrine", has unfairly cost the cities of California millions of dollars in court judgments, settlements, legal costs, skyrocketing insurance premiums and difficulty in obtaining adequate liability insurance' coverage, and WHEREAS, this same doctr ine has also cost other, gover nmental bodies, business firms and professionals many millions of dollars, and WHEREAS, ultimately this cost is unfairly borne by the taxpayers and consumers of California, and WHEREAS, many cities, other governmental bodies, business firms and professionals are selected as defendants in lawsuits merely because of their perceived assets or insurance and often are found only fractionally at fault but must pay most or all of the judgment because the defendants most at fault cannot pay, and WHEREAS, the cost of this is unfairly borne by the taxpayers and consumers of California, and WHEREAS, the "Fair Responsibility Act of 1986" is an initiative measure that would give the voters of Californiaran opportunity to reform the inequities and injustices of the "Deep Pocket Doctrine" by holding liability lawsuit defendants financially liable in closer proportion to their degree of fault, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon endorses the "Fair Responsibility Act of 1986" and urges its support and passage to relieve the financial strain imposed on local government and its taxpayers. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 4, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : Bergmann ()LiZU STONE COXHEAD, VICE-MAYOR Town of Tiburon ATTEST: RESOLUTION NO. 2362 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING A TEMPORARY USE PERMIT FOR THREE PARKING LOTS OWNED BY MAIN STREET PROPERTIES WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section l. Findings. A. Main Street Properties has requested a Temporary Use Permit to allow continued operation of three (3) parking lots in the Downtown area at the following locations: Mar West/Tiburon Boulevard Adjacent to Bon Appetit Behind Bank of America B. The Town Council has considered the request and has determined that continued use of these areas for parking would be beneficial to the Downtown area and would not be detrimental to the health, safety or general wellfare of persons or property in the Town of Tiburon. C. The Town has determined that certain conditions should be imposed upon the granting of the Temporary Use Permit concerning the operations of the parking lots. D. The Town has advised Main Street Properties that the Council action conveys no rights whatsoever with respect to use of the subject properties as permanent parking lots. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of-the Town of Tiburon does grant to Main Street Properties a Temporary Use Permit to operate three (3) parking lots on property in Downtown Tiburon subject to the following conditions: l. The lots shall be maintained in a neat and clean condition satisfactory to the Director of Community Development. 2. The Use Permit shall expire one (I) year from the effective date of this Resolution or at such time as an amendment to the Master Plan for Main Street Properties requires a change in use. 3. Lighting shall be required as a condition of nighttime operation. Any proposed lighting shall be reviewed by the Director of Community Development to insure that offsite glare problems are not created. 4. At the termination of this Temporary Use Permit, the applicant shall follow direction of the Town Council relative to the condition of the parking lot surfaces. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 20, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None None~~ VALERIE W. BERGMANN, MAYOR Town of Tiburon NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: R. CLERK RESOLUTION NO. 2361 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING BELVERON DRAINAGE - STAGE I, BLACKIE'S PASTURE DREDGING, ACCESS ROAD CULVERT, AND MERCURY AVENUE CULVERT WHEREAS, work on the Belveron Drainage - Stage I, Blackie's Pasture Dredging, the Access Road Culvert and Mercury Avenue Culvert has been completed to the satisfaction of th~ Town Engineer. NOW, THEREFORE, BE IT RESOLVED that such work be accepted by the Town Council of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ Town of Tiburon ATTEST: RESOLUTION NO. 2360 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING 1985 STREET OVERLAYS PROJECT WHEREAS, all work on the 1985 Street Overlays Project was satisfactorily completed by W. K. McLellan Co. on October 18, 1985. NOW, THEREFORE, BE IT RESOLVED that such work be accepted by the Town Council of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~.~~ Town of Tiburon ATTEST: RESOLUTION NO. 2359 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the Constitution of the State of California provides that the total annual appropriatons subject to exceed the appropriations limit of such entity of government for the p~ior year adjusteq for changes in the cost qf living and population except as otherwise provided in said Article XIIIBi and WHEREAS, pursuant to said Article XIIIB of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interests of the Town of Tiburon to establish an appropriations limit for the Fiscal Year 1985-86i and WHEREAS, the Finance Director of the Town of Tiburon has determined that said appropriations limit for the Fiscal Year 1985-86 be established in the amount of $1,857,507. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit for Fiscal Year 1985-86 pursuant to Article XIIIB of the Constitution of the State of California be established in the amount of $1,857,507 and the same is hereby established. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 20, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~e~~~ Town of Tiburon ATTEST: Drafted: 10/18/85 85 0 5 2 , 7 8 RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING ZELINSKY DEED OF GIFT WHEREAS, EDWARD G. ZELINSKY AND BARBARA Z. ABRAMS have presented the Town with a deed of Gift of that certain real property located in the Town and more particularly described in Exhibit "A" attached; and WHEREAS, the Town Council desires to accept said gift. NOW, THEREFORE, BE IT RESOLVED, that the deed of gift of said real property is hereby accepted, and the Town Clerk is authorized to record said deed together with a certified copy of this resolution. PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on November 12, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ATTEST: R~~~CLERK ~ ; . ~. ~~. ..4' 4' Recording Requested By and When Recorded Return To: Town of Ti buron 1155 Tiburon Boulevard Tiburon, CA 94920 Tax Bill No. 58-171-41, 65 Tax Code Area 11-036, 11-037 !~t(;OImtO A' REOUtS I O~ AGENCY SHOWN 85 0 5 2 , 7 8 1985 NOY 25 AM 8; 00 OHICI/\L HECOfWS MARIN COUNTY CALIFORNIA No Fee OC6103 DEED OF GIFT EDWARD G. ZELINSKY and BARBARA Z. ABRAMS, Grantors, hereby give to the TOWN OF TIBURON, a Municipal Corporation, organized under the laws of the State of California, Grantee, all right, title and interest which they may have in and to that certain real property situate in the Town of Tiburon, County of Marin, State of California, and more particularly described in Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEREOF, the Grantors have hereunto subscribed their names #J' this ~ day of November, 1985. State of California) County of Marin ) On this, the (~ day of November, 1985, before me, IIL;e,A. L . ,(};AlI.iJJ the undersigned Notary Public, personally appeared EDWARD G. ZELINSKY and BARBARA Z. ABRAMS, /~ personally known to me /------1 proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal. _ omClAL SEAL AUCIA L RANKIN NOTARY~CAl.JFORNIA ., Mp c-. bpneJo.l, lA, "'7 '.' ~ 85 0 5 2 I 7 8 ./ ... Job No. 7l32-901 MAIN STREET PROPERTIES PROPOSED PARK PARCEL 7 B MAR WEST STREET AT TIBURON BOULEVARD All that certain portion of Parcel "A", per Parcel Map in the Town of Tiburon, filed December 7, 1978, in Book l5 of Parcel Maps, at Page 90, records of the County Recorder of the County of Marin, State of California, described as follows: BEGINNING at the most northerly corner of said Parcel"A", being a point on the southwesterly line of Lot 10, Point Tiburon, as per map filed February 16, 1984, in Volume 19 of Maps, at Page 4, records of the County Recorder of said County: thence South 65047'32" East along the northeasterly line of said Parcel ~"A" (Recorded South 65022'40" East), being also along the southwesterly line of said Lot 10, a distance of 190.23 feet: thence-South 36025'08" West 171.14 feet to a point on the southwesterly line of said Parcel"A": thence North 55055' 42" West along the southwesterly line of said Parcel "A" (Recorded North 55035' West) a distance of 128.67 feet to an angle point therein; thence continuing along the southwesterly line of said Parcel "A" and the westerly and northwesterly lines thereof, following its various courses, North 53039'39" West (Recorded North 53019' West) 39.83 feet: thence North 6037'04" West 46.31 feet (RecordedNorth 6016'25" West 45.88 feet) to the beginning of a non-tangent curve concave to the southeast having a radius of 975.00 feet, a radial line to said point bears North 48047'31" .West: thence northeasterly along the arc of said curve 103: 40 feet (Recorded 102.96 feet) through a central angle of 6004'34" to the POINT OF BEGINNING. Containing 0.67.7 acres, more or less. THIS DESCRIPTION WAS PREPARED FROM RECORDED DATA AND DOES NOT REPRESENT A SURVEY OF THE PROPERTY DESCRIBED HEREIN AND IS FOR THE PURPOSE OF DEFINING THE LOCATION AND AREA OF THE PROPERTY DESCRIBED HEREIN ONLY, AND IS NOT TO BE USED FOR CONVEYANCE OF TITLE OR INTEREST OR ANY QTHER PURPOSE WHICH MAY CREATE A VIOLATION OF THE SUBDIVISION MAP ACT. Approved By: 0ri~ 1. /l:n.,;;fr Donal L. mith, L.S. 3361 Prepared By: Tillson-Nuessmann & Associates 330l El Camino Real, Suite 100 Atherton, CA 94025 FYIHRTT A. 85 U 0 Z I l ti . fl .. f' DESCRIPTICX~ ~l that certain Real Property situate in the City of Tiburon, CoUnty of Marin, State of :alifomia, described as follows: )A:, A, as shown upon that certain map entitled, "Parcel Map of a Portion of Je' n 6.T.1S., R.5W., M.D.B.' M., in the City of Tiburon, Marin County, California", :1. for record December 7, 1978 in Volume 15 of P_qrcel Maps, at Page 90, Marin County ~~_.Js. ~CEPTING THEREFROM the title and exclusive right to all of the minerals and mineral )res of every kind and character now known to exist or hereafter discovered UpJn, with )r underlying said land or that may be produced therefrom including, without limiting :he generality of the foregoing, all petroleum, oil, natural gas and other hydrocarbon ;ubstances and products derived therefrom, together with the exclusive and perpetual ~ight of said Grantor, its' successors and assigns, of ingress and egress beneath ::he'surface of said land to explore fore, extract, mine and reIOOve the same, and to nake use of the said land beneatn the surface as is necessary or useful in connection ::herewith, whidl use may include lateral or slant drilling, boring, digging or sinKing Jf wells, shafts or tunnels, provided however, that said Grantor, its' successors !Jld assigns shall oot use the surface of said land in the exercise of any of said eights and shall "'oot disturb the surface of said land or any improvements thereon, or renove or repair the lateral or subjacent sUPfX>rt of said land or any improvements thereon, as reserved in the Deeds fran Northwestern Pacific Railroad Company, a coq::oration, recorded January 31, 1955 in Book 917 of Official Records, at Page 311, and recorded December 13, 1956 in Book 1079 of Official Records, at Page 616, Marin County Records. ".~. -..~ --.. . Exhibit ~ RESOLUTION NO. 2357 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE PRECISE PLAN FOR A RESTAURANT AND EXPANDED SEATING AT 5 MAIN STREET The Town Council of the Town of Tiburon does hereby resolve as follows: Section I. Findinqs. A. Edward G. Zelinsky, owner of Main Street Properties, has submitted an application for a Precise Plan for a restaurant named Guaymas, and to remodel and expand seating therefor at the structure located at 5 Main Street in the Town of Tiburon. B. The Town Council of the Town of Tiburon (Council) has considered the application and has found that the use could be in conformance with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon, provided certain conditions and modifications are applied to the use. C. The Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordinance, dealing with the PD (Planned Development) District. D. The Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101, Class la, Existing Facilities. Section 2. Approval. The Town Council of the Town of Tiburon does hereby approve amendment to the Precise Plan for a restaurant at 5 Main Street subject to the following conditions: 1. The seating shall be limited to no more than 224 seats enclosed within the building and 188 outside seats, as generally shown on the application plot plan by RNA, Inc., dated May 31, 1985. 2. Applicant shall comply with all requirements of the County Health Department and any other agen~y that regulates food or alcoholic beverage establishments. 3. Any music or entertainment provided shall not be audible beyond the area under control of the owner or lessee. 4. All doo~s shall be kept closed at all times except in cases of emergencies, to permit deliveries, or for normal ingress and egress by patrons. 5. No alcoholic beverages served on the premises shall be carried outside the building. 6. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and of the Building Official, including adequate ventilation, shall be satisfied prior to the commencement of the use of the area. -1- 7. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the conditions of approval are not being met, the Council may direct reconsideration of the Precise Plan and attach additional conditions, or the Precise Plan may be revoked. 8. The applicant shall comply with all conditions of the Tiburon Fire Department. 9. Applicant shall secure all necessary approvals from BCDC prior to occupancy of the outdoor seating for the restaurant. 10. Applicant shall provide 32 additional parking spaces for use by the expanded restaurant. Applicant shall provide said additional spaces in the temporary parking lot located at the corner of Mar West and Tiburon Boulevard until said lot ceases to be used for parking, at which time applicant shall provide the required 32 parking spaces in permanent parking locations in the Town to be determined by the Council after public hearing. While using the temporary lot at Mar West and Tiburon Boulevard, applicant shall move some of its tenants who presently park at the Beach Road and Main Street Lots to the Mar West Lot to make available more downtown parking. 11. This Precise Plan can be modified by application for a use permit under Section 21 of the Town Zoning Ordinance, provided, however, that the matter will pe heard by the Planning Commission with final action -by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 6 , 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~~ VALERIE W. BERGMANN, MAYOR Town of Tiburon ATTEST: M. R. L. KL~AGER/CLERK Date drafted: lO/3l/85 -2- RESOLUTION NO. 235~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION OF INTENTION NO. 2107 CIBRIAN DRIVg ASSESSMENT DISTRICT 83-1 The Town Council of the Town of Tiburon resolves: This Council amends Resolution of Intention No. 2107 adopted on May 4, 1983, by adding the following paragraph: The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon onNovernber ~ 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: (Jjilson , ~ jJ~0 tu VALERIE W. BERGMANN, M YOR~ Town of Tiburon RESOLUTION NO. 2355 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONFIRMING NO INTENT TO PURCHASE PROPERTY AT ONE SAN RAFAEL AVENUE WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section l~ Findings. A. The Town Council has approved a lot line adjustment at One San Rafael Avenue by Resolution 2338. B. The conditions of approval of the Resolution provide adequate safeguards to the Town to insure continued enjoyment of the Bay by restricting the location of future construction. C. The Town Council believes that construction can occur on the property within the guidelines outlined by the Town Council and not interfere with the goals and policies of the Town's General Plan. Section 2. No Commitment to Acquire. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon states it is not committed to acquiring the area at any time and will not be committed at least until January l, 1990. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 6 , 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~~~ VALERIE W. BERGMANN, MAYOR Town of Tiburon ATTEST: CLERK Date drafted: 10/31/85 RESOLUTION NO. 2354 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING JUANITA ZELINSKY UPON THE OCCASION OF HER 90TH BIRTHDAY WHEREAS, Juanita Zelinsky has been a resident of the San Francisco Bay area and the Tiburon peninsula for many years, and has contibuted in many ways to improving the quality of life in the Town of Tiburon, and WHEREAS, Juanita Zelinsky is the proud matriarch of two children, Barbara & Ed, six grandchildren and three great- grandchildren, and WHEREAS, as a tribute to both her interest and valued contributions to the Town of Tiburon, Juanita Lane was named in her honor, and WHEREAS, in 1980 Juantia and her husband Fred were designated by the Tiburon Peninsula Chamber of Commerce as Tiburon's "Citizens of the Year", and WHEREAS, the Town of Tiburon has benefitted tremendously from the generosity and thoughtfulness of Juanita Zelinsky, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby extend its heartfelt congratulations to Juanita Zelinsky on the occasion of her 90th birthday and wishes her many more years of a happy and fruitful life. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 16, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Lh~ Town of Tiburon ATTEST: RESOLUTION NO. 2353 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO LOUIS BRUNINI ON HIS 20TH ANNIVERSARY OF TOWN SERVICE WHEREAS, LOU BRUNINI joined Town Staff as the Superintendent of Construction and Maintenance on October 18, 1965, and was the sole employee in the Department at that time, and WHEREAS, LOU BRUNINI has been an active, conscientious, working Supervisor of Tiburon's Public Works Department, and WHEREAS, LOU BRUNINI has personally prepared for Town Council meetings at 80 Main Street, Del Mar School, Reed School and the Hilarity Community Room for 20 years, and WHEREAS, almost all Town employees have benefitted in one manner or another from Lou's assistance and expertise, ranging from fixing broken windows, to arranging holes in the wall for a certain copy machine, and WHEREAS, LOU BRUNINI has contributed not only to the construction of the Belveron Mini Park, but also to numerous public improvements, including, but not limited to park benches and plaques, and WHEREAS, LOU BRUNINI survived the downtown Tiburon Boulevard Improvements project, and WHEREAS, LOU BRUNINI is the Town's only reliable source of information regarding the drainage, roads, easements, trails, paths, etc., and WHEREAS, one of LOU BRUNINI'S more significant and memorable contributions to the Town was when he took the Parks & Recreation Commission's minutes of their meetings. NOW, THEREFORE, BE IT RESOLVED the Town Council of the Town of Tiburon does hereby commend LOU BRUNINI for his many outstanding contributions to the Town and extends its sincere appreciation to LOU BRUNINI for his years of dedicated service to the Tiburon community. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 16, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: C6E~.~ Town of Tiburon ATTEST: &I~ R.'L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2352 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PROCEDURES FOR APPROVAL OF INITIAL OCCUPANCY OF COMMERCIAL SPACE AT THE PLAZA. PT. TIBURON WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section l. Findinqs. A. The Northwestern Pacific Railroad Company, acting through its representative, the Southern Pacific Development Company, has heretofore submitted a Master and Precise Plan and Tentative Map for the development of approximately 38 acres of land owned by it in the downtown area of Town, which said plans have been approved. B. Innisfree Corporation has purchased the land and has submitted for approval modifications to the Precise Development Plan to allow administrative approval of certain retail commercial uses at liThe Plaza," said modifications are identified as follows: 1. Letter from Pt. Tiburon dated 8/5/85 with Exhibit "A" C. The Planning Commission (Commission) and Town Council (Council) have held duly noticed public hearings to review the proposed modifications. D. The Council has considered the proposed modifications, considered the consistency with the previously approved Master Plan and Precise Plan, and has determined that a Procedure relative to consideration of commercial uses as described and conditioned herein is consistent with the Downtown Plan and General Plan as well as other applicable regulations and that further modification to the previous approved Precise Plan is not required to accomplish this purpose. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby establishes the fOllowing procedures for approval of initial occupancy of commercial space at The Plaza, Pt. Tiburon: l. A Conditioned Commercial Permit shall be r~quired for all commercial occupancy at liThe Plaza." a. All applications for initial occupancy and such permit shall be reviewed and approved by a committee consisting of two members of the Planning Commission to be appointed by the Chairman and the Town Council Public Services Committee. b. All initial applications shall be considered by the committee at noticed public hearings. Such public notice shall be provided to: (l) A local newspaper. (2) All homeowners' associations within Town. (3) The Chamber of Commerce. -l- c. Subsequent applications for occupancy may be approved by Staff without public hearing if Staff determines that the proposed change in use is not substantially different from that originally approved. Staff at its discretion may refer applications to the committee for consideration and decision regarding proposed use. d. All applications for commercial use, whether considered by the committee or by Staff, shall be evaluated in accordance with the following cr iter ia.: (1) Is the use primarily resident oriented or is it tourist oriented? (2) Will use create significant environmental disturbance including but not limited to pedestrian and vehicular traffic, parking, noise, odor, litter, vibration, glare? (3) Is the use appropriately situated within the building and is it appropriately situated relative to surrounding uses? (4) Are proposed hours of operation compatible with surrounding uses, particularly residences? (5) Is the use consistent with the Downtown Plan, the General Plan, and all applicable policies and regulations of the Town of Tiburon? 2. All Conditioned Commercial Permits shall be subject to review by the Town at such intervals as may be directed by the Town Council for the purpose of determining whether or not conditions of approval are being met. In the event it is determined that conditions are not being met, the Council may direct reconsideration or revocation of the Permit. 3. All other requirements and conditions of the Master Plan (Ordinance No. 219 N.S.), Precise Plan (Resolution No. 1090 and 2168), and Tentative Map (Resolution No. 1113 and 2168), whether specified above or not, shall be me t . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 2, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~w~ Town of Tiburon CLERK Date drafted: 8/30/85 Date revised: 9/24/85 Date revised: 10/2/85 -2- RESOLUTION NO. 2351 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON TO CLOSE GREENWOOD BEACH ROAD TO THROUGH TRAFFIC WHEREAS, the residents of Greenwood Beach Road have petitioned the Town Council of the Town of Tiburon to authorize closure of Greenwood Beach :Road to-through vehicular traffic for greater safety and enjoyment of pedestrian and bicycle traffic~ and WHEREAS, California Vehicle Code Section 21101(f) authorizes the Town to prohibit entry to and/or exit from any Town street in order to implement the Circulation Element of its General Plan, and further provides that such regulations are to be consistent with the Town's responsibility to provide for the health and safety of its citizens; and WHEREAS, the Circulation Element of the Town's General plan provides that Greenwood Beach Road should be closed to through traffic at its entrance to Blackie's Pasture, with provision made for the emergency passage of public safety vehicles only; and WHEREAS, the Town Council finds that the closure of Greenwood Beach Road to through vehicular trffic would promote the public health and safety, and would preserve and promote the tranquil and parklike setting of the Richardson Bay Wildlife Sanctuary~ and WHEREAS, the Town Council finds that closure of Greenwood Beach Road to through vehicular traffic would be in the best interest of the citizens of the Town and those members of the public at large who enjoy the great beauty and tranquility of Richardson Bay; and WHEREAS, provision will be made for the passage of public safety vehicles. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby authorize the closure of Greenwood Beach Road at its entrance to Blackie's Pasture, to all through vehicular traffic with the exception of the emergency passage of safety vehicles only. PASSED AND ADOPTED at a regular meeting of the Town of Tiburon on October ~, 1985, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bergmann, Coxhead, Smith, Spratling Wilson None ~~ TOWN OF TIBURON ATT~~ R. L. KLEINERT, TOWN MANAGER/CLERK Date drafted: 9/12/85 RESOLUTION NO. 2350 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING PROPOSAL FOR SPECIAL ASSESSMENT PROCEEDINGS IN THE PRESERVE AT TIBURON The Town Council of the Town of Tiburon resolves: PERINI LAND AND DEVELOPMENT COMPANY ("the developer") proposes to undertake the construction of public improvements required for the development of The Preserve at Tibu~on, both intract and off tract. The developer proposes to this Council that the Town Council undertake special assessment proceedings to acquire these public improvements after their completion, the cost of the acquisition to be assessed on the property of the developer benefiting from the improvements. This Town Council accepts this proposal in principle, subject to the following conditions: l. That the special assessment proceedings shall be taken under the Municipal Improvement Act of 19l3, with improvement bonds to be issued under the Improvement Bond Act of 1915. 2. That the described improvements shall be certified by the Director of Public Works as complete and ready for acceptance before the adoption of the resolution of intention. 3. That the developer shall submit evidence satisfactory to this Council that the costs proposed to be assessed shall have been actually incurred and paid, and that the land proposed to be assessed shall be free of mechanics' liens resulting_ from the construction of the improvements. This resolution shall in no way constitute a guarantee or assurance that the special assessment proceedings will be completed, the Town Council being without jurisdiction to assure the levy of special assessments until conducting a public hearing as required by the Municipal Improvement Act of 1913. * * * RESOLUTION NO. 2349 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING VOLUNTEER TOWN ~RKERS AS EMPLOYEES WHEREAS, certain persons perform voluntary service without pay for the Town of Tiburon WHEREAS, the Town is authorized by Labor Code Section 3363.5 to designate such persons as employees for purposes of worker's compensation insurance; and WHEREAS, it is the desire of the Town Council of the Town of Tiburon to so designate such volunteer workers. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that any person who performs voluntary service without pay for the Town of Tiburon shall be deemed to be an employee of the Town for purpose of worker's compensation insurance while performing such service as authorized by Government Code Section 3363.5. Persons performing such voluntary work shall notify the Town Manager in writing, in advance of the performance of such voluntary service of their name, address, telephone number, the nature of the work to be performed and the date and time when such voluntary service shall be performed. The Town Manager shall maintain a roster of such volunteer workers. The Town reserves the right to terminate the voluntary service of any individual worker if such volunteer services are not needed,or the specific volunteer is not performing the profered services satisfactorily. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 2, 1985, by the following vote: AYES: COUNCILMEMBERS : Spratling, Wilson, Coxhead, Smith, Bergmann NOES: ooUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ Town of Tiburon ATTEST: ~~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 9/26/85 RESOLUTION NO. 2348 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FORBLACKIE'S PASTURE WHEREAS, The people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the state; and. WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for development rehabilitation or restoration of the project; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby: l. Approves the filing of an application for 1984 state grant assistance for the above project; and 2. Certifies that said agency understands the assurances and certification in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project, and if the project is selected for state grant funding; 4. Certifies that said organization will provide construction plans and specifications to the state within one year of the appropriation of funds under this program and will commence work immediately after state approval; and -l- 5. Appoints the Town Manager as agent of the Town of Tiburon to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of-Tiburon on September 24 , 1985 by the following vote: AYES: COUNCILMEMBERS: Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ~~}~~,~ Town of Tiburon Date drafted: 9/12/85 -2- RESOLUTION NO. 2347 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN EXTENSION OF TIME FOR FILING THE FINAL MAP FOR UNIT II OF THE LA CRESTA SUBDIVISION WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section 1. Findinqs. A. ~he Planning Commission and Town Council of the Town of Tiburon have received and considered the request of La Cresta Investors for an extension of time to file the Final Map for Unit II. B. The Town Council of the Town of Tiburon approved the Tentative Map submitted by La Cresta Investors (formerly Nana Enterprises) for the development of 29 single family lots on November 18, 1981. C. The Tiburon Subdivision Ordinance states that a Tentative Map shall automatically expire 24 months from the date the map was approved by the Town Council unless the Final Map has been duly recorded by the County Recorder or unless extended by action of the Planning Commission and Town Council. D. The Town Council has held a hearing for the purpose of reviewing the request and receiving comments from the public. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon grants a one (1) year extension of the expiration date for Unit II of the La Cresta Subdivision Map from November 18, 1985 to November 18, 1986 subject to the following condition: 1. Prior to the submission of the Final Subdivision Map, applicant is to prepare a Landscape Plan, tank painting plan and irrigation plan to be reviewed and approved by the Board of Adjustments and Review to reduce the visibility of the water tank. The landscaping is to be installed on the site or guaranteed prior to the recording of the Final Map. Applicant is encouraged to initiate the process as quickly as possible so that there is no delay in the filing of the Final Map. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1985 by the_ following vote: AYES: OOUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None Lk~ Town of Tiburon Date drafted: Revised: 9/12/85 9/18/85 RESOLUTION NO. 2346 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON STATING ITS INTENTION TO UNDERGROUND UTILITIES AT THE INTERSECTION OF TIBURON BOULEVARD AND SAN RAFAEL AVENUE WHEREAS, Ordinance No. 41 N.S. of the Town of Tiburon establishes a procedure for the creation of underground utility districts and requires as the intial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead struct~res and the subsequent underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, notice of such public hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and 'l) WHEREAS, it has been recommended that such an underground utility district, hereinafter called the Tiburon Boulevard/San Rafael Avenue Intersection Utility Undergrounding District, be formed at the intersection of Tiburon Boulevard and San Rafqel Avenue; and WHEREAS, The Town of Tiburon, City of Belvedere, and the County of Marin have proposed to jointly share their Rule 20A allocations from PG&E in the estimated cost of $240,000 of installing utilities underground; and WHEREAS, the proposed utility undergrounding area at the intersection of Tiburon Boulevard and San Rafael Avenue has been determined by the Town Council of the Town of Tiburon to have a heavy volume of vehicular and pedestrian traffic and to have significant public and scenic interest. NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Ordinance 41 N.S. of the Town of Tiburon, the above described area is hereby declared an Underground Utility District of the Town of Tiburon. Attached hereto, marked "Exhibit A", and hereby incorporated as a part of this Resolution, is a map illustrating boundaries of said District. NOW, BE IT FURTHER RESOLVED, that the Town Council does hereby fix 15 July 1986 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communications, or similar associated service within the subject Underground Utility District on or before 20 September 1986. / " NOW, BE IT FURTHER RESOLVED, that the Town Clerk is hereby instructed to notify all affected utilities and all persons owning real property within the subject Underground Utility District of the adoption of this Resolution within ten (10) days after the date of such adoption. The Town Clerk shall further notify said propety owners of the necessity that, if they or any person occupying such property desire to contiue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed in this Resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this Resolution together with a copy of said Ordinance 41 N.S., to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSTAIN: OOUNCILMEMBERS: None (~~~ VALERIE W. BERGMANN, ~ R Town of Tibuorn Drafted: 9/l1/85 RESOLUTION NO. .lliL. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE APRIL 1985 BELVERON GARDENS PRELIMINARY DESIGN OF DRAINAGE AND STREETS IMPROVEMENTS AS AN AMENDMENT TO THE '!OWN OF TIBURON MASTER DRAINAGE PLAN WHEREAS, the Town Engineer has prepared a report entitled Belveron Gardens Preliminary Design of Drainage and Streets Improvements, April, 1985, as an amendment to the Tiburon Drainage ,Master Plan, and : WHEREAS, said report represents revised findings of the Town Engineer to reflect drainage and streets improvement~ necessary to maintain the public health and welfare of Tiburon residents in the Belveron Gardens neighborhood of Tiburon. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby adopt the Town Engineer Report, entitled Belveron Gardens Preliminary Design of Drainage and Street Improvements, April, 1985, as an amendment to the Tiburon Drainage Master Plan. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSENT: OOUNCILMEMBERS: None ~(~ VALERIE W. BERGMANN, MA R Town of Tiburon ATTEST: R. Drafted: 9/11/85 \ \ I RESOLUTION NO. 2344 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE SCHONFELD PRECISE PLAN AND TENTATIVE MAP WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The applicant, Sidney Schonfeld, has submitted a Precise Plan and Tentative Map proposing a subdivision and creation of 27 to 28 residential condominium units on Assessor's Parcel Nos. 58-182-03, 07, 14 and 58-212-03, 05, 06, 07 and 09. B. The Master Plan was approved for 27 units with the provision that one additional duplex unit could be allowed at a speci- fic location subject to certain findings being made by the Planning Commission and Town Council. The Town Council finds that the 28 units proposed by the applicant are acceptable and should be permitted. C. The Precise Plan and Tentative Map consist of the following documents: Precise Plan - Site Plan by Kurtzman Kodama, revised 7/17/85 Revised "A" clusters, dated 7/17/85 (elevations) Revised "A" clusters, dated 7/17/85 (perspective) Revised "A" clusters, dated 7/17/85 (sections and floor plans) "C" unit plan, dated 7/30/81 (2 sheets) "D" unit plan, dated 7/30/81 (2 sheets) "E" unit plan, revised 10/18/83 (2 sheets) Slide Repair Plan, by Donald Herzog Associates, revised 10/17/83 Grading & utility Plan, by Rhodes & Gardner, dated 10/7/83 Landscape Plans, by David Heldt Assoc., revised 6/21/85 (3 sheets) Tentative Map - Tentative Map, by Rhodes & Gardner, revised 7/17/85 D. An Environmental Impact Report was prepared for the project by Del Davis Associates and was certified by the-Planning Commission and Town Council (Resolution 2091). Certain miti- gation measures recommended in the EIR were incorporated in Town Council Ordinance 272 N.S. approving the Master Plan. E. The Town CouQcil has held duly noticed public hearings for the purpose of reviewing the application and receiving com- ments and recommendations from the public. F. The Council finds that the facts presented establish that the requirements of Section 10.4 (precise Plan) and Section 10.7.1 (Condominiums and Community Apartments) of the Tiburon Zoning Ordinance have been met and that the Precise Plan and Tentative Map as conditioned herein conforms to the Tiburon General Plan, the approved Master plan and other relevant Town policies. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby approves the Schonfeld Precise Plan and Tentative Map -1- subject to conditions and modifications as contained herein: 1. Development shall be restricted to a maximum of 28 units in locations shown on the site plan dated July 17, 1985. 2. All conditions imposed in approval of the Master Plan (Ord. 272 N.S.) are incorporated herein and shall be met except as specifically modified herein. 3. The applicant- shall comply with all applicable provi- 'sions of the Subdivision Ordinance relating to filing of the Final Map. 4. The applicant shall comply with all conditions and re- quirements of the Town Engineer including those listed in his letter of January 16, 1985. 5. Site preparation and grading operations shall not be allowed during the rainy season (November through April) unless authorized by the Town Engineer. All grading shall be completd within one (I) season. 6. All site preparation and construction activities shall be limited to weekdays between the hours of 8:00 a.m. and 5:00 p.m. unless otherwise authorized by the Town Manager in special, limited circumstances. 7. Residential construction shall not commence until archi- tectural details (color, material, etc.) and landscape plan have been approved by the Design Review Board. 8. The Declaration of Covenants, Conditions and Restric- tions (CC & R's) affecting the development shall be approved by the Planning Commission, Town Council, Town Engineer and Town Attorney prior to filing of the Final Map. 9. The applicant shall comply with the Below Market Rate (BMR) housing requirements of the Tiburon General Plan. The applicant has proposed, and the Town agrees, that said requirement may be met through the payment of in lieu fees. The required in lieu fees shall be in an amount determined according to the formula and calcula- tions shown on Exhibit "A" hereto, dated September 11, 1985, and shall be payable in full prior to the recor- dation of the Final Map. 10. Landscaping, as identified on the Landscape Plan, dated June 21, 1985, shall be maintained by the applicant for three (3) years from and after the date of landscaping installation. The Town shall inspect the landscaping at least annually for said period and may require the ap- plicant to make landscaping improvements to conform to the plan, as approved. The Landscape maintenance agree- ment, which may be part of the subdivision improvement agreem~ht, shall be reviewed and approved by the Town Attorney and shall include a bond to guarantee the applicant's performance. 11. Applicant shall submit to the Town Engineer for approval a schedule for completion of all site grading and im- provements, and shall, prior to issuance of any grading permit, post a refundable deposit, in an amount deter- mined by the Town Engineer and in a form acceptable to the Town Attorney, to guarantee completion of all of said site grading and improvements to Town standards, and according to the approved schedule. Prior to is- suance of any building, grading, or other permits, applicant shall enter into an agreement with the Town providing that in the event applicant fails to adhere to the schedule for completion of the site grading and/or improvements, or for any reason fails to complete said -2- work as required by the Town, applicant shall allow Town immediate access to the property to complete said grad- ing and improvements. Any monies necessary for the Town's performance of work in such a case shall be provided for out of applicant's deposit to the extent it is sufficient, or shall be paid or reimbursed to the Town directly by applicant. Said monies shall not thereafter be refundable to applicant. In the event that, and at such time as applicant completes the re- quired site grading and improvements, said deposit shall be refunded to applicant.. Notwithstanding the fore- going, the Town of Tiburon shall not be required to take any affirmative action, and any action undertaken by the Town of Tiburon shall be that which, in its,sole discre- tion, it deems reasonable to protect the public health, safety, and general welfare, and to enforce it and the regulations and ordinances and other laws. 12. Applicant shall enter into an agreement to defend and hold Town, its elective and appointed boards, com- missions, officers, agents and employees, harmless from any liablity for: (1) Damage or claims for damage for personal injury, including death; (2) damage or claims for damage to property, both real and personal, includ- ing but not limited to claims for inverse condemnation; any or all of which damages or claims for damages may arise from or be caused by applicant or applicant's contractors, subcontractors, agents or employees' opera- tions under this approval, whether such operations be by applicant or by any of applicant's contractors, subcon- tractors, or by anyone or more persons directly o~ indirectly employed by, or acting as agent for, appli- cant or any of applicant's contractors or subcontrac- tors. Said agreement shall provide that applicant shall defend Town and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. It is understood that the provi- sions of this paragraph shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not Town has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regardless of whether or not any insurance policies have been determined to be applicable to any such damages or claims for damages. 13. Applicant shall comply with all conditions -and requirements of the Town Engineer with respect to contol of construction vehicles, workmen parking and traffic circulation. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of tiburon on September 18, 1985, by the following vote: AYES: COUNCILMEMBERS: Bergmann, Smith, Spratling, Wilson NOES: COUNCILMEMBERS: Coxhead ABSENT: COUNCILMEMBERS: None LL . ALERIE w~ Town of Tiburon Date drafted: 8/6/85 Date revised: 8/13/85 Date revised: 9/12/85 -3- ( ( EXHIBIT "A" FILE 138307 PRECISE PIAN/TENI'ATIVE MAP (SCEDNFELD) IN-LIEU FEE CALaJIATION CDST '10 DEVEIDP A SINGLE RESIDENCE ON SI'IE OF 1500 SQ.FT. 1. ASStMPTIONS (Based on actual costs; data to be provided) A. Land cost/unit (assessed .vaJ:uation) $ B. Site improvements per dwelling unit (including landslide $ C. Construction cost repair) $ D. Develq>ment costs (Architecture, engineering, etc.) $ E. 'lOTAL CDST $ M)DERATE INCDME PURCHASE PRICE AFEORDABILITY CALCUIATION 1. ASSUMPTIONS 13.50% nortgage interest rate 90.00% loan to value ratio 10% down payment 32% of incate for total housing expense 29% of incane for nortgage payment 2. EOUR PERSON IDUSEWLD MEDIAN INCDME: $ 34,000 Mortgage payment Loan anount Property taxes Total nonthly payment $822 $71,401 $83 $904 Down payment $7,933 3. MAXIML1M AFEORDABLE PUlOIASE PRICE IN-LIEU FEE .CALeUIATION $ 79,335 1. Total cost, to devel~ residence $ - $ 79,335 $ 2. Affordable purchase price 3. IN-LIEU FEE PAYMENr PER WIT (subtract 12 from #1) 4. 'IOTAL IN-LIEU FEE PAYMENl' (28 du x 15% = 4.2 du) $ 9/11/85 RESOLUTION NO. 234$ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROPOSING A 1985 AYALA DAY SPORTS CHALLENGE TO THE CITY OF BELVEDERE WHEREAS, in 1974 the City of Belvedere and the Town of Tiburon met for the first (sporting) time on the Del Mar Gridiron, and WHEREAS, since that time these Tiburon Peninsula sporting giants have met annually in various competitive events, and WHEREAS, this year the Town of Tiburon residents would prefer to compete as members of their own team, thus requiring Belvedere residents to attend in sufficient numbers or face embarassing defeat by default, and WHEREAS, in accordance with the rules of proper gamesmanship in the spirit of competition, a rematch of last year's game is most appropriate. NOW, THEREFORE, BE IT RESOLVED that the Town Council o( the Town of Tiburon does hereby challenge the City of Belvedere to a volleyball contest and that a desirable date and location would by Ayala Day 1985, Sunday, October 6 on Angel Island. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~w~ Town of Tiburon ATTEST: RESOLUTION NO. 2342 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE RATE OF THE OVERRIDE TAX LEVY APPLICABLE TO THE TOWN'S 1972 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1985-86 WHEREAS, in 1972 the voters approved the issuance of Open Space Bonds by the Town of Tiburon to acquire certain real property; and WHEREAS, an override tax rate for 1985-86 applicable to this bonded indebtedness has been computed by the Marin County Contoller's Office; and WHEREAS, the computed tax rate per $100 of full value is .Ol5 for fiscal year 1985-86, and which has been approved by the Marin County Board of Supervisors; NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the rate of .015 per $100 of full value as the override tax levy applicable to the Town's 1972 Open Space bond issue for fiscal year 1985-86. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September l8, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~ . VALERIE ~~ Town of Tiburon CLERK Drafted: 9/11/85 RESOLUTION NO. 2341 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE PRECISE PLAN/TENTATIVE MAP FOR PARCEL B OF THE LITTMAN DEVELOPMENT ON OWLSWOOD ROAD WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section ~. Findinqs~ A. The Town Council of the Town of Tiburon has received and considered the request of Roger Hartley for, an amendment to the Precise Plan/Tentative Map to allow expansion of the adopted building envelope on Parcel B of the Littman Subdivision. B. The amendments to the Precise Plan and Tentative Map are described as follows: 1. Exhibit "A" dated 8/23/85, as amended 8/28/85. C. The Planning Commission and Town Council have held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public. D. The Town Council 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 does approve an amendment to the Precise Plan/Tentative Map subject to the following conditions: 1. All other conditions of Town Council Resolution No. 1118 shall apply. 2. Final building configuration shall be subject to review and approval by the Design Review Board. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 4, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CLERK Date drafted: 8/29/85 RESOLUTION NO. 2340 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PRECISE PLAN FOR A RESTAURANT AND EXPANDED SEATING AT 5 MAIN STREET The Town Council of the Town of Tiburon does hereby resolve as follows: Section 1. Findinqs. A. Edward G. Zelinsky, owner of Main Street Properties, has submitted an application for a Master and Precise Plan for a restaurant named Guaymas, and to remodel and expand seating therefor at the structure located at 5 Main Street in the Town of Tiburon. B. The Town Council of the Town of Tiburon (Council) has considered the application and has found that the use could be in conformance with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon, provided certain conditions and modifications are applied to the use. C. The Council has made affirmative findings consistent with the standards required in Section lO-IO of the Tiburon Zoning Ordinance, dealing with the PD (Planned Development) District. D. The Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101, Class la, Existing Facilities. E. In connection with his application, Zelinsky has offered to dedicate to the Town of Tiburon an area consisting of One Hundred Seventy-five feet (175') of land beginning at the southeast corner of Mar West and Tiburon Boulevard as shown on Exhibit "A" attached hereto, upon the following terms and conditions: 1. The land will be used only for civic purposes. 2. The land will not be sold. 3. The area will be named the Fred and Juanita Zelinsky Park. F. The Town of Tiburon desires to accept said offer of dedication, and in consideration therefor, the Council has agreed to approve an increase in density for the Zelinsky Master Plan and to provide for and accept certain temporary parking measures in connection with the application for approval of the Master and Precise Plans for Guaymas Restaurant. Section 2. Approval. The Town Council of the Town of Tiburon does hereby approve a Precise Plan for a restaurant at 5 Main Street subject to the following conditions: -1- 1. The seating shall be limited to no more than 224 seats enclosed within the building and 188 outside seats, as generally shown on the application plot plan by RNA, Inc., dated May 31, 1985. 2. Applicant shall comply with all requirements of the County Health Department and any other agency that regulates food or alcoholic beverage establishments. 3. Any music or entertainment provided shall not be audible beyond the area under control of the owner or lessee. 4. All doors shall be kept closed at all times except in Cases of emergencies, to permit deliveries, or for normal ingress and egress by patrons. 5. No alcoholic beverages served on the premises shall be carried outside the building. 6. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and of the Building Official, including adequate ventilation, shall be satisfied prior to the commencement of the use of the area. 7. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the conditions of approval are not b~ing met, the Council may direct reconsideration of the Master and Precise Plan and attach additional conditions, or the Master and Precise Plans may be revoked. 8. The applicant shall comply with all conditions of the Tiburon Fire Department. 9. Applicant shall secure all necessary approvals from BCDC prior to occupancy of the outdoor seating for the restaurant. 10. Applicant shall provide 32 additional parking spaces for use by the expanded restaurant. Applicant shall provide said additional spaces in the temporary parking lot located at the corner of Mar West and Tiburon Boulevard until said lot ceases to be used for parking, at which time applicant shall provide the required 32 parking spaces in permanent parking locations in the Town -to be determined by the Council after public hearing. While using the temporary lot at Mar West and Tiburon Boulevard, applicant shall move some of its tenants who presently park at the Beach Road and Main Street Lots to the Mar West Lot to make available more downtown parking~ -2- II. This Master Plan and Precise Plan can be modified by application for a use permit under Section 21 of the Town Zoning Ordinance, provided, however, that the matter will be heard by the Planning Commission with final action by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 4, , 1985 by the following vote: AYES: -- COUNCILMEMBERS: Spratling, Wilson, Cox head Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCI LMEMBERS : None ~.~ Town of Tiburon ATTEST: Date drafted: 9/4/85 -3- RESOLUTION NO. 2339 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING PHASE I OF THE PERINI PRECISE PLAN & TENTATIVE MAP Section I.. Findings. A. Applicant, Perini Land and Development Company, has hereto- fore submitted a Master Plan to develop a parcel of 51.9 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. B. An Environmental Impact Report was prepared by the Environ- mental Collaborative for this project and it has been reviewed by the Planning Commission and certified by the Council on September 5, 1984. C. The Town of Tiburon agreed, at applicant's request, to consider the Precise Plan and Tentative Map for the development on a phased basis. Phase I is designated as the area to be served by driveways and an access road off of Reed Ranch Road, and was approved for a maximum density of 10-13 residential parcels. Phase II, to be submitted at a later date, is desig- nated as the area to be served by access off Trestle Glen Boulevard, and was approved for a maximum density of 17-19 residential parcels. The findings and conditions herein relate to Phase I. D. Applicant has submitted a Precise Plan and Tentative Map for Phase I proposing the development of 13 residential par- cels. The Precise Plan is described as follows: 1. Maps identified as: a) Precise Plan/Illustrative Site Plan with Building Envelopes, revised 8/15/85 Sheet 1 of 9 b) Precise Plan/Existing Conditions Vegetation, dated 2/19/85 Sheet 2 of 9 c) Precise Plan/Tentative Map, revised 8/15/85 Sheet 3 of 9 d) Geologic Map, dated 4/2/85 Sheet 4 of 9 e) Precise Plan/Landscape Plan, dated 8/15/85 Sheet 5 of 9 f) Precise Plan/Offsite Drainage Rerouting Plan, dated 2/19/85 Sheet 7 of 9 Prepared by Backen, Arrigoni & Ross, and Anthony M. Guzzardo and Associates. 2. Written documents identified as: a) Declaration of covenants, conditions, and restrictions for the Perini-Tiburon Subdivision (19 pages). b) Perini/Tiburon Phase I Development, Belveron Drainage Rerouting Job No. 5235, dated Feb- ruary 7, 1985, by Schwartz Waag Associates, Inc. c) Geotechnical Investigation, prepared by Harlan, Miller, Tait Associates, dated May, 1984. d) Detailed Geotechnical Report regarding Phase I Development and Grading dated April 3, 1985, Project #521.2. E. The Tentative Map is identified as follows: 1. Map entitled Precise Plan/Tentative Map, dated 8/15/85, (also included as Item (c) of the Precise Plan). F. The Council has held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public, and has considered the recom- mendation of the Planning Commission. G. The Council finds that the facts presented establish that the requirements of Section 10-4 of the Tiburon Zoning Ordi- nance have been satisfied. The Council further finds that the Phase I Precise Plan and Tentative Map, as conditioned herein, conform to the Town's General Plan and other applicable requirements and regulations, and substantially conform to the provisions of the approved Master Plan. H. The Council has considered approving a lesser number of units than that proposed in the Precise Plan and finds that the 13 units proposed, subject to the conditions of approval here- in, are appropriate. Section 2. Approval. NOW THEREFORE BE IT RESOLVED that the Town Council hereby approves the Precise Plan and Tentative Map, for Phase I of the Perini Subdivision, subject to the following terms and condi- tions and as modified herein: 1. The Council approves the development of 13 residential building sites as shown on the map identified as Precise Plan/Illustrative Site Plan With Building Envelopes, dated August 15, 1985, 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 of a Final Map. 4. Applicant shall satisfy the requirements of the-Alto- Richardson Bay Fire District as may be required by the 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, at a minimum, comply with the conditions and re- quirements of the Town outlined in the Town Engineer's letter dated June 5, 1985, entitled "Perini Subdivision _ Phase I Drainage", as amended by his letter dated August 15, 1985. 6. Applicant shall submit improvement plans for the treatment of all retaining walls, if any, including proposed ma- terials of construction, landscaping and any 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 Re- view. -2- 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 filing of the Final Map. 8. The building envelopes and lot contoIs, as shown on the map entitled Precise Plan/Illustrative Site Plan With Building Envelopes, dated August 15, 1985, shall be at- tached to and made a part of the Declaration of Covenants, Conditions and R~strictions for the subdivision. 9. No building or gradin~ permii~ shall be issued ~or the construction of any resident~al or accessory structures until they have received site plan and architectural re- view and approval by the Town. 10. Building envelopes have been left large by the Town Coun- cil 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 design, location, and size of each proposed residence shall be the subject of hearings before the Board of Ad- justments 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 modifi- cation to the design, location and size of the proposed residence, where necessary, to minimize such adverse im- pacts. 11. The 24-foot building height limit established by the Master Plan may be exceeded by dormers, architectural features and chimneys to a maximum height of 30 feet, provided, however, that a) Said portions exceeding 24 feet must be approved by the Board of Adjustments and Review, and b) For lots 1, 2, 3, 4, 5 and 6, no structures, excluding dormers, architectural features and chimneys shall exceed a height of 15 feet above the highest street elevation along the street frontage of the lot, without prior Board of Adjustments and Review approval. The maximum elevation for the top of building envelopes for all lots, except lot 8, shall be the l75-foot eleva- tion. The elevation of the building envelope for lot 8 shall not exceed 24 feet above grade or the 205-foot con- tour, whichever is lower, without the approval of the Board of Adjustments and Review. 12. No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved primary or secondary building envelopes. In addition, no planting 06, trees or shrubbery shall be allowed along property boundaries which would have the effect or ap- pearance of fencing the property, as determined by the Board of Adjustments and Review. The Final Map shall provide notice of the building envelope restrictions. The CC & R's shall contain notice of the building envelope restrictions. 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 generat- ing 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 space -3- land. Construction activity in open space areas of the Perini Parcel shall be limited to necessary slope repair and drainage improvements, as approved by the Town Engi- neer. There shall be minimal intrusion on open space areas during construction. 15. Landscaping as identified on the final approved landscap- ing 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 mak~ landscaping improvements to conform to the "plan, as approved:. The randscape maintenance agree- ment, 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. 16. The Town Engineer, by letter dated June 5, 1985, entitled "Perini Subdivision - Phase I Drainage", and by amendments thereto in a letter dated August 15, 1985, has specified certain drainage improvements which must be constructed as part of Phase I. All of the improvements described in paragraphs 1 and 2 of said letter shall be installed and paid for in full by the applicant, without reimbursement from any presently developed or subdivided land or any Town of Tiburon owned land located within the watershed area. The Town of Tiburon shall have no obligation to impose drainage fees on any other lands in the watershed, whether for purposes of reimbursing applicant, or other- wise. Notwithstanding the above, the improvements speci- fied in paragraph 2 of said letter may, at the option of Town, be designed by the Town, and the contract for same awarded by the Town, in which event Town shall notify applicant of the bid amount and applicant shall forthwith pay said amount to the Town. No construction of improvements which generate additional runoff into the Belveron watershed shall be permitted until such time as the Town Engineer has first certified in writing that the drainage system proposed for the Perini Subdivision (a) does not adversely affect the existing Belveron drainage system, or (b) that the improvements necessary to the Belveron watershed drainage system have been completed or guaranteed and will be con- structed prior to the commencement of increased runoff as a result of this project. 17. Except as provided below, applicant shall pay a housing fee in lieu of constructing 15% of the housing units in the Phase I project for the low or 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 fil- ing of the Final Map for Phase I. Anything above notwith- standing, however, the in-lieu fees shall be waived if, on the date th~ Final Map for Phase I is filed, the drainage improvements required under paragraph No. 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 Munici- pal Code, in the sum of $500 per residential unit, shall be payable upon the filing of the Final Map for Phase I; provided, however, the in-lieu fees shall be waived if, on the date the Final Map for Phase I is filed, the drainage improvements required under paragraph No. 16 hereinabove have been completed or applicant has guaranteed completion of such improvements to the satisfaction of the Town. -4- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Auqust 21 , 1985, by the following vote: AYES: COUNCILMEMBERS: Larry Smith, Gary Spratling, Stone Coxhead, Jim Wilson NOES: None ABSENT: Valerie Bergmann (jJ.-. erL{ Stone'Coxhead, Vice-Mayor Town of Tiburon ABSTAIN: None ATTEST: ROBERT L. KLEINERT, Manager, Clerk Draft Date 8/27/85 -5- ~ . t,- '-L 30-May-85 TOWN OF TIBURON PERINI PROJECT IN LIEU FEE CALCULATION COST TO DEVELOP A SINGLE RESIDENCE ON SITE OF 1500 SQ. FT. 1. ASSUMPTIONS A. Land cost / unit @ 26~ of construction cost B. Site iffiprovement~ per dwelling unit c. Construction cost @ $50 per sqtia~e foot D. DevelopMent costs, @ 40~ of construction cost E. TOTAL COST MODERATE INCOME PURCHASE PRICE AFFORDABILITY CALCULATION 1. ASSUMPTIONS 13.50~ mortgage interes~ rate 90.00~ loan to value ratio 10,".d,O,w,l':). p a.y rnent 32~ of income for total housing expense 29~ of income for mortgage payment 2. FOUR pERSON HOUSEHOLD MEDIAN INCOME Total Nortgage Loan Property monthly payr'1ent arllc.unt taxes paymen~ $822 $71,401 $83 $'31214 Dowy, paymeYlt $7,933 3. MAXIMUM AFFORDABLE PURCHASE PRICE :.' IN LIEU FEE CALCULATION 1. Total cost to develop residence 2. Affordable purchase price 3. IN LIEU FEE PAYMENT (1 - 2 ) Exhibit " A ~ $19,500 $10,000 $75,000 $30,000 $134,500 ---------- ---------- $34,12100 ---------- ---------- ~79,335 ---------- ---------- $134,500 $79,335 $55, 165 ---------- ---------- RESOLUTION NO. 2338 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A LOT LINE ADJUSTMENT AT ONE SAN RAFAEL AVENUE WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. August Strotz, on behalf of Mary Hobbs, has submitted an application to adjust the property boundary line between two parcels of land. B. The property line adjustment is described in a map identified as Site Plan dated 6/3/85 and in a letter dated 6/6/85. C. The lot line adjustment has been reviewed by the Planning Commission (Commission) and Town Council (Council) and has been the subject of public hearings. D. Lot line adjustments not resulting in the creation of any new parcel are considered categorically exempt under the California Environmental Quality Act, Section l530S(a). E. The Council has considered the application and finds the applicant's offer to dedicate right-of-way presently containing a multi-use path in which the applicant ~ay or may not have certain rights, the offer to permanently restrict certain areas of the parcel from future development, and the proposal to remove existing structures from the property that presently encroach upon Richardson Bay to be appropriate offers to contribute to the public health and safety of the residents of the Town of Tiburon. Such offers bring the property into conformity with the open space and land use elements of the Town's General Plan. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the lot line adjustment at 1 San Rafael Avenue subject to the following conditions: 1. Applicant shall secure the appropriate approvals from the Bay Conservation and Development Commission prior to filing of a Final Map or the commencement of_ any construction activities. The Town Staff shall cooperate with the applicant in securing appropriate approvals. 2. The building envelope as shown on Exhibit "A" shall be the area within which construction of any new single family dwelling shall occur. The maximum height of the building envelope shall be no higher than 16 feet above existing grade. The area designated as secondary building envelope is intended to restrict construction that would interfere with existing views but is not intended to prohibit plantings and construction of minor improvements. Installation of structures, garden improvements and landscaping shall be allowed only after approval by the Tiburon Board of Adjustments and Review. -1- 3. Applicant shall submit appropriate documents for review and approval by the Town Attorney to ensure that the area southwest of the line of highest tidal action is permanent open space not available for construction and restricted in perpetuity. 4. The vegetation identified as "existing cypress trees" shall not be removed or eliminated in the future, except as necessary to prevent a threat to public health and safety with prior written notice to and approval by the Town. Trimming or:"windowing" shall be perm~tted subject to review and approval by the Tiburon Board of Adjustments and Review which should consider the planting of additional cypress trees to maintain the integrity of the plantings. ' 5. The Town Council acknowledges the proposed encroachment on the multi-use path right-of-way proposed in the lot line adjustment. The Town Council accepts a 3* foot easement over that Town property to be consistent with the existing fence line on the property to allow adequate access to the future building site, as shown more particularly on attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on August 21, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Cox head NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann ()L (2LQ STONE COXHEAD, VICE-MAYOR Town of Tiburon Date drafted: 8/1/85 Amended: 8/21/85 -2- ~-------~~--f'--- ~ -Jt--;. " I ;, ,._r_ ~ ~~~~d- ",k, I )l , ~I . II . I, . . D' I II ., I L ..-----------__J " ~_Ht.. _'!3:~._,._.!!3:'_.. . , . .. #-- 1(1-(1' 2 SITE 1/. LrLL.ur,.,..1,1' 1/2" '\ " ", ....---.- -. ....- ~...- PLAN 1 VICINITY MAP , 3' " J/.' 0 l' 2' " ~____ ._..~1.&.. ,-- . -----........._- ~1 11 ZONNG MAP ".r ~_L~l'. _ _~. 1V1" 0 I' 2' ~--..o.______--------.:_-"" I J- L .__ _ _ . _ . _ . !' . '.. _" .. ltC' .,.. H' " . I- """'to ...,tII' - ".U 4Cl"AJItOIMG.,t A.II. .ut-....r A l.I.a,~'.I"~'1U A_C"'"C1Ull i....U '.1"....''''... ....' ,..... .OU.........,. P 1\...... lew6 tleulOH. (,A t'I" 'h It'!" 411. 1100 eNlc"'tI,' -Ll t Jl' I '-- --"-------------, , L_ -l-----,-_ r------ I I XI , ~ -- ,--:"'t. --- -----------..----, ........" I _,. '" " ........... .&or ,+P.... @ U. III _..!II..... ---- ... _.......""" "".... /1(1 t~ -....- IIfYISIOHS 25 IIESlDENCE FOR ..". ".HOBBS a &AN "AfAEl AYE. ".UIIOM, CA. ".20 ~ a.r .-..a- ~ -..."., ...... ..... ' .,. .... ., .tt -&u...w) &e, II IlC._, ft.'''' u'u_ __I .~) ..J.&.o.aal ,..- .. ..... .IWII ... EXHIBIT A liT! 'LAN ..,. 51 ...... RESOLUTION NO. 2337 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MINOR SUBDIVISION FOR MAIN STREET PROPERTIES WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section 1. Findinqs. A. Edward Zelinsky, on behalf of owners of property on Tiburon Boulevard, has submitted an application to modify lot lines between two parcels of land to provide conformity with building locations and to allow dedication of certain rights of way. B. Property is identified as Tentative Parcel Map with a revision date of November 2, 1984. C. The lot line adjustment has been reviewed by the Planning Commission (Commission) and Town Council (Council) and has been the subject of public hearings. D. The creation of two parcels in different configurations does not modify the Master Plan for Zelinsky Properties in downtown Tiburon and is considered to be categorically exempt under the California Environmental Quality Act, Section 15305(a). E. The Council has considered the application and the recommendation from the Commission and finds that the adjustment of the lot lines is appropriate, is in conformity with the Zelinsky Downtown Master Plan, is in conformity with the Downtown Plan, and other elements of the Town's General Plan. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the Tentative Parcel Map providing an adjustment of lot lines along Tiburon Boulevard and Beach Road subject to the filing of a Final Parcel Map in conformity with the Subdivision Map Act. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on Auqust 21, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead NOES: COUNCILMEMBERS: None ABSENT: OOUNCILMEMBERS: Bergmann ()~ eLf( STONE COXHEAD, VICE-MAYOR Town of Tiburon ATiit~ R. L. KLEINERT, TO MANAGER/CLERK Date drafted: 8/16/85 RESOLUTION NO. 2336 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXTENDING THE EXPIRATION DATE OF THE PRECISE PLAN FOR THE KUHNS SUBDIVISION WHEREAS, on September 19, 1984, The Town Council of the Town of Tiburon approved the Precise Plan submitted by William A. Kuhns for the development of approximately 3 acres of land located off Spring Lane; and WHEREAS, Section 10-4.L of the Tiburon Zoning Ordinance states that a Precise Plan shall automatically expire one year from the date the Plan was approved by the Town Council unless construction has commenced or unless extended by Resolutions of the Planning Commission and the Town Council. WHEREAS, the Planning Commission has considered a request by the applicant and has recommended a one (I) year extension. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby grant a one-year extension of the expiration date for the Kuhns Precise Plan from September 19, 1985 to September 19, 1986 subject to the conditions of Ordinance No. 294 N.S. and Resolution No. 2261. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on August 21, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead NOES: COUNCILMEMBERS: None \ \ ABSENT: COUNCILMEMBERS: Bergmann O.,L ~LQ STONE COXHEAD, VICE-MAYOR Town of Tiburon ATTEST: CLERK Date drafted: 8/15/85 RESOLUTION NO. 2335 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1 The Town Council of the Town of Tiburon resolves: I. On April 4, 1984, the Town entered into an agreement for certain geotechnical engineering services with DONALD HERZOG & ASSOCIATES, INC., in connection, with the Gilmartin Drive Assessment District No. 84-1, Town of Tiburon, Marin County, California. Said contract envisioned perfor~ance of-certain enumerated items of work for compensation set forth in that agreement. 2. A request has been rece i ved from said e,ng ineer for increased compensation because of changed conditions in connection with the performance of the work performed (the necessity for project winterization). Said request is attached hereto as Exhibit A. 3. An additional request for such payment has been received from Dean Rhodes of Rhodes and Gardner, Inc., the Assessment Engineer. Such additional request is attached hereto as Exhibit B. 4. This Council hereby approves the request for additional compensation to Donald Herzog & Associates, Inc., and directs that the compensation set forth in the agreement of $66,20l.00 lump sum be increased by $6,250.00 to $72,451.00. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 2l, 1985, by the fOllowing vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann O~ rZL-e STONE COXHEAD, VICE MAYOR Town of Tiburon ATT/r?l~ R. L. KLEINERT, TOW MANAGER/CLERK Drafted: 8/21/85 tm': . (\ \f '., , \ 'KJsch \ .. \ \ .;- [., " .. - ~~;:;-'~-i:~-("j~~7'-~) , . ,~/', ,,::-:;;,<. ,-- ,> / ~ .~ o.u ~~~ ) / /' Kss ~~:5 ", .---' ~--. , t" ~,/" " , ~/;d..'>0 ":~: '. ." \. /;/'( " " ,;{ <'-:'" -, ' ~J~I :1' /. '~., .~,'~\' '. J' -.'_ ' . :_;~'_ \ ,.I j --........ \ ' ~.. '., \ DONALD HERZffi & ASS([:IATES, INC. GEOTECHNICAL CONSULTANTS February 11, 1985 997.1.3.1 Gilmartin Drive Assessment District c/o Rhod~s and Gardner 319 Miller Avenue Mill Valley, CA 94941 Gentlemen: Budget Request Gilmartin Drive Assessment District Tiburon, California We respectfully request an additional budget authorization to cover the geotechnical design, consultation, and observation services required for project winterization. At the time of our April 4, 1984 agreement for engineering services, it was anticipated that the work would be finished during the 1984 construction season and that winterization would not be required. Therefore, winterization was not included in the scope of services outlined in that agreement. The winterization work required for the 1984-1985 win~er included consultations with the project civil engineer and the City Engineer; developing a winterization plan; meetings and consultations with the contractor concerning implementing the plan; and geotechnical observations during the implementation and maintenance of the winterization measures. These services amount to $6,250, and we respectfully request that our authorized budget be increased by this amount. We appreciate your attention in this matter. If you have any questions or wish to discuss this further, please call. Yours very truly, DONALD HERZOG & ASSOCIATES, INC. (}d-<;J/2 Donal~ ~erzog, ~ Civil Engineer - 18093 DH:gmh/37-7 Three copies submitted EXHIBIT A Offices: 0275 Miller A\'(?nue. Mill Valley. California 94941 (415) 383-7740 o 3000 Cleveland Avenue. Santa Rosa. California 95401 (707) 523-3880 02180 JetTerson Street. Suite 107. Napa. California 94558 (707) 224-5411 . Soil Engineering. Engineering Geology and Laboratory Testing for Buildings. Dams. Landfills. Rridl!es and Roads 11 / ')'1;.. /'-'''l 'i / .....\. '( "',~: ~_._..".~: /J{ rr _~ : __'~ :.~ :.::. ~ J, >.., :......1 , Q. \~. \ ",.,~II W. 0,) ,'_;_.J ;-i ~ C C: L:::; , N 0 G J:.. R D N E R, i ;\! C. .... t.: --:S, - ''tro.' . c : '/ : I ~:::' c; I ~J E E Fi " S U r~ \/ E '( 0 8 .. L;~ i' i D P 1-1\ ~'J f\J ;: R -"":Jl~~~"r' ----1 ,\.1.,'...'"..... VALL. f" I I,! ",~~:,~,~>' . ~ I >.':;':l~'~ _ .'.... ~." I", ~ j 319 !ViILLER ;\VEi\IUE Q.Vi41 ,,2,~}..=j.-;.S(;5 , (:9-"- ~'7.i 1 April 25, 1985 Sturgis, Ness, Brunsell & Sperry P.O. Box 8.808 Emeryville, Cal. 94662 Attn: Edwin Ness Re: Contract between Town of Tiburon and Donald Herzog & Assoc. Gilmartin Drive Assessment District No. 84 - 1 As part of the assessment district formation, the Town Council of the Town of Tiburon authorized, by resolution, a contract agreement between the Town and Donald Herzog & Assoc. for the performance of certain soil engineering requirements for the construction of the subdivision improvements. Under Section 2. (a) of the contract, the fee for such services was to be "A lump sum fee in the amount of $ 66,201.00.". Monies in that amount were set and provided in the assessment bond funding, and are available in the Town treasury. However, it was the understanding by Herzog that the construction work would be completed prior to the winter season of 1984/1985. His office had already expended funds for design of winterization criteria for the winter season of 1983/1984 and he did not inclu~e in his contract fee amount the monies for the personnel to design, control, and inspect the site for winter season protection for a second season. Since the contract for construction work on the site was delayed and not awarded until late fall of 1984, the work could not be completed before the site had to be closed-up for the winter, special protection provisions designed and installed on the site, and the site periodically inspected during the winter season of 1984/1985. This work was the responsibility of the soil engineer, with the approval and participation of the Town Engineer. I ther~fore agree that the request by the Soil Engineer is reasonable for additional compensation to cover costs above that anticipated and provided for in the assessment district contract, and recommend that the assessment district provide the funds out of the general contingency fund when the billing for such extr~ work is submi tted 0_ /_ _ ( ;_' I remain, !L./ '" {0c~L.-) D.A. Rhodes Assessment District Engineer EXHIBIT B RESOLUTION NO. 2334 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in Gilmartin Drive Assessment District No. 84-1, Town of Tiburon, Marin County, California, this Council approves that certain agreement between the Town of Tiburon and PACIFIC GAS AND ELECTRIC COMPANY, dated August 21, 1985, and attached to this resolution. The Vice Mayor is authorized to sign the agreement and the Town Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 21, 1985, by the following vote: AYES: COUNCILMEl4BERS: Spratling, Wilson, Smith, Coxhead NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann OLtZL-fl STONE COXHEAD, VICE MAYOR Town of Tiburon R. Drafted: 8/21/85 : :, )LUTION NO. 2333 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FIXING THE SALARY OF THE TOWN MANAGER WHEREAS, Chapter 2, Article II, Section 2-7 of the Municipal Code requires that the- salary of the Town Manager be determined and fixed by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby fix the annual salary of the Town Manager at $50,628.00, effective January 1, 1985. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~ VALERIE w.~ Town of Tiburon ATTEST: R. L. KLEINERT, RESOLUTION NO. 2332 A RESOLUTION OF THE TOWN COUNCIL OF THE TOw~ OF TIBURON APPROVING AN AMENDlvlENT TO THE PRECISE PLAN FOR THE SUBDIVISION LOCATED AT 4885 PARADISE DRIVE WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findinqs. A. The Town Council (Council) has received and considered the proposed amendments to the Master and Precise Plan submitted by Paul Kahn to modify and expand the existing building envelope for lot 13 as shown on the Tentative Map dated "received June 19, 1985" and the Planning Commission recommendation for approval. B. The Council has found the use is in conformance with the intent of the General Plan of the Town of Tiburon. C. The Council has made affirmative findings consistent with the standards required in Section 10-4 of the Tiburon Zoning Ordinance dealing with the RPD-l Residential Planned development and Open Space District. / NOW, THEREFORE, the Town Council approves modification to the Precise Plan subject to the following conditions: 1. All previous conditions of the Master Plan adopted October 18, 1978 and the Precise Plan adopted in August of 1979 be complied with. 2. The applicant provide evidence of the geologic stability of the proposed building envelope for lot 13 to the satisfaction of the Town Engineer and Building Official prior to issuance of a building permit for lot 13. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann NOES: COUNCI LMEMBERS : None ABSENT: COUNCIL~ililvmERS: None ~~~ VALERIE W.BERGMANN, MA R Town of Tiburon Date drafted: 8/2/85 RESOLUTION NO. 233l A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RELATING TO SEEKING AN ADMINISTRATIVE, LEGAL OR OTHER RESPONSIBLE REMEDY OR STAY TO KEEP THE FAIR LABOR STANDARDS ACT FROM BEING APPLIED TO LOCAL GOVERNMENT IN CALIFORNIA WHEREAS, on February 19, 1985, the United States Supreme Court iss~ed a decision in~Garcia v.s. San Antonio Metropolitan Transit Authority that has major financial consequences for California cities and counties, and WHEREAS, this decision makes state and local governments subject to the minimum wage, overtime pay, and recordkeeping provisions of the Fair Labor Standards Act (FLSA); and WHEREAS, California cities are attempting to understand the short-, mid- and long-term administrative and financial implications of this legislation and then to implement the FLSA in a timely and responsible manner; and WHEREAS, while it is unclear what the financial impact will be, it is estimated that compliance costs may be $300 million or more to California's cities and counties, and WHEREAS, this decision represents a radical reversal of the United States Supreme Court's prior decision in 1976 regarding the National League of Cities vs. Usery, NOW, THEREFORE, BE IT RESOLVED by the General Assembly of the League of California Cities assembled in annual conference in San Francisco, October 9, 1985, that the League, either alone or preferably in concert with other affected associations, shall actively seek an administrative, legal or any other responsible remedy to reverse or stay the FLSA from being applied to local government in California; and BE IT FURTHER RESOLVED, that the incoming President of the League of California Cities shall consider appointing a special ad hoc committee of appropriate officials to monitor the League's efforts and to report back periodically to the League's Board of Directors and membership on this most important matter. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: cOUNCILMEMBERS: None ABSENT: None ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: R. RESOLUTION NO. 2330 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING COMPLETION OF THE TIBURON BOULEVARD DOWNTON IMPROVEMENTS PROJECT NO. 81-t,['-04 AND ACCEPTANCE OF PROJEC'I' WHE~AS, all work on the Tiburon Boulevard Downtown Improvement Project No. 81-T-04 was completed on July 1, 1985. NOW, THEREFORE, BE IT RESOLVED that such work be accepted by the Town Council of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985, by the following vote: AYES: COUNC ILMElvlBERS : Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILME~1BERS : None \ ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: RESOLUTION NO. 2329 RESOLUTION DECLARING SURPLUS IN IMPROVEMENT FUND La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: On March 17, 1982, the Town Council adopted its Resolution of Intl?ntion No. 2009, as laterpmended, for publi,c improvements in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. Said Resolution of Intention, as amended, provided that any surplus in the improvement fund for said assessment, after comple- tion of the improvements and payment of all claims from the improvement fund, would be applied in accordance with Section 10427.1 of the Streets and Highways Code of the State of California. Said improvements have been completed. All claims upon the improvement fund have been paid. 1. A balance of $131,249.14 remains in the imPFovement fund for said assessment district, and said amount is surplus. 2. The amount of $131,249.14 shall be applied as a credit upon the assessments levied in La Cresta Assessment District No.1, in the manner provided in Section 10427.1 of the Streets and Highways Code. 3. In the event that additional funds are received by the Town from any source, such as refunds generated by utility agreements, such additional funds will be declared surplus and distributed at the time of receipt thereof. 4. The Clerk is directed to provide a certified copy of this resolution to the Cbunty Treasurer I s office for their use in making the.,credit to each assessment, as shown on Exhibit A attached hereto and made a part hereof. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann None NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None ~.~ Town of Tiburon ATTEST:$fi/ r/ R. L. KLEINERT~GER/CLERK Drafted: July 24, 1985 IMPROVEMENT FUND SURPLUS: PAGE 1 La Cresta Assessment District No. 1 Town of Tiburon Marin County, California -------------------------------------------------------------------------------- ASSESS NO. AMOUNT DESCRIPTION SURPLUS CREDIT STATUS $114,221.22 34-330-01 $7,291.60 114,221.22 34-330-02 7,291.62 3 114,221.22 34-330-03 7,291.62 4A 57,110.61 34-330-04 3,645.81 4B 57,110.61 34-330-05 3,645.81 5 114,221.22 34-330-06 7,291.62 6 114,221.22 34-330-07 7,291.62 7 114,221.22 34-330-08 7,291.62 8 114,221.22 34-330-09 7,291.62 9 114,221.22 34-330-10 7,291.62 lOA 82,239.28 34-330-11 5,249.97 lOB 31,981.94 34-330-12 2,041.65 114,221.22 34-330-13 7,291.62 114,221.22 34-330-14 7,291.62 13 114,221.22 34-330-15 7,291.62 14 114,221.22 34-330-16 7,291.62 15 114,221.22 34-330-17 7,291.62 16 '114,221.22 34-330-18 7,291.62 17 114,221.22 34-330-19 7,291.62 18 114,221.26 34-330-20 7,291.62 -------------------------------------------------------------------------------- $2,055,982.00 $131,249.14 AS OF 4/30/85 EXHIBIT ~. RESOLUTION NO. 2328 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE ANNUAL SALARY PROGRAM FOR THE TOWN OF TIBURON FOR FISCAL YEAR 1985-86 WHEREAS, Section 3-3 of the Tiburon Municipal Code requires that an Annual Salary Program be adopted for each fiscal year as part of the Personnel System of the Town of Tiburon, NOW,. THEREFORE, BE IT~ RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the Annual Salary Program of Fiscal Year 1985-86 composed of those schedules attached hereto, effective July 1, 1985, and made a part hereof as follows: 1. SALARY SCHEDULE A - Management Employees SALARY SCHEDULE B - Professional/Mid Management Confidential Employees SALARY SCHEDULE C - Non-Management Employees SALARY SCHEDULE D - Police Employees SALARY SCHEDULE E - Schedule of Overtime Rates, Wages, for Casual Employees and Mi leag e Reimbursement 2. 3. 4. 5. 6. SALARY SCHEDULE F - Health & Medical Insurance Program PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 17, 1985, by the following vote: AYES: COUNCILMEMBERS: Coxhead, Smith, Spratling, Wilson, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~ VALERIE w~ Town of Tiburon R.L. Drafted: 7/15/i5 POSITION Police Chief Director of Community Development SALARY SCHEDULE "A" MANAGEMENT EMPLOYEES 1985-86 LOW RANGE HIGH RANGE $ 3,419 $4,101 3,402 4,083 Superintendent of Public Works 2,803 3,364 2,870 Finance Director 2,392 POSITION Associate Planner Building Official Assistant Town Clerk Assistant Planner SALARY SCHEDULE "B" PROFESSIONAL/MID-MANAGEMENT CONFIDENTIAL EMPLOYEES 1985-86 LOW RANGE $2,000 2,050 1,640 1,700 HIGH RANGE $2,400 2,460 1,970 2,040 S A L A R Y S C H E D U L E "e" NON-MANAGEMENT EMPLOYEES 1985-86 position Low Range High Range Public Works Foreman 1,942 2,330 Maintenance Worker II 1,576 1,891 Maintenance Worker I 1,488 1,785 Department Secretary 1,468 1, 7 62 Secretary 1,265 1,518 S A L A R Y S C H E D U L E "D" POLICE EMPLOYEES 1985-86 STEP POSITION A B C D E POLICE SERGEANT 2,118 2,224 2,341 2,463 2,562 POLICE OFFICER 1,889 1,985 2,084 2,188 2,298 SECRETARY/DISPATCHER 1,472 1,550 1,631 1,713 1,802 CLERK/DISPATCHER 1,369 1,440 1,514 1,594 1,677 CADETS (Hour 1y) 6.51 6.83 7.14 7.46 7.82 SPECIAL PAY SCHEDULE Motorcycle Officer $35/mo. Canine Officer $35/mo. Juvenile Officer $35/mo. S A L A R Y S C H E D U L E "E" 1985-86 SCHEDULE OF OVERTIME RATES, WAGES FOR CASUAL EMPLOYEES, AND MILEAGE RE-IMBURSEMENT OVERTIME RATES Overtime compensation shall be paid for any time worked in excess of the normal working day and for call-back time at a rate of time and one-half. Double time shall be paid for any work performed on a holiday. All regular non-supervisory professional Town employees are eligible for overtime compensation which is applicable to all Departments. All overtime must be approved and authorized by the Department Head and/or Town Manager as set forth in Rule VII of Personnel Regulations. WAGES FOR cASUAL/PART-TIME/SEASONAL EMPLOYEES Service Hourly Rate Range $9.00 - $10.00 $4.00 - $6.00 $4.00 - $6.00 $7.00 - $8.00 $7.00 - $8.00 Minute Clerk Youth Work Programs Administrative Intern Casual Labor Casual Clerical MILEAGE REIMBURSEMENT The following rate shall be paid to an employee for use"of the employee's private automobile on authorized Town business: $.22 per mile S A L A R Y S C H E D U L E "F" 1985-86 HEALTH AND MEDICAL INSURANCE PROGRAM I. MANDATORY: A. Kaiser Health Plan (employee) or Blue Cross Health Plan (employee) B. $15,000 Life Insurance (employee) Standard Life Insurance Co. OPTIONAL: A. Kaiser Health Plan (Employee with I dependent) (Employee with 2 or more dependents) B. Blue Cross Health Plan (Employee with I dependent) (Employee with 2 or more dependents) C. CDS Dental Plan (Employee) (Employee with I or more dependents) D. AD & D Insurance (Standard Insurance Co.) E. Long Term Disabili1ty Insurance (Mandatory for all Police Personnel) F. Additional Life Insurance (Philadelphia Life Insurance) $73.42 169.27 4.80 l45.84 211.0l 338.54 391.76 17.09 42.37 .90 (2.04% of employee's gross monthly salary'b a maximum of $1,350) $5.00 per $5,000 II. TOWN MONTHLY CONTRIBUTION: A. Management Employees B. Miscellaneous & Mid-Management/ Professional Employees C. Police Personnel III. MAXIMUM CASH REFUND OF UNUSED AMOUNTS A. Management Employees B. Miscellaneous & Mid Management Professional Employees C. Police Personnel $225.00 175.00 236.00 $lOO/mo. 75/mo. 90/mo. RESOLUTION NO. 2327 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TIBURON SHORES PRECISE PLAN/TENTATIVE MAP WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. A Precise Plan and Tentative Map has been submitted by William Goldberg (applicant) for development of. an 8 lot subdivision on 5.63 acres of land on Gilmartin Drive at Stony Hill Road. B. The Precise Plan/Tentative Map is described as follows: 1. Narrative dated 5/15/85 2. Precise Development Plan (sheets 1 through 3) dated 5/15/85 3. Tentative Map dated 5/15/85 C. Said Precise Plan/Tentative Map has been reviewed by the Planning Commission (Commission) and Town Council (Council) and has been found satisfactory. D. A Negative Declaration of Environmental Impact has been approved for the project. E. A Master Plan for the development of the project site has been reviewed and approved by the Commission and Council. F. The Commission and Council have held duly noticed public hearings to review the Precise Plan to consider public input. G. The Council finds that the Precise Plan/Tentative Map as herein conditioned is in substantial conformance with the Master Plan. H. The applicant proposes to phase the development in accordance with the 5/15/85 narrative. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Council approves the Precise Plan/Tentative Map allowing for eight (8) lots provided that approval is conditioned as herein provided. 1. Applicant shall comply with all applicable subdivision regulatjons including final subdivision maps which shall be submitted in accordance with all requirements of the Town Engineer. 2. All utilities serving the development shall be underground. 3. All utilities shall be guaranteed by the serving district or comply in writing prior to recordation of the final map. 4. The applicant shall comply with conditions of the Richardson Bay Sanitary District as set forth in the June 6, 1985 letter from Nute Engineering. ~ 5. Applicant shall comply with conditions set forth in the 1/10/85 letter from the Fire Marshal. 6. Gilmartin Drive shall be offered for dedication to the Town. 7. No structure shall be erected in the development until the same has received a site plan and architectural approval in compliance with the appropriate sections of the Tiburon Zoning Ordinance. 8. .The applicant shail comply with the requirements of the Tiburon Boulevard Traffic Improvement Fund. 9. All requirements of the Town Engineer, including but not limited to those contained in the letter dated 6/4/85, shall be met. 10. Deed restrictions consistent with language contained in the applicant's 5/15/85 narrative as amended 6/19/85 and as described on sheet I of the Precise Development Plan shall be submitted to the satisfaction of the Town Attorney prior to Final Map recordation. II. Vehicular access to lot 6 shall be by way of an easement consistent with the description contained in the letter of 5/9/85 from Balfour Financial Corporation to William Goldberg. Said easement shall be recorded to the benefit of lot 6 concurrent with recordation of the Final Map. 12. All requirements of Master Plan approval shall be adhered to. 13. Construction activities shall be limited to weekdays between the hours of 8:00 a.m. and 5:00 p.m. The Town Manager may allow exceptions given special circumstances. 14. The CC&R's amended 6/19/85 shall be amended in paragraph 2 to read as follows: The owner of trees 4-13 (1-3) shall trim them to elevation 100 feet above sea level upon request of any property owner whose views are affected. The applicant shall submit appropriate documents for review and approval by the Town Attorney to ensure that the trees on lots 1 and 2 are not removed except upon approval of the Design Review Board. IS. The proposed trail easement dedication sha~l not be accepted. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 17" 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: N~ ATTES~~ R. L. KLEINERT, TOWN CLERK Date drafted: July 10, 1985 RESOLUTION NO. 2326 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1985-86 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 ~iscal year 1985-86. 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 1985-86, and all expenditures, encumbrances, transfers and appropriations set forth herein are also approved; and FURTHERMORE, BE IT RESOLVED: that the Town Manager may make adjustements 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 expenditure 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 an adjourned meeting of the Town Council of the Town of Tiburon on July 8, , 1985, by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Coxhead, Spratling L)U,AU~ ~U(~ VALERIE W. BERGMAN , MAYOR Town of Tiburon ATTEST: Drafted: 7/1/85 RESOLUTION NO. 2325 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PRECISE PLAN FOR BLACKIE'S PASTURE WHEREAS, The Town Council of the Town of Tiburon does resolve as follows: Section I. Findinqs. A. The Town Council approved a Precise Plan for Blackie's Pasture in 1982. B. A plan, further amended as a result of deliberations by the Design Review Board, Parks and Open Space Commission, and Planning Commission, has been referred by the Town Council to an ad hoc committee for further refinement. C. The Town Council and other Town bodies have held public hearings and have received public testimony on the proposed Precise Plan; and D. The Town Council did consider various aspects of circulation, parking, landscaping and recreational use at Blackie's Pasture; and E. The Town Council finds that the Negative Declaration of environmental impact adopted in 1982 is an appropr~ate determination. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves of the Precise Plan entitled "Plan A" dated April 10, 1985, subject to the following considerations: 1. The Precise Plan contains the following elements: a. A total of 150 parking spaces, 50 of which shall be striped asphalt and 100 of which shall be for overflow consisting of compacted gravel with earth and native grass overlay. b. Two (2) ponds. c. A non-regulation playfield area. d. A passive recreation area. e. A sand volleyball court. f. Ret~ntion of the bicycle moto-cross track. g. A monument to Sam Shapero. h. Retention of Blackie's grave in its present location. i. Four (4) handicapped parking spaces near the water. j. An entrance sculpture or garden. 2. The "trestle" mound should be left intact except as needed for on-site fill. -l- 3. Detailed landscape plans, prepared by a licensed landscape architect showing planting and earth work, should be submitted to the Planning Commission for approval prior to construction. 4. Landscaping should consist of low maintenance, native plant materials. Landscaping should respect views from off-site. 5. Parking should not be provided west of the Greenwood Beach Road barricade. 6. The site should be rezoned from "A-2" (Limited Agricultural) to Up" (Parks, Open Space and Recreation). 7. No night illumination should be used. 8. The existing entrance from Tiburon Boulevard should be retained but the pavement should be narrowed to approximately 20 feet in width. 9. An unimproved but graded overflow parking area, capable of holding 75 vehicles, should be provided on the far side of the drainage channel. 10. The playfield area shall contain low, mounded topography intended to discourage organized field sports. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 8, 1985 , by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Coxhead, Spratling ~.~Nt~R~ Town of Tiburon ATTEST: CLERK Date drafted: 06/13/85 -2- RESOLUTION NO. 2324 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A COUNCIL POLICY ON STREET AND HIGHWAY LIGHTING SCHEDULE (CPUC) APPLICABLE TO STREET LIGHTING SYSTEMS IN TIBURON WHEREAS, alternative street light rate schedules are available at a more favorable rate to the Town than the existing LS-I rate schedules; and WHEREAS, there is a substantial savings to theTown in the expenditure of funds for street light electrical energy, providing a limited initial capital investment is made for a portion of the physical improvement; and WHEREAS, a schedule of fees known as LS-2-A, as provided by the State Public Utilities Commission is feasible within the scope of private subdivision development; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does hereby establish as follows: I. That all new private developments including subdivisions which are required to be underground shall provide funding so as to be placed on the LS-2-A schedule for street light facilities. 2. That all older developments requiring undergrounding shall provide funding so as allow the use of the LS-2-A schedule, or one more favorable to the Town. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on July 8, 1985, by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: CQUNCILMEMBERS: COUNCILMEMBERS: None ABSENT: Coxhead, Spratling ~~~ VALERIE W. BERGMA , MAYOR Town of Tiburon R. RESOLUTION NO. 2323 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE REVISED JOINT POWERS AGREEMENT FOR THE MARIN COUNTY MAJOR CRIMES TASK FORCE WHEREAS, the County of Marin Bnd the Towns and Cities of Belevdere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito and Tiburon desire to enter into a revised and expanded Marin County Major Crimes Task Force Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve said Joint Powers Agreement and Authorizes the Mayor to execute the Agreement. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on July 8, 1985, by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS: Coxhead, Spratling ~~&fW~ VALERIE W. BERGMANN MAYOR Town of Tiburon ATTEST: RESOLUTION NO. 2322 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE TOWN OF TIBURON TO INSTALL TRAFFIC CONTROLS AT SAN RAFAEL AVENUE AND TIBURON BOULEVARD -" WHEREAS, the City of Belvedere and the Town of Tiburon jointly agreed in 1983 to pursue the installation o~ traffic signals at the intersection of San Rafael Avenue and State Highway 131 (Tiburon Boulevard), and WHEREAS, a Cooperative Agreement between the State of California and the Town of Tiburon for the installation of a traffic control signal system and safety lighting on State Highway Route 13l and San Rafael Avenue intersection has been prepared, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve said Cooperative Agreement and authorizes the Mayor to execute Agreement. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on July 8, 1985, by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Coxhead, Spratling ~ ~i-.IM~ VALERIE W. BERGMAN , MAYOR Town of Tiburon ATTEST: R.~~~ RESOLUTION NO. 2321 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE FINAL MAP FOR THE MOITOZA LANE SUBDIVISION RECITALS A Final Map entitled Moitoza Lane Subdivision, dated February, 1985 (sheets 1 through 3),~has been submitted propos~ng creation of eight (8) parcels. The Final Map proposes no public dedication. The Final Map has been examined by the Town Engineer and returned to the Town Clerk as provided for in Section 14.36 of the Town Code. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does accept the Final Map of the Moitoza Lane Subdivision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 8, 1985 by the following vote: AYES: COUNCILMEMBERS: Wilson, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Coxhead, Spratling / ~~~ VALERIE W. BERGMANN, MAYOR Town of Tiburon Date drafted: June 26, 1985 RESOLUTION NO. 2320 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO JONATHAN HART WHEREAS, Jonathan Hart has been a Tiburon resident for over 2S years and has contributed immensely to the quality of life in the Tiburon community, and WHEREAS, Jonathan Hart is not only a man of strong Christian faith, but also a direct descendant of John Hart who signed the Declaration of Independence, and WHEREAS, after serving his country during World War II in the South Pacific, Jonathan Hart then resided in San Francisco and later moved to the Tiburon Peninsula in 1960, and WHEREAS, while residing in Tiburon, Jonathan Hart is remembered as an employee of Sam's Anchor Cafe, Manager of the Bottle Shop, a star performer in the "Rolling Corinthians" and for the past 16 years a dedicated and outstanding crossing guard for the Reed Union School District, and WHEREAS, Jonathan Hart has performed very efficiently his role as crossing guard and guided hundreds of school child~en safely across Tiburon Boulevard for numerous years, and has done so with genuine kindness, courtesy and good cheer. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby join with the Reed Union School District and St. Hilary's Church to extend their combined appreciation to Jonathan Hart for his many years of dedicated service and contributions to the Tiburon Peninsula Community, especially its children. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on July 8, 1985, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Wilson, Smith, Bergmann None Spratling, Coxhead ~~N~ Town of Tiburon R. L. KLEINERT, RESOLUTION NO. 2319 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING COMPLETION OF THE TIBURON BOULEVARD DOWN- TOWN IMPROVEMENTS PROJECT NO. M-513l (4) WHEREAS, W. K. McLellan Co. completed all work on the Tiburon Boulevard Downtown Improvements Project No. M-513l (4) ,on May 22, 1985. NOW, THEREFORE, BE IT RESOLVED that such work be accepted by the Town Council of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~/!~~~~ VALERIE . BERGMAN , MAYOR Town of Tiburon ATTEST: R. L. KLEINERT, RESOLUTION NO. 2318 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING SALE OF BONDS Community Facilities District No. 1985-l The Town Council OI the Town of Tiburon resolves: The Town Council accepts the offer of WULFF, HANSEN & CO. (attached to this resolution and by reference incorporated in it), to purchase all of the special tax bonds to be issued by Community Facilities District No. 1985-l, Town of Tiburon, Marin County, California. The Town Council directs the sale and delivery of the bonds to the offeror in accordance with the terms and conditions stated in the offer. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None COUNCILMEMBERS: Wilson ABSENT: ~B~ Town of Tiburon AT~ Municipal Financing Special Assessment and Revenue Bonds County City Special district Commercial Industrial Residential Hospital Public Street opening Sewer Water Landscaping ~.. \talks s 19 .ge 1101llC control Parking Meters Pedestrial malls Parks Playground Recreation Refinancing Renovation Dredging Reclamation WULFF, HANSEN & CO. ESTABLISHED 1931 INVESTMENT BANKERS 201 SANSOME STREET, 7TH FLOOR SAN FRANCISCO 94104 [415J 421-8900 June 19, 1985 (R) Town Council on behalf of the Tiburon Community Facilities District Town of Tiburon Tiburon, California Re: 1985 Special Tax Bond of Community Facilities District No. 1985-1 Series No. 1985-1, Town of Tiburon, California (the "Bonds") Dear Council Members: Wulff, Hansen & Co. hereby offers to purchase all, but not less than all, bonds to be offered by the Tiburon Community Facilities District Number 1985-1 (the "CFD 1985-1") under the Mello-Roos Community Facilities Act of 1982 as amended, to finance the acquisition of a portion of the public improvements within CFD 1985-1. We make this offer under the following terms and conditions: Amount of Bonds: Not to Exceed $5,950,000.00 Form of Bond s : Registered bonds to be issued serially. Bond denominations of $5,000 to $100,000. Interest payment dates to be July 15 and January 15, commencing January 15, 1986. Interest Rates: 1988 7.00 2000 9.50 1989 7.50 2001 9.50 1990 7.75 2002 9.60 1991 8.00 2003 9.70 1992 8.25 2004 9.75 1993 8.50 2005 9.80 1994 8.75 2006 9.85 1995 9.00 2007 9.90 1996 9.10 2008 9.95 1997 9.20 2009 10.00 1998 9.30 2010 10.00 1999 9.40 Price: 96.00% of par value plus accrued interest. Term: 25 years. NEARLY HALF A CENTURY HELPING CALIFORNIANS Town Council Town of Tiburon June 19, 1985 (R) Page Two Net Interest Cost: Maturity Schedule: Date of Bonds and Delivery Date: Foreclosure Clause: Reserve Fund: Call Dates and Prices: 9.719662%. July 15 of the following years in the following amounts: 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 170,000.00 185,000.00 200,000.00 210,000.00 230,000.00 250,000.00 265,000.00 290,000.00 320,000.00 345,000.00 380,000.00 415,000.00 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 450,000.00 495,000.00 455,000.00 115,000.00 125,000.00 135,000.00 150,000.00 165,000.00 180,000.00 200,000.00 220,000.00 Approximately June 27, 1985. Town to covenant to commence judicial foreclosure of delinquent special taxes securing the Bonds within 150 days of any delinquency. The Town shall establish from the proceeds of the Bonds a reserve fund equal to 8.25% of the principal amount of the bonds. In our view, it is reasonably required for this issue, and vital to the marketing of the Bonds and, therefore, a condition of this offer, that proceeds from the investment of monies in said reserve fund should be retained in said fund until the amount in said fund equals 125% of average annual debt service (estimate at $546,828) on the Bonds. The Bonds shall be non-callable until January 15, 1995. The Bonds shall be callable for redemption on or after January 15, 1995, on any interest date, in whole or in part at the option of the Town for the principal amount thereof, plus accrued interest to the redemption date, plus any premium. The premium on the unmatured principal shall be 2 1/2% in 1995 and shall decline by one-half percent (1/2%) each year thereafter. Town Council Town of Tiburon June 19, 1985 (R) Page Three paying Agent and Registrar: No Litigation: Legal Opinion: Validation of proceedings: Place of Delivery: Time of Delivery: Expiration: MP:GD:pt Bank of America, San Francisco, California. A no litigation certificate of the Town shall accompany the Bonds at delivery. The opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California, without qualification and without expense to us to be printed on the bonds. The Town shall be in receipt of a judgment from Superior Court validating the proceedings for the Bonds prior to and as a condition precedent to delivery of the Bonds. Bank of America, N.T. & S.A., San Francisco, California. Not later than 48 hours after the Town notifies the undersigned that the Bonds are ready for delivery. If the subject Bonds are not delivered by 5:00 p.m. on the third day after the aforementioned delivery date, Wulff, Hansen & Co. reserves the right to renegotiate the price and/or the rate of interest. This offer expires noon June 20, 1985. Very truly yours, WULFF, HANSEN & CO. Y1~tR~