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HomeMy WebLinkAboutTC Res 1985 (January thru June) RESOLUTION NO. 2317 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING FOR THE FORM, EXECUTION AND ISSUANCE OF BONDS Community Facilities District No. 1985-1 The Town Council of the Town of Tiburon resolves: Section 1. RECITALS. On February 2, 1985, the Town Council of the Town of Tiburon adopted its resolution of intention to form Community Facilities District No. 1985-1, Town of Tiburon, Marin County, California ("CFD1985-1") and to levy a special tax under the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), as later amended. Proceedings taken under the Act led to the authorization of a special tax to be annually levied by the Town Council within CFD 1985-1 and to the authorization of special tax bonds in the total amount of $5,950,000 secured by the special tax authorization. Section 2. ISSUANCE OF BONDS. The Town Council hereby provides for the form, execution and issuance of said bonds, under the provisions of the Act. The bonds shall be desig- nated, "1985 Special Tax Bonds, Community Facilities District No. 1985-1, Town of Tiburon, Marin County, California, Series No. 1985-1." Bonds shall be issued in denominations of $5000 or integral multiples thereof, and shall be dated June 27, 1985. Bonds shall be numbered, shall mature and shall bear interest at the rates set forth in the table attached as Exhibit A. Section 3. APPOINTMENT OF PAYING AGENT, FISCAL AGENT, REGISTRAR AND TRANSFER AGENT. The Town Council hereby appoints Bank of America National Trust and Savings Association as paying agent, fiscal agent, registrar and transfer agent for the bonds in accordance with an agreement between the Town and Bank of America, heretofore approved by the Town Council. Section 4. FORM AND EXECUTION. Bonds shall be issued as fully registered bonds ~n the form set forth as Exhibit B to this resolution. The bonds shall be signed by the Mayor and the Town Clerk and the seal of the Town shall be affixed. Both signatures and seal may be reproduced on the bonds by facsimile, but upon its registration or reregistration each bond shall be authenticated by the manual signature of the registrar. The paying agent shall assign each bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof whicl1 shall be available to the Town for inspection. sectidn 5. ESTABLISHMENT OF SPECIAL FUNDS. For administer- ing the proceeds of the sale of bonds and payment of interest and principal on the bonds, there are hereby established three funds to be known as the improvement fund, the community facilities district bond fund and the reserve fund, respectively, for CFD 1985-1. Section 5.1. IMPROVEMENT FUND. Except as provided in Section 5.3, proceeds of sale of the bonds shall be deposited in the improvement fund to be maintained by the Finance Director. Disbursements from the improvement fund shall be made by the Finance Director in accordance with the budget of estimated costs and expenses set forth in the Engineer's Estimate of Cost, which is part of the Report of the Superintendent of Public Works, heretofore approved by the Town Council, sub- ject to modification by the Town Council from time to time. Section 5.2. COMMUNITY FACILITIES DISTRICT BOND FUND The community facilities district bond fund ("bond fund") shall be maintained by the Finance Director. All special tax payments, together with penalties, if any, and any re- development tax increment funds received, shall be deposited in tqe bond fund or r~serve fupd, which shall be trust funds for the benefit of the bondholders. Payment of the bonds at maturity, or at redemption.prior to maturity, and all interest on the bonds shall be made from the bond fund. Section 5.3. RESERVE FUND. The reserve fund shall be maintained by the fiscal agent. There shall be deposited into the special reserve fund the amount of $490,875.00 from the proceeds of the sale of bonds. The special reserve fund shall be administered as follows: A. During the term of the bonds, the amount in the reserve fund shall be available for transfer into the bond fund if necessary in order to make payments of principal and interest due on the bonds. The amount so advanced shall be reimbursed to the reserve fund from the proce~ds of redemption or sale of the parcel for which pay- ment of delinquent special taxes was made from the reserve fund. B. Whenever required to prevent the reserve ,fund from exceeding the reserve limitations set by federal statute and regulation, the Finance Director is directed to transfer accrued interest from the reserve fund to the bond fund from time to time. Such funds shall be used to reduce, pro rata, the annual special tax levy next made by the Council. C. When the amount in the reserve fund equals or exceeds the amount required to retire the remaining un- matured bonds (whether by advance retirement or otherwise) , the amount of the reserve fund shall be transferred to the bond fund, and any remaining special tax authorization shall be cancelled. Section 6. PAYMENT ON BONDS. The principal and interest on the bonds shall be payable at Bank of America National Trust and Savings Association, Corporate Agency Division, P. O. Box 37000, San Francisco, CA 94137. Principal and interest shall be paid by check, draft or warrant mailed to the registered owner of each bond at the owner's address appearing on the register maintained by the registrar on the 15th day preceding the date of interest payment or maturity of each bond. ~ Section 7. REREGISTRATION. Any bond may be registered to a new owner' by completing the assignment certificate on the reverse of the bond and delivering the bond to the registrar. Upon reregistration, any bond may be replaced by one or more bonds of the same maturity and aggregate amount in denomina- tions of $5000 or any integral multiple thereof. Section 8. COVENANTS. In the event of a default in the payment of any bond or any installment of interest thereon, bondholders shall have the remedies set forth in the Act. In addition, the Town Council makes the following covenants, which shall constitute a contract with the bondholders: Section 8.1. FORECLOSURE OF LIENS. If any payment of the special tax levied in CFD 1985-1 becomes delinquent, the Town Council shall cause an action to be filed in the Superior Court of the County of Marin to foreclose the lien of the delinquent special tax under the authority of Section 53356.1 of the Government Code of the State of California. This action shall be filed not later than one hundred fifty (150) days after the date of delinquency. Section 8.2. ARBITRAGE. During the term of the bonds, the Town will make no use of bond proceeds which, if such use had been reasonably expected at the date the bonds are issued, would have caused the bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the United States Internal Revenue Code of 1954, as amended, and regulation~ of the Internal Revenue Service authorized thereby. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 1985, by the following vote: NOES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann COUNCILMEMBERS : None AYES: ABSENT: COUNCILMEMBERS: Wilson Clp~ ~ VALERIE W. BERGMANN, ~~Y Town of Tiburon A$~, R. L. KLEINERT, TOWN MANAGER/CLERK EXHIBIT A TIBURON COMMUNITY FACILITIES DISTRICT NO. 1985-1 SERIES NO. 1985-1, TOWN OF TIBURON, CALIFORNIA DEBT SERVICE SCHEDULE DATE OF BONDS: June 27, 1985 INTEREST PAID: January 15 and July 15 MATURITY DATES: July 15 of the following years YEAR RATE PRINCIPAL INTEREST TOTAL 1986 0.00 $ 0.00 $ 571,037.25* $ 571,037.25 1987 0.00 0.00 543,845.00 543,845.00 1988 7.00 170,000.00 543,845.00 713,845.00 1989 7.50 18-5,000.00 531,945.00 716,945.00 1990 7.75 200,000.00 518,070.00 718,070.00 1991 8.00 210,000.00 502,570.00 712,570.00 1992 8.25 230,000.00 485,770.00 715,770.00 1993 8.50 250,000.00 466,795.00 716,795.00 1994 8.75 265,000.00 445,545.00 710,545.00 1995 9.00 290,000.00 422,357.50 712,357.50 1996 9.10 320,000.00 396,257.50 716,257.50 1997 9.20 345,000.00 367,137.50 712,137.50 1998 9.30 380,000.00 335,397.50 715,397.50 1999 9.40 415,000.00 300,057.50 715,057.50 2000 9.50 450,000.00 261,047.50 711,047.50 2001 9.50 495,000.00 218,297.50 713,297.50 2002 9.60 455,000.00 171,272.50 626,272.50 2003 9.70 115,000.00 127,592.50 242,592.50 2004 9.75 125,000.00 116,437.50 241,437.50 2005 9.80 135,000.00 104,250.00 239,250.00 2006 9.85 150,000.00 91,020.00 241,020.00 2007 9.90 165,000.00 76,245.00 241,245.00 2008 9.95 180,000.00 59,910.00 239,910.00 2009 10.00 200,000.00 42,000.00 242,000.00 2010 10.00 220,000.00 22,000.00 242,000.00 TOTALS $5,950,000.00 $7,720,702.25 $13,670,702.25 ------------- ------------- -------------- ------------- ------------- -------------- '* Interest computed from June 27, 1985 to July 15, 1986. EXHIBIT B united States of America State of California County of Marin REGISTERED REGISTERED Number $ 1985 SPECIAL TAX BONDS OF COMMUNITY FACILITIES DISTRICT NO. 1985-1, TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA SERIES NO. 1985-1 INTEREST RATE MATURITY DATE BOND DATE June 27, 1985 CUSIP NUMBER Community Facilities District No. 1985-1, Town of Tiburon, Marin County, California, duly organized and existing under and by virtue of the Mello-Roos Community Facilities Act of 1982, Sections 53311 and following of the Government Code of the State of California ("Mello-Roos Act"), hereby a~know1edges its indebtedness and promises to pay to or registered assigns, the principal sum of Dollars, on the maturity date stated above, interest payable semiannually on January 15 and July 15 of each and every year until this bond is paid. Principal, interest and any premium upon the redemption of this bond prior to maturity are payable in lawful money of the United States of America upon presentation of this bond ", at the office of the Registrar in San Francisco, California. Interest shall be paid by check or draft mailed to the registered owner of record as of the close of business on the fifteenth day of the month next preceding the interest payment date at the address shown on the registration books. Interest on this bond shall be payable from the interest payment date next preceding the date of registration hereof, unless such date of registration is an interest payment date, in which event interest will be payable from such date of registration, or unless such date of registration is prior to the first interest payment date, January 15, 1986, in which event interest will be payable from June 27, 1985. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. This bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Registrar. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebtedness of said Community Facilities District, does not exceed any debt limit prescribed, by the laws or Constitution of the State of California. IN WITNESS WHEREOF, Community Facilities District .., No. 1985-1, Town of Tiburon, Marin County, California, has caused this bond to be signed by the Mayor of the Town of Tiburon by her facsimile signature and attested by the Clerk of said Town and has caused its corporate seal to be reproduced in facsimile hereon all as of the 27th day of June, 1985. 2 TOWN OF TIBURON Clerk Mayor (SEAL) Certificate of Authentication and Registration This is one of the Bonds described in Resolution No. 2292 of the Town Council of the Town of Tiburon, which has been authenticated and registered on Bank of America National Trust and Savings Association By Authorized Officer 3 (REVERSE OF BOND) COMMUNITY FACILITIES DISTRICT NO. 1985-1 TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA ADDITIONAL PROVISIONS OF THE BOND This bond or any portion of it in the amount of $5,000 or any integral multiple thereof may be called before maturity and redeemed at the option of the District, in whole or in part, on January 15, 1995, or on any interest payment date thereafter prior to maturity. Bonds so called for redemption shall be redeemed at a redemption price for each redeemed bond equal to the principal amount thereof, plus accrued interest to the redemption date and a premium (percentage of principal amount) of two and one-half percent (2-1/2%) decreasing one-half percent (1/2%) each year after 1995. Notice of call and redemption prior to maturity shall be given as provided in the Mello-Roos Community Facilities Act of 1982. If less than all of the Bonds outstanding are to be so redeemed at anyone time, the Bonds to be redeemed shall be determined by lot. Any tax for the payment hereof shall be limited to the annual special tax authorized under the Mello-Roos Act, to be collected within Community Facilities District No. 1985-1 of said ", Town, except to the extent that provision for payment has been made by the Town Council, as may be permitted by law. The bonds do not constitute obligations of Town of Tiburon or the Community Facilities District for which said Town or the Community Facilities District is obligated to levy or pledge, or has levied or pledged, general or special taxation other than as described hereinabove. The Town Council has covenanted for the benefit of the owners of the bonds that it will commence within one hundred fifty (150) days and diligently pursue to completion appropriate foreclosure actions in the event of delinquencies of any special tax installments levied for payment of principal and interest. PROVISIONS FOR REGISTRATION This bond shall be registered in the name of the owner hereof as to both principal and interest. Each registration and transfer of registration of this bond shall be entered by the Registrar in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication arid registration endorsed hereon. No transfer hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner's order. Interest on this bond shall be payable to the person whose name appears upon the registry books as the registered owner hereof as of the close of business on the fifteenth day preceding the interest payment date, or to such person's order. I hereby certify that the following is a full and correct copy of the legal opinion of STURGIS, NESS, BRUNSELL & 2 SPERRY a professional corporation, Emeryville, California, on file in my office. Town Clerk 3 RESOLUTION NO. 2316 A RESOLUTION OF THE TOWN CDUNCIL OF IfilE TOWN OF TIBUBON EXPRESSING APPRECIATION m HAZEL CARTER, AFTERNOON ACADEMY DIRECTOR WHEREAS, the Be1vedere/Tiburon Joint Parks & Recreation Committee was created to provide recreational activities for the Tiburon Peninsula residents of all ages, and WHEREAS, it was determined that there was a need to find an energetic, conscientious, creative, inventive and resilent Afternoon Academy Director, and WHEREAS, HAZEL CARTER was chosen to direct this program in 1981, and WHEREAS, HAZEL CARTER was undaunted in her pursuit of achievement to the extent she became a substitute teacher when necessary, and used her many diverse talents at improvisation, and WHEREAS, HAZEL CARTER exhibits warmth, enthusiasm and good cheer, the Town Council of the Town of Tiburon wishes that all the good spirit and joy she dispenses, shall splash back on her. NOW, THEREFORE, BE IT RESOLVED the Town Council of the Town of Tiburon does hereby express its deep appreciation to HAZEL CARTER for her outstanding contribution to the recreational and educational needs of the residents of the Tiburon Peninsula. 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 ~~ Town of Tiburon ATTEST: R.~~GER/CLERK RESOLUTION NO. 2315 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO TIBURON TOWN ENGINEER STAN BALA WHEREAS, Stan Bala has diligently served the Town of Tiburon for almost fourteen years having been appointed Town Engineer in November 1971, and WHEREAS, as Town Engineer, Stan Ba1a's professional guidance has been invaluable to the Town during periods of growth and transition, and WHEREAS, Stan Bala received certification as Traffic Engineer in 1975 and has been instrumental in the implementation of numerous traffic safety improvements in the community, and WHEREAS, Stan Ba1a's engineering and negotiating competence has enabled the Town to obtain maximum state, federal and private funding assistance for Tiburon's major public improvement projects, and WHEREAS, because of Stan Bala's overall dedication to his profession, he was recently certified as a Fellow by the American Society of Civil Engineers, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby express its sincere appreciation and gratitude to its Town Engineer Stan Bala for his many years ~f dedicated service and commitment to 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 W. BERGMANN, MAY~ Town of Tiburon ATTEST: R. RESOLUTION NO. 2314 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MODIFYING THE CIRCULATION ELEMENT OF THE GENERAL PLAN SECTION I: Findings. 1. Section 65302 of the Government Code of the State of California provides for the adoption of a Circulation Element of the General Plan. 2. Section 65~50 provides for amendments to the Elements of the General Plan. 3. The Circulation Element of the General Plan sets forth general objectives and supporting policies which serve as a guide for the future planning and development of the Town. 4. The Planning Commission has reviewed a modification to the Circulation Element of the General Plan which modification will provide for the closing of a local road to thru traffic and has recommended the modification to the Town Council. 5. The Town Council has considered the recommendation of the Planning Commission and has held a public hearing to consider public input. 6. The amendment is necessary to insure that the Element is consistent with the changing conditions and circumstances of the community. SECTION II: Approval. NOW THEREFORE BE IT RESOLVED that the Town Council does hereby approve a revision to paragraph C.1. of the Circulation Element of the General Plan to read as follows: 1. Greenwood Beach Road: Greenwood Beach Road is a small local street which has one connection with Tiburon Boulevard near the Trestle Glen intersection and B1ackie's Pasture and one termination at Tiburon Boulevard near the Cove Apartments in the County unincorporated area. Due to its proximity to Blackie's Pasture, there is an excessive and undesirable amount of traffic on the street. In order to maintain the beauty and tranquility of this area and the nearby Richardson Bay Wildlife Sanctuary, Greenwood Beach Road should be closed to thru traffic at its entrance to B1ackie's Pasture, with provision made for the emergency passage of public safety vehicles only. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 5, 1985. AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann None Wilson NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Ck~ VALERIE W. BERGMANN.~ Town of Tiburon R. L. KLEINERT, TO Draft dated 5/31/85 RESOLUTION NO. 2313 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING JUANITA LANE STREET IMPROVEMENTS PROJECT WHEREAS, the Juanita Lane Street Improvements Project No. 84- T-23 has been completed satisfactorily on May 10, 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 5, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ~ VALERIE Town of RESOLUTION NO. 2312 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPOINTING ROBERT I. CONN DEPUTY TOWN ATTORNEY BE IT RESOLVED by the ~own Council of the Town of Tiburon that Robert I. Conn is hereby appointed Deputy Town Attorney for the Town of Tiburon effective July 1, 1985. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 15, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCIL~lliMBERS: None ~w~ Town of Tiburon RESOLUTION NO. 2311 A RESOLUTION OF THE TOWN COUNCIL OF THE TOw~ OF TIBURON APPOINTING GARY T. RAGGHIANTI TOWN ATTORNEY BE IT RESOLVED by the Town Council of the Town of Tiburon that Gary>T. Ragghianti is ~hereby appointed Town Attorney for the Town of Tiburon effective July 1, 1985. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 15, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~-- VALERIE W. BERGMANN, YOR c Town of Tiburon RESOLUTION NO. 2310 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR REHABILITATION OF MCKEGNEY GREEN WHEREAS, the Town_Council of the Town of Tiburon does resolve a~ follows: Section 1. Findings. A. The legislature of the State of California has enacted the Roberti-Z'berg Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and C. Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and D. Said applications contain a certification that the applicant will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and E. The project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas. Section 2. Approval. NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby; 1. Approves the filing of an application for funding under the Roberti-Z'berg Urban Open Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and 4. Certificis that said agency has or will have available prior to commencement of any work on the project(s) included in this application matching money from a nonstate source; and 5. Certifies that the project(s) included in this application conform to the recreation element of any applicable city or county general plan; and 6. 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(s). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 15, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None lk:.~ VALERIE W. BERGMANN,~ Town of Tiburon Date Drafted: 5/9/85 RESOLUTION NO. 2309 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING COMPLETION OF MULTI-USE PATH, STAGE IV PROJECT WHEREAS, Ghilotti Brothers completed the Multi-Use Path Stage IV project on April 12, 1985 to the satisfaction of the 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 May 1, 1985, by the following vote: AYES: COUNCILMEMBERS: Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ~~ Town of Tiburon RESOLUTION NO. 2308 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO PLANNING COMMISSIONER ROBERT PRINGLE FOR OUTSTANDING AND DEVOTED SERVICE WHEREAS, Robert Pringle has served with distinction on the Tiburon P~anning Commission from Ju;y 1980 to July 1984, and as Commission Chairman from 1982-84, and WHEREAS, as a Commissioner he so willingly and generously gave of his time and abilities in the concerns of the community, and WHEREAS, he has approached his Planning Commission duties with a deep regard for both aesthetic and social values, and WHEREAS, Robert Pringle has made a substantial contribution to the Town by his participation and interest in community affairs, NOW, THEREFORE, BE IT RESOLVED that on behalf of the citizens of Tiburon, the Town Council does hereby express its sincere appreciation to Robert Pringle for distinguished public service. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on May 1, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None {'3afJ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: RESOLUTION NO. 2307 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO PLANNING COMMISSIONER BILL DAVOREN FOR OUTSTANDING AND DEVOTED SERVICE WHEREAS, Bill Davoren has served with distinction on the Tiburon Planning Commission from April 1977 to April 1985, and WHEREAS, as a Commissioner he so willingly and ge~erous1y I gave of his time and abilities to the community, and ./ / WHEREAS, he has approached his Planning Commission duties with a deep regard for both aesthetic and social values, and WHEREAS, Bill Davoren consolidated the efforts of prominent environmentalists to prepare a definite guide to restoration of the valuable and unique fresh water marsh in the heart of Downtown Tiburon, and WHEREAS, using the plan for Marsh Restoration and with the help of Bill Davoren, the Town is establishing an environmental experience that will be enjoyed by future generations, and WHEREAS, Bill Davoren was forever vigilant to activities on Paradise Drive which resulted in enhancing the quality of life for all Peninsula residents, and WHEREAS, Bill Davoren has made a substantial contribution to the Town by his participation and interest in community affairs, NOW, THEREFORE, BE IT RESOLVED that on behalf of the citizens of Tiburon, the Town Council does hereby express its sincere appreciation to Bill Davoren for distinguished public service. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May l, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ~d~~Nr-~ Town of Tiburon ATTEST: RESOLUTION NO. 2306 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO JAMES MALOTT FOR OUTSTANDING AND DEVOTED SERVICE WHEREAS, James Malott has served with distinction on the Tiburon Planning Commission from January 1984 to April 1985, and WHEREAS, James Ma1ott~served on the Board of Adjustments and Review from March 1979 until his appointment to the Planning Commisson so that the Town has had the benefit of the guidance and wisdom of James Malott for over six years, and WHEREAS, as a Planning Commissioner and Board Member he so willingly and generously gave of his time and abilities to the community, and WHEREAS, James Malott expended enormous energy to prepare Design Guidelines for Hillside Dwellings and unselfishly offered the document to the Town, and WHEREAS, the Town has officially accepted the Design Guidelines and now utilizes them as an outstanding policy guide for development within the Town, and WHEREAS, the Design Guidelines have become the primary resource guide for Staff and Boardmembers of the Town, and WHEREAS, James Malott has made substantial contributions to the Town by his participation and interest in community affairs, NOW, THEREFORm, BE IT RESOLVED that on behalf of the citizens of Tiburon, the Town Council does hereby express its sincere appreciation to James Malott for distinguished public service. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 1, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNcILMEMBERS: None ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: RESOLUTION NO. 2305 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION OF TOWN SERVICE TO LOUISE TEATHER WHEREAS, The Town of Tiburon would like to take this opportunity to' express its appreciation to Louise Teather; and WHEREAS, Louise Teather has served as Tiburon's Town Historian, and 1\ , \ ." WHEREAS, Louise Teather has been a charter member of the Tiburon Heritage Commission for ll.years; and WHEREAS, Louise Teather has devoted many untold hours of unflagging energy in dealing with the many issues that came before the Heritage Commission; and WHEREAS, especially noteworthy were Louise Teather's efforts to successfully place the Town's Stone Tower on the National Register of Historic Places. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does extend to Louise Teather a very deep and sincere thank you; and wishes Louise Teather, and her husband Dave, good health and happiness. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 1, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, pmith Bergmann NOES: COUNCILMEMBERS: None ABSENT: aoUNCILMEMBERS: None ~ VALERIE W.~~R~~ Town of Tiburon R. RESOLUTION NO. 2304 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION OF TOWN SERVICE BY LOUISE MlRATA WHEREAS, the Town of Tiburon would like to take this opportunity to express its appreciation to Louise Mirata; and WHEREAS, Louise has ably served the Town as its Assistant Town Cler.k for over 11 yeat's; and. WHEREAS, Louise Mirata has been a member of the Tiburon Heritage Commission since September 1977; and WHEREAS, Louise has devoted many untold hours of unflagging energy in dealing with the many issues that came before the Heritage Commission. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does extend to Louise Mirata a very deep and sincere thank you; and wishes Louise Mirata good health and happiness in her new home. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 1, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: OOUNCILMEMBERS: None ~~ VALERIE W. BERGMANN, MAYO Town of Tiburon ATTEST: R. L. Drafted: RESOLUTION NO. 2303 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR ROUTINE MAINTENANCE OF MCKEGNEY GREEN WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The legislature of the State of California has enacted the Roberti-Z'berg Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and C. Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and D. Said applications contain a certification that the applicant will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and E. The project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas. Section 2. Approval. NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby; 1. Approves the filing of an application for funding under the Roberti-Z'berg Urban Open Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and " 4. Certifies that said agency has or will have available prior to commencement of any work on the project(s) included in this application matching money from a nonstate source; and 5. Certifies that the project(s) included in this application conform to the recreation element of any applicable city or county general plan; and 6. Appoints the Finance Director 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(s). PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on April 30, 1985. AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None !~( '{ (-:--2. \ . . J (/I ~ .. (.... l. '.", . . .'=. / nil ho, '.A, ::Jc '~ J" ,.-fj 'J' . VALERIE W. BERGMANN, OR Town of Tiburon ' Date Drafted: 4/22/85 RESOLUTION NO. 2302 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON STATING INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN OF TIBURON WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System, by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the Town Council of the Town of Tiburon of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21367.53 ($600 Retired Death Benefit) for local miscellaneous members only. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does hereby give notice of intention to approve an amendment to the contract between the Town of Tiburon and the Board of Administr ation of the Public Employees I Retirement System, a,_ copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 17, 1985, by the following vote: AYES: COUNCIL~MBERS: Spratling, Smith, Coxhead, Bergmann None wils~n . , ~ U~~~~J VALERIE W. BERGMANN, MAY3DR Town of Tiburon NOES: ABSENT: COUNCILMEMBERS: aoUNCILMEMBERS: RESOLUTION NO. 2301 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING VALIDATION ACTION COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: l. Special Counsel, Sturgis, Ness, Brunsell & Sperry, pursuant to its existing legal agreement with the Town of Tiburon in connection with Community Fa~ilities District No. 1985-l is hereby authorized>to initiate and prosecute-tacompletion, on behalf of the Town of Tiburon, a legal action in the nature of a validation suit under Section 53359 of the Government Code and Sections 860 and following of the Code of Civil Procedure in the Marin County Superior Court. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April l7, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Smith, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILI~EMBERt ~son VALiRt'w42N>~J Town of Tiburon ATTES~~ R. L: KLEINE T, TOWN MANAGER/CLERK Drafted: 4/l7/85 RESOLUTION NO. 2300 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING PRIVATE SALE OF BONDS CO~1UNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tibur9n resolves: 1. Pursuant to Section 53360.4 of the Government Code, the Town Council finds and determines that under the circumstances of CFD 1985-l, and the grea~ familiarity with the project that has been developed by Wulff, Hansen & Co: by their participation in every aspect of the community facilities district proceedings, and in view of the relative unfamiliarity of the financial markets generally with community facility district bonds, and in view of the other indications the Council has received of the competitiveness of the range of interest rates within which the underwriter has indicated it will offer to purchase the bonds, it is the judgment of this Council that a lower interest cost will be incurred on the bonds through a private sale to Wulff, Hansen & Co. 2. The Town Manager is authorized to negotiate the private sale of the CFD 1985-l tax anticipation bonds with Wulff, Hansen & Co. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 17, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Smith, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Drafted: 4/l7/85 RESOLUTION NO. 2299 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING RESULTS OF SPECIAL DISTRICT MAILED-BALLOT ELECTION CO~illUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: 1. Reference is made to the Council's Resolution No. 2293 calling a special mailed~ballot election within Community Facilities District No. 1985-l. .- 2. The Council has reviewed the Canvass of Votes Cast in Special District Mailed-Ballot Election submitted by the Town Clerk in these proceedings and approves it. 3. The Council hereby declares that the ballot measure submitted to the voters of the Community Facilities District No. 1985-l has passed and been approved by said voters. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April l7, 1985, by the following vote: AYES: COUNCILP~MBERS: Spratling, Smith, Coxhead, Bergmann Nt:)ES: COUNCILMEMBERS: None ABSENT: COUNCILME~IDERS: /~l~on . L/~~ VALERIE w. BERG~ Town of Tiburon ATTE~ . R. L. KLEINERT, TOW MANAGER/CLERK Drafted: 4/17/85 RESOLUTION NO. 2298 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 2293 COMMUNITY FACILITIES DISTRICT NO. 1985-1 The Town Council of the Town of Tiburon resolves: l. Reference is made to this Council's Resolution No. 2293, "A Resolution of the Town Corincil of the Town of Tiburon Calling Special Mailed Ballot Election," passed and adopted at a regular meeting of the Council on April 3, 1985. to read: 2. Paragraph 4 of Resolution No. 2293 is hereby amended "4. The Council finds that there presently are, and for more than 90 days just past there have been, fewer than 12 registered voters residing within CFD 1985-l. The Council further finds that the only owners of record of land subject to special tax within CFD 1985-1 are The Innisfree Companies. To the extent that the Town of Tiburon owns land within CFD 1985-1 and to the extent, if any, that the Town might legally participate in the special election as a voter, it hereby deClines to do so. Therefore, pursuant to Government Code Section 53326, the only persons entitled to vote in the special election are The Innisfree Companies." 3. This Resolution amends Resolution No. 2293 nunc pro tunc, as if Resolution No. 2293 had been originally adopted in its form as now amended. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 17, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Smith, Coxhead, Bergmann NOES: COUNCILME~rnERS: None ABSENT: COUNCILMEMBERS: ATTitft~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 4/l7/85 RESOLUTION NO. 2297 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE TOWN AND EXECUTION OF SAID AGREEMENT BY MAYOR WHEREAS, the Town. Council of the Town of Tiburon entered into a CQoperative Agreement between the State Department of Transportation and the Town of Tiburon on August 5, 1981, and WHEREAS, said Agreement is for the installation of certain improvements in conjunction with the State's proposed widening of Highway l31 (Tiburon Boulevard) from Reed Ranch Road to 0.1 mile East of Trestle Glen Boulevard; and WHEREAS, terms and conditions of said Agreement have been amended. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Mayor and Town Manager/Clerk are hereby authorized to execute on behalf of the Town of Tiburon an amended Cooperative Agreement, a copy of which is attached hereto, between the State Department of Transportation and the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 17, 1985, by the following v~te: AYES: COUNCILMEMBERS: Spratling, Smith, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: R. REOOWrION ID. A REroWl'ION OF 'mE TIBUK>N ID\ti <DUNTIL APPK>VING AN AMENJ:MENr ID '!HE PRECISE PLAN/TENTATIVE MAP FOR THE HEXAN DEVEIDPMENl' OFF CIBRIAN DRIVE 2296 The Tiburon Town Council does resolve as fo11CMS: Section l. Findinqs. A. The Town Council (Council) of the Town of Tiburon has received and considered the request of The Hexan Corporation for an amendment to the Precise Plan/Tentative Map to allow expansion of the adopted building envelcpes by adding secondary building envelopes. B. The amendments to the Precise Plan and Tentative Map are described as follows: 1. Precise Plan with notation "secondary building envelopes" dated February 20, 1985. 2. Letter of Application dated February 27, 1985. C. The Council has held duly noticed public hearings for the purpose of reviewing the application and receiving ccmnents and reccmnendations fran the public. D. The Council has received and considered a recamendation fran the Planning CamUssion that an amendment be granted. E. 'rhe Council has found the amendment to be in conformance with the Tiburoo General Plan as well as other applicable regulations and is in substantial conformance with the approved Master Plan. Section 2. Approval. N)W THEREFORE BE IT REOOLVED that the Tiburon Town Council does hereby approve an amendment to the Precise Plarv'Tentative Map subject to the fOllCMing conditions: 1. Condi tion No. 2j of the TCMn Council Ordinance No. 267 shall be amended to read: j. All :Lnprovernents of any type, including fences, teIl{X>rary or otherwise, shall be contained within the primary or secondary building envelopes. The main structure shall be contained within the primary envelope and accessory structures within the primary or secondary envelcpe. In addition, no planting of trees or shrubbery shall be a1lCMed along prcperty boundaries which would have the effect of fencing the property. A note on the Final Map stating the building envelope restrictions shall be provided. The CC&R's prepared for the develc:pnent shall also note the building envelope restrictions. No structure in the secondary building envelope shall exceed ooe story or 12 ft. in height. 2. All other conditions of Town Council Ordinance No. 267 and Resolution No. 2095 shall apply. PASSED AND AJX)P1ED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985 by the following vote: AYES : IDES : ABSTAIN: <DUNCILMEMBERS: Spratling, Wilson, Bergmann, Smith <DUNCILMEMBERS: None CDUNCILMEMBERS: Coxhead A=~~ R. L. KLElNERI', 'lO~ MANA~CIERK Amended 4/3/85 REroLt1l'ION ID. 2295 A REroLurION OF 'mE '!O\ti CDUNCIL OF mE '!OWN OF TIBUroN EXTENDING THE EXPIRATION mm OF THE HIGHIANll3 MASTER PIAN follows: WHEREAS, the Town Council of the Town of Tiburon does resolve as SECI'ION 1. _ FirXiings. l. On April 20, 1983 the Town Council of the Town of Tiburon approved a Master Plan for the developnent of approximately 30 acres known as the Highlands Developnent. 2. The Tiburon Zoning Ordinance provides that Master Plans shall expire wi thin two years unless extended by Resolution of the Planning Cannission ard Town Council. 3. The applicant did request a one-year extension of time for the implementation of the Master Plan. SECrION 2. AR>roval. IDW, THEREEORE, BE IT REroLVED that the Town Council of the Town of Tiburon does hereby grant a one year extension of the expiration date of Ordinance No. 269 N.S. from April 20, 1985 to April 20, 1986. PASSED AND AOOPTED at a regular meeting of the Town Council of the Town of T iburon on Apr i1 3, 1985, by the following votes: AYES : CDUNCIIMEMBERS: Spratling, Wilson, Bergmann, Smith IDES : <DUNC~: Coxhead ABSENI' : <DUNClIMEMBERS: None Date Drafted: 3/28/85 RESOLUTION NO. 2294 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING POLICE OFFICER ROBERT LOUGEE' FOR HIS ACTIONS WHEREAS, OFFICER ROBERT LOUGEE' while on duty on December ll, 1984, responded to a structure fire located at 1770 Vistazo West Street in the Town of Tiburon; and WHEREAS, OFFICER ROBERT LOUGEE' was the first unit on the scene and without regard for his personal safety and without benefit of protective equipment entered the above structure which was filled with smoke and flames and removed Ms. Shemer and her one son, then removed her second son from his bedroom where he was still sleeping; and WHEREAS, because of Ms. Shimer's distraught condition, OFFICER ROBERT LOUGEE' had to enter the building two more times to safely remove her thus preventing a possible fatality. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon expresses its sincere appreciation on behalf of the citizens of Tiburon for the action that OFFICER ROBERT LOUGEE' took in this serious situation. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby publicly commend OFFICER ROBERT LOUGEE' for his personal initiative and credit he has brought to himself and the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985, by the following vote: / AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -----... RESOLUTION NO. 2293 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CALLING SPECIAL MAILED BALLOT ELECTION CO~~UNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: l. Reference is.made to _the Council's Resolution No. ~L- (Resolution of Formation of CFD 1985-l) and Resolution No. ;~1J (Resolution to Submit Bqnded Indebtedness to Voters). \ \ \ 2. The levy of special tax proposed in said Resolution of Formation shall be submitted to the voters pursuant to Government Code Section 53326. The bonded indebtedness proposed in said Resolution to Submit Bonded Indebtedness to Voters shall be so submitted pursuant to Government Code Section 53355. The establishment of the CFD 1985-l appropriations limit shall be submitted to the voters pursuant to Government Code Section 53325.7 and Article XIIIB of the Constitution of the State of California. 3. The three ballot questions just described shall be combined into a single measure as authorized by Government Code Section 53353.5, and shall read as follows: Shall the Town Council of the Town of Tiburon be authorized to annually levy a special tax within its Community Facilities District No. 1985-l (Point Tiburon Development) sufficient to service principal and interest payments on tax anticipation bonds? Shall said bonds, in a sum not to exceed $5,950,000.00, with a term not to exceed 25 years, payable solely from tax revenues from property within CFD 1985-l, be authorized for the purpose of financing certain public improvements within that District? Shall the appropriations limit of said CFD 1985-l be established at $755,662.66\for fiscal year 1985-86? 4. The Council finds that there presently are, and for more than 90 days just past there have been, fewer than l2 registered voters residing within CFD 1985-l. The Council further finds that the only owners of record of land within CFD 1985-1 are The Innisfree Companies. Therefore, pursuant to Government Code Section 53326 the only persons entitled to vote in the special election are The Innisfree Companies. 5. The Council hereby calls a special election to consider the measure set forth in paragraph 3, above. The election will be held on April l5, 1985. 6. Pursuant to Government Code Section 53327, and Elections Code Section 235ll.l, the election shall be conducted by mailed ballot pursuant to Elections Code Section l340 and following. 7. The Council finds paragraphs (a), (b), (c) (l) and (c) (3) of Elections Code Section l340 are applicable to this special election. 8. The clerk is directed to mail a sample ballot to The Innisfree Companies on April 4, 1985. 9. The clerk may accept the ballot of The Innisfree Companies delivered personally to the office of the Clerk prior to the close of business on election day pursuant to Elections Code section 1014. 10. Notwithstanding the requirement, in Government Code Section 53326, of a minimum of 90 days before this special election may be held, the Council finds that such provision of law is solely for the protection of the voters. The Council therefore is advised by special bond counsel that it may, and it hereby does, permit the special election to take place on April l5, 1985, provided that prior to that time The Innisfree Companies provide to the Town a full and knowing waiver of said 90-day minimum requirement in a form satisfactory to special counsel and the Town. ll. The form of ballot attached hereto is approved, and the Clerk is directed to provide it to The Innisfree Companies for the election. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ATTEST: ABSENT: COUNCILMEMBERS: \ Drafted: 4/3/85 2 B ALL 0 T COMMUNITY FACILITIES DISTRICT NO. 1985-1 TOWN OF TIBURON,~MARIN CGUNTY, CALIFORNIA SPECIAL APRIL 15, 1985 MAILED BALLOT ELECTION: Note: This is a landowner vote. You must identify yourself in order for the Town to determine that you are entitled to vote in this election. As a landowner, you have one vote for each acre or portion thereof that you own. Ballot Measure Shall the Town Council of the Town of Tiburon be authorized to annually levy a special tax within its Community Facilities District No. 1985-l (Point Tiburon Development) sufficient to service principal and interest payments on tax anticipation bonds? Shall said bonds, in a sum not to exceed $5,950,000.00, with a term not to exceed 25 years, payable solely from tax revenues from property within CPO 1985-1, be authorized for the purpose of financing certain public improvements within that District? Shall the appropriations limit of said CFD 1985-1 be established at $755,662.66' for fiscal year 1985-86? Votes Y~ I I , Votes No Voter: The Innisfree Companies By (Corporate Seal) (print name and title) RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON TO SUBMIT BONDED INDEBTEDNESS TO THE VOTERS COMMUNITY FACILITIES DISTRICT NO. 1985-1 The Town Council of the Town of Tiburon resolves: l. Reference is made to Council Resolution No. 2284 of February 20, 1985. 2. The Council deems it necessary to incur the bonded indebtedness described herein. 3. The whole of the Community Facilities District 1985-l will pay for the bonded indebtedness. 4. The amount of debt to be incurred shall not exceed $5,950,000.00. 5. The maximum term of the bonds shall be 25 years. 6. The maximum annual rate of interest payable on the bonds shall be not to exceed l2%, payable semi-annually. 7. The proposition of incurring the debt shall be submitted to the voters. 8. The special community facilities district election will be held April l5, 1985, and will be held by mail. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATTE~~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 4/3/85 RESOLUTION NO. 2.2.2L A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: l. It is proposed to establish a community facilities district congruent with the Point Tiburon Development under the terms of the Community Facilities ~ct of 1982, Chapter 2.5 of Division 2 of Title 5 of the California Government Code, commencing with Section 533ll. The exact boundaries of the proposed community facilities district are shown on the boundary map attached hereto as Exhibit A. 2. The name of the proposed community facilities district shall be "Community Facilities District No. 1985-l, Town of Tiburon, Marin County, California" ("CFD 1985-l"). 3. The types of public facilities proposed to be provided within CFD 1985-l are as follows: The construction and acquisition of the Beach Road extension, the Paradise Drive reconstruction work, the parking area at Mar West Road, the Shoreline Park, the Tennis Courts and public parking, the major storm drain system, the Tiburon Boulevard frontage improvements, the Marsh Area Bicycle Path, the sanitary sewer system, the domestic water system, tne joint utility trenches, the Flood Plain Restoration Fee and the Marsh Restoration Fee, all as more particularly set forth in the report of the Superintendent of Public Works which is on file with the Town Clerk and incorporated herein by this reference. 4. Except where funds are otherwise available, a special tax sufficient to pay for all such facilities will be annually levied within CFD 1985-l. The rate and method of apportionment of the maximum special tax is set forth in Exhibit B attached hereto. 5. It is the intention of this Council that a portion of the tax allocation monies to be received through the Tiburon Redevelopment Agency (Point Tiburon project) will be applied against the principal and interest obligations of the proposed bonds referred to in Resolution No. 2284 (Resolution to Incur Bonded Indebtedness). In light of this, it is contemplated that the special tax will be levied at a lower rate than that to be authorized; and said tax allocation monies will be used to accelerate the retirement of the bonds in order that the speci~l tax levy may remain approximately level over the life of the bonds, both while tax increment moneys are available and thereafter. 6. The Council finds that the proposed public facilities are necessary to meet increased demands put upon the Town of Tiburon as a result of the new development comprising Point Tiburon. 7. The annual appropriations limit of CFD 1985-1 shall be established at $755,662.66 for fiscal year 1985-86. * * '* PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ~ ATTW~ R. L. KLEINERT, TOWN MANAGER/CLERK 2 .... ~I - '- -, "', " , " ..- \ \(,.) :; I- 0 0 a:: '2 ~ I- ~ ~ Cl 0 0 (/) 15 w cu t- o ! (j) :J en w ell} 3 0:: U ~~ <t ~ lL.. It) lL.. (J) ->- 0 >- ~ o a:: 0 ct Z ~ >-::> 0 -a:: :J z cm :::> z 8~ 0 ~ OJ ::!: C 0 e 0 E 0 ~ w '0 Cf) 0 c 0.. ~ 0 a:: 0.. r ~ "1 ~i l, ~ d1 " c w '" .. ~ C J Q. C I g S -1-) I'.: b. '\0<\ r. '/ . ,~i~'J l, . ~ ^~ k ;'1,' . :" ~ \iJ ~ ,r" ~ e!>f''''''''~Z-''' '" -~ b 61 ~ ~~ ~F " ~ o~ 0~~ ~N~ n R ~ ~ ~~ i- ~~. v~. N ~ ~ ~ ~~ .j 1.1 T 2.~f1(I~..J~~Nt- :Jj;. J ;t B ~ iJ 2 ~ ~ ~ III H 8 8 ~ ~ 8 /38 u. J .J ~ 8 ,::' ~ ~ 2.J ~ ~ ~ J '0' ' ~ lnJ .~ . ~ ~g~~~~~~8~~~~S~~32Q~~~~~~~5S~o~ ~R~ ~~ ~ ~8fi~t~~~ ~ ~ - -- - l.f)~~ ~~~ ~~~ ~i) ~lt 2 ~~\1~~~8~ ~ $~ ~ ~ ~~~~~~~~it~a ~~~ ~w ~ ~f~a~~~~ ~ ~~~'~~~'~~'J~!~~'~:'Jw~ '8~<J,<J~~<l<l~E488 ~~ 4 ~~ 8 ~8" 8, Bfl ( R ~ ~ ~ J Q ~ ~ ~ g ~ ~! ~ ~ ~ ~ f P ,4 ~ 8 8 8 8 8 ~ Q B !! ~ 8 i- 8 ~ ~ ~ B -~ 8 ~ ~ 8 ~ B a ~L~~~~~~~~iL~p,~~R~~N~E~~~~~t~~ ~~~ i~ ~ h~a!~2QP u R~O~2~fi~~~~Jlop~6o~iiiijiii1i2( ~2~ IZ 2 ZLii:~;~ _N~.~~~~~9=~~!~~t~~A~~~~~~~~~~~~2t~~~R6~i~~3~~;~~~ EXHIBIT ^ COMMUNITY FACILITIES DISTRICT NO. 1985-1 TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA Parcel descriptions are from the recorded condominium map for Point Tiburon. Maxilnum annual special tax as follows: 1. Residential units 3, 4, 6, 7, 13, 14, l6, 17, 19, 20, 22, 23 and 27 through 34, inclusive -- the low and moderate income units -- shall be subject to no special tax. 2. Residential units l, 2, 5, 8 through l2, inclusive, l5, 18, 2l, 24 through 26, inclusive, and 35 through 155, inclusive, shall be subject to a maximum annual special tax of $4,433.78 per unit. 3. Building 13 shall be subject to a maximum annual special tax of $95,062.42. 4. Building l4 shall be subject to a maximum annual special tax of $62,039.94. EXHIBIT B RESOLUTION NO. 2290 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FINDING PRIOR PROCEEDINGS VALID AND IN CONFORMANCE WITH THE LAW COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: l. Reference is.made to the Council's Resolution of Intention No. 2283 and to Resolution No. 2284 to Incur Bonded Indebtedness, both adopted February 20, 1985, declaring the Council's intention to form Community Facilities District No. 1985-l, Town of Tiburon, Marin County, Calfiornia (hereinafter "CFD 1985-l"), levy a special tax therein, to incur a bonded indebtedness and to hold public hearings, in regard thereto. 2. The Council has received and filed an affidavit of publication from the publisher of THE ARK establishing publication of said Resolutions of Intention and to Incur Bonded Indebtedness on March 27, 1985, in full compliance with Government Code Sections 53222 and 53346. This Council finds that all notice requirements for the public hearing have been satisfied. 3. Pursuant to Resolutions 2283 and 2284, the Council, on April 3, 1985, opened public hearings on the Resolution of Intention inCluding the formation of CFD 1985-l and the levy of a special tax therein, and on the Resolution to Incur Bonded Indebtedness. The Council finds that there are no registered voters residing within the proposed CFD 1985-l, nor have there been for more than the last 90 days. The Council further finds that the only owner of land within the proposed district are The Innisfree Companies, and that The Innisfree Companies have not protested the proceedings and are, in fact, favorable toward them. 4. This Council hereby finds that all proceedings taken in this matter prior to and including the adoption of this Resolution have been valid and in conformity with the requirements of the Mello-Roos Community Facilities Act of 1982, as amended. This finding is final and conclusive upon all persons in accordance with Government Code Section 53325.1(b). * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Drafted: 4/3/85 RESOLUTION NO. 2290(L) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING TRESTLE GLEN SHOULDER AND SLIDE REPAIR WHEREAS, the 1984 Trestle Glen Shoulder and Slide Repair, Project No. 84-T-l5 has been complated satisfactorily. NOW, THEREFORE, BE IT RESOLVED that such work be accepted by the Town Council of the Town of Tiburon in accordance with the provisions of Section B of Article XI of the Specifications. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: aoUNCILMEMBERS: RESOLUTION NO. 2289 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING AND RECOMMENDING THE AMENDMENT OF INSURANCE CODE SECTION 533, EVIDENCE CODE SECTION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PUNITIVE DAMAGES WHEREAS, plaintiffs in lawsuits instituted against public officials and employees are increasingly seeking punitive damages knowing that because such officers and employees are personally liable, there is greater pressure towards settlement of the litigation even where such claims are not well founded; and WHEREAS, there are instances where punitive damages have been awarded by juries against public officials and employees principally because such persons are perceived to be unpopular defendants; and WHEREAS, juries have awarded punitive damages against public officers because relevant but prejudicial evidence was excluded at trial and the juries were not apprised of all the facts and it is believed that the admission of all relevant evidence at a trial wherein punitive damages are sought would help prevent any unjust award of punitive damages against public employees; and WHEREAS, it is believed that municipalities should hav~ the authority to pay for and insure their employees against punitive damages; and WHEREAS, awards of punitive damages do constitute disincentives to qualified persons to enter or remain in the public service and is therefore contrary to the interests of all citizens of this State. NOW, THEREFORE, the Town Council of the Town of Tiburon, California does hereby find, determine, and resolve as follows: SECTION 1. That it does support and recommend that Insurance Code Section 533, Evidence Code Section 352 and Government Code Sections 825 and 990 as they concern punitive damages be amended to read as follows: Insurance Code Section 533. S 533. Willful act of insured; negligence An insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured's agents or others. Nothinq contained herein is intended to prohibit an insurer from insurinq an insured and its employees and aqents aqainst a claim or iudqement for exemplary or punitive damaqes. Evidence Code Section 352. S 352. Discretion of courts to exclude evidence. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice of conf~sing the issues, ~or of misleading the jury. Notwithstandinq the foreqoinq provisions of this section, the court shall have no discretion and shall not exclude any relevant evidence offered aqainst any party who is: (a) seekinq punitive or exemplary damaqes or (b) seekinq any damaqes aqainst a peace officer for acts performed in the course and scope of his or her employment as a peace officer. Government Code Section 825 S 825. Request for defense or defense by public entity; payment of jUdgement, compromise or settlement; agreement with employee; reservation of rights; memorandum of understanding If an employee or former employee of a public entity requests the public entity to defend him against any clpim or action against him for an injury arising out of an act or omission occurring within the scope of his employment as an employee of the public entity and such request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in goodfaith in the defense of the claim or action, the public entity shall pay any jUdgement based thereon or any compromise or settlement of the claim or action to which the public entity has agreed. If the public entity conducts the defense of an employee or former employee against any claim or action with his reasonable good faith cooperation, the public entity shall pay any judgement based thereon or any compromise or settlement of the claim or action to which the public entity has agreed; but, where the public entity conducted such defense pursuant to an agreement with the employee or former employee reserving the rights of the public entity not to pay the jUdgement, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his employment as an employee of the public entity, the public entity is requird to pay the judgement, compromise or settlement only if it is estab1ished,that the injury arose out of an act or omission occurring in the scope of his employment as an employee of the public entity. ,/ Nothing in this section *** shall obliqate a public entity to pay such part of a claim or judgement as is for punitive or exemplary damages if the public entity makes a findinq that the payment of such claim or judqement would not be in the best interest of the public. Said finding of the qoverninq body shall only be made after it has reviewed the facts surroundinq the circumstances qivinq rise to the claim or 'ud ement includin a art not limited to an re orts testimon and or ud ements renderin in the court of law wherein said claim or jUdgement was adjucated. If the provlslons of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. Government Code Section 990 S 990. Authority to insure generally .Except for a liability which may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code, a local public entity may: (a) Insure itself against all or any part of any tort or inverse condemnation liability. (b) Insure any employee of the local public entity against all or any part of his liability for injury resulting from an act or omission in the scope of his employmen t. (c) Insure, contract or provide against a claim or the expense of defending a claim against the local public entity or its employee, whether or not liability exists on such claim, including a claim for damages under Section 3294 of the Civil Code or otherwise for the sake of example or by way of punishment, where such liability arose from an act or omission in the scope of his employment, and an insurance contract for such purpose is valid and binding notwithstanding Section 1668 of the Civil COde, Sectio~ 533 of the Insurance Code, or any other provision of law. (d) A hospital district may participate in a reciprocal or interinsurance exchange with the members of its medical staff as provided in Section 1284 of the Insurance Code. *** Underlining ( ) indicates additions by amendment. Asterisks (***) indicate deletions by amendment. SECTION 2. The Town Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Bergmann, Cox head NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2288 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING A TEMPORARY USE PERMIT FOR A PARKING LOT IN THE POINT TIBURON PROJECT Section 1. Findings. 1. Hank Baker on-behalf of Point Tiburon has requested a use permit to establish a parking ~ot for approximately l50 cars be granted by the Town of Tiburon. 2. The Town Council has considered the request and has determined that additional parking would be beneficial to the downtown area and that the establishment of the parking lot would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or property in the Town of Tiburon. 3. The Town has determined that certain conditions should be imposed upon the granting of a use permit concerning the operations of the parking lot. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does grant to Point Tiburon a use permit to operate a parking lot for 150 cars on its property in downtown Tiburon under the following conditions: 1. Hours of operation shall be Saturday and Sunday from 7:00 A.M. to 10:00 P.M. 2. The lot shall be maintained in a neat and clean condition satisfactory to the Director of Community Development. 3. The use permit shall expire nine (9) months from the date of this Resolution or at such time as the permanent parking lot is established whichever shall occur first. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 6, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: \ ATTEST: I RESOLUTION NO. 2287 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING A TEMPORARY USE PERMIT FOR A PARKING LOT AT MAR WEST & TIBURON BOUELVARD Section l. Findinqs. l. Keith Morrison on behalf of Main Street Properties has requested, a use permit to ~stablisQ a parking lot fo~ approxi- mately lOO cars be granted by the Town of Tiburon. 2. The Town Council has considered the request and has determined that additional parking would be beneficial to the downtown area and that the establishment of the parking lot would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or property in the Town of Tiburon. 3. The Town has determined that certain conditions should be imposed upon the granting of a use permit concerning the operations of the parking lot. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does grant to Main Street Properties a use permit to operate a parking lot for 100 cars on its property in downtown Tiburon under the following conditions: 1. The lot shall be maintained in a neat and clean condition satisfactory to the Director of Community Development. 2. The use permit shall expire nine (9) months from the date of this Resolution or at such time as the permanent parking lot is established at Point Tiburon whichever shall occur first. 3. Applicant is responsible for establishing and marking a pathway from the parking lot in consultation with the Town Engineer connecting the parking lot with the downtown facilities. 4. At the time of termination of this temporary use permit, applicant shall follow direction of Council with respect to condition of the surface of the parking lot. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 6, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: OOUNCILMEMBERS: None ", R. RESOLUTION NO. 2286 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING URBAN THOROUGHFARE FUNDS FOR THE TIBURON BOULEVARD SIGHT DISTANCE CORRECTION AT STEWART DRIVE, FROM THE MARIN COUNTY DIRECTOR OF PUBLIC WORKS WHEREAS, the County of Marin and Town of Tiburon have entered ipto agreement for~the imp~ovement of urban thoroughfares dated January 17, 1967; and WHEREAS, the Town of Tiburon agrees to allocate $85,000 in matching funds towards the Tiburon Boulevard/Stewart Drive sight distance correction; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon requests that the County of Marin allocate the $85,000 from the Urban Thoroughfare Fund of 1985-86 to be matched by the $85,000 from the Town of Tiburon for the Tiburon Boulevard/Stewart Drive sight distance correction. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATTA2l// ~. R. t.. KLEIbAGER/CLERK RESOLUTION NO. 2285 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT FOR LEGAL SERVICES COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: l. This Town Council approves that certain agreement between the Town of Tiburon and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, 'for services of that firm as Special Bond Counsel for Community Facilities District No. 1985-l, Town of Tiburon, Marin County, California~ dated February 20, 1985, and attached to this resolution. 2. The Mayor is authorized to sign the agreement and the Town Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Drafted: February 20/85 AGREEMENT FOR LEGAL SERVICES COMMUNITY FACILITIES DISTRICT NO. 1985-1 TOWN OF TIBURON This is an agreement for legal services between the Town of Tiburon, a municipal corporation of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professibnal corporation, 'Attorneys at Law, Emeryville, California, referred to as Bond Counsel. l. Client retains Bond Counsel as special counsel to perform the following legal services relating to Community Facilities District No. 1985-l, Town of Tiburon, Marin County, California. (a) Preparation of all forms of resolutions, notices, affidavits, and other documents required by the Community Facilities Act of 1982. (b) The preparation of written instructions to Client's Clerk and other staff members concerning the performance of legally-required duties. (c) Review of documents prepared by Client's engineering staff or consulting engineers, including the method of allocation of the special tax. (d) Attendance at the public hearings on the Resolution of Intention and the Resolution to Incur Bonded Indebtedness (including continuances of the hearings, if any). (e) Attendance at all other public meetings of Client at which matters relating to the community facilities district are considered, except routine matters. (f) Attendance at staff meetings or meetings of property owners, upon the request of the Client, after reasonable notice. (g) Telephone consultation with staff members and property owners to answer legal questions about the proceedings. (h) Arrangements for the printing of bonds, including the printing of a bond register and, if required, installment notices. (i) Arrangements for the sale of bonds either by negotiation or by public bid, at the option of Client, including a review of financial disclosure requirements and, if required, the preparation of the notice inviting bond bids. (j) The preparation of bond delivery documents. (k) The rendition of a legal opinion on the validity of the bonds and the proceedings leading to their issuance. (l) Preparation and execution of a program to collect delinquent special taxes on behalf of the Town, including the filing and prosecution of foreclosure actions in Superior Court in connection therewith. 2. The services of Bond Counsel under this agreement shall not include the following: (a) Legal services in connection with the acquisition of interests in real property, either through negotiation 'or through exercise of the power of eminent domain. .- (b) Legal services in connection with litigation. The performance by Bond Counsel of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3. In consideration of the services set forth in paragraph 1, Client shall pay to Bond Counsel the following fee and costs: (a) The legal fee of Bond Counsel shall be a scaled percentage of the bonded indebtedness incurred by the Community Facilities District. (b) The legal fee shall be an amount equal to two and one-half percent (2-1/2%) of that portion of the amount of bonded indebtedness not exceeding $1 million, plus one percent (1%) of that portion of the amount of bonded indebtedness exceeding $l million. The fee shall be not be less than $1,500. (c) Costs shall be reimbursed to Bond Counsel as follows: 1) The cost of transportation, meals and lodging. 2) The cost of long distance telephone calls: at billed cost. 3) The cost of photocopying: lO cents per sheet. The cost of other services for which Bond Counsel makes arrangements under this agreement (such as bond printing costs) shall be billed to the Client and shall be paid by Client directly to the payee. (d) Payment by Client of the legal fee is contingent upon the sale and delivery of bonds secured by special taxes levied within the Community Facilities District. If for any reason, special taxes are not levied and bonds delivered, Bond Counsel shall be paid no legal fee. Both the legal fee and costs are payable upon delivery of the bonds. 4. Bond Counsel certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the community facilities district, except as Bond Counsel under this agreement. Bond Counsel does not represent any owner of property within the proposed boundaries of this community facilities district, and has not received a fee from any source for 2 services connected with the project. DATED: February 20, 1985 TOWN OF TIBURON, a municipal corporation of the S te of Californ'a By ~.. ATTEST: BYR. L~ LEIN T, TO MANAGER/CLERK BRUNSELL & SPERRY c~r7[; Edwin N. Ness B 3 RESOLUTION NO. 2284 A RESOLUTION OF THE TOWN COUNCIL OF THE TO~iN OF TIBURON TO INCUR BONDED INDEBTEDNESS COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: 1. The Council declares and finds that in order to finance and construct the~public i~provements described in this Council's Resolution No. 2283 , "Resolution of Intention to Form Community Facilities District and'Levy a Special Tax," it is necessary to incur a bonded indebtedness. 2. The purpose for which the proposed debt is to be incurred is to provide a portion of the funds necessary to pay for the cost of said public improvements. 3. The amount of the proposed debt is $5,950,000.00. 4. The Council hereby sets Wednesday, April 3, 1985, at 7:30 p.m., or as soon thereafter as the Council may reach the matter, in the meeting place of the Town Council, Hilarita Apartments Community Room, lOO Ned's Way, Tiburon California, as the time and place for a hearing by the Town Council on the proposed bond issue. At that time and place any persons interested, including all persons owning property in the area, will be heard. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20, 1985, by the fOllowing vote: AYES: COUNCILMEMBERS: Spratling, Bergmann, Wilson, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATTES~~ R. L: K E NERT, TOWN MANAGER/CLERK Drafted: February 20/85 ~ RESOLUTION NO. 2283 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT AND LEVY A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1985-l The Town Council of the Town of Tiburon resolves: .- l. It is proposed to establish a community facilities district congruent with the Point Tiburon Development under the terms of the Community Facilities Act of 1982, Chap~er 2.5 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311. The exact boundaries of the proposed community facilities district are shown on the boundary map attached hereto as Exhibit A. 2. The name of the proposed community facilities district shall be "Community Facilities District No. 1985-l, Town of Tiburon, Marin County, California" ("CFD 1985-l"). 3. The types of public facilities proposed to be provided within CFD 1985-l are as follows: a. The construction and acquisition of Beach Road from Esperanza Road to the vicinity of Marsh Road, the realignment and reconstruction of Paradise Drive between Main Street and Mar West Road, the construction and acquisition of a turn-around on " Paradise Drive at the intersection of Mar West Road~ and the improvement of Mar West Road from Paradise Drive to Beach Road including demolition, clearing, grading, installation of base and paving, curb and gutter, sidewalk, drainage facilities, and all oth~r improvements and appurtenances necessary for a completed public improvement. b. The construction and acquisition of a shoreline park southeast of Paradise Drive, the construction and acquisition of two tennis courts and parking area, and the landscaping in public areas and the shoreline park including grading, paving, planting, and irrigation facilities, and all other appurtenances necessary for a completed public improvement. c. The construction and acquisition of flood control works and storm drainage facilities including the construction of a retention basin, discharge conduit to Raccoon Straits, storm drain conduits, and drainage structures, and all other improvements and appurtenances necessary for a completed public improvement. d. The ins~allation and acquisition of a sanitary sewer system, water system, and joint trench utilities including sewer mains, sewer structures, pump stations, water mains, fire hydrants, gas, electric, -telephone and television cable facilities, the undergrounding of existing overhead utilities and other improvements and appurtenances necessary for a completed public improvement. e. The acquisition of capacity in the Town's Flood Plain Restoration Project, Marsh Restoration Project, the Downtown Tiburon Boulevard Project, the Tiburon Traffic Improvement Project and off-site traffic improvements to Tiburon Boulevard, Mar West Road, Paradise Drive, Beach Road and intersections thereto. The costs of the acquisition of such capacities are as described in the Point Tiburon Development Agreement tIj x ::r:: H tl:l H 1-3 :J::.o ~ou~~ ~EDULe I ~~7"~2D'w 124 f4' 2 ~II. 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'2LX:J' " \ l-EGEND PI20pn!.El? :,'~n",= ~N=""'y BOUNDARIES OF PROPOSED COMMUNLTY FACILITIES DISTRICT NO, 1985-1 Town of Tiburon I County of Mcrin, State of California FEBRUARY 1985 SCHWARTZ, WAAG ASSOC., INt Sa" Rafael Cahfot1'ltO MET 1 OF I COMMUNITY FACILITIES DISTRICT NO. 1985-l TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA Parcel descriptions are from the recorded condominium map for Point Tiburon. Maximum annuai speciar tax as follows: l. Residential units 3, 4, 6, 7, l3, l4, l6, l7, 19, 20, 22, 23 and 27 through 34, inclusive the low and moderate income units shall be subject to a maximum annual special tax of $2,000.00 per unit. 2. Residential units l, 2, 5, 8 through l2, inclusive, l5, 18, 2l, 24 through 26, inclusive, and 35 through l55, inclusive, shall be subject to a maximum annual special tax of $4,6l2.94 per unit. 3. Building l3 shall be subject to a maximum annual special tax of $98,882.10 4. Building l4 shall be subject to a maximum annual special tax of $64,547.25. EXHIBIT B Recording requested by TOWN OF TIBURON When recorded mail to ROBERT I. CONN, Town Attorney 874 Fourth Street San Rafael, CA 9490l ~S008~" RESOLUTION NO.2282 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING OFFER OF DEDICATION OF MOUNT TIBURON ROAD FROM MOUNT TIBURON PROPERTIES, INC. WHEREAS, the Town C'ounci 1 of the Town of Tiburon, on January 30, 1985, indicated its intent to accept the offer of dedication of Mount Tiburon Road from Moun,", r:"~bl.LOn Properties, Inc.; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby accepts the Offer of Dedication of Mount Tiburon Road, as more particularly described in Exhibit "A" attached hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon onFebruary 20 , 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith None NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NO~~~);Jl~ Mayor ATTEST: ~.. R. ~T' Town Manager/Clerk " v :.,~) J'S, 1 ...: l:. :-.j lJ:: ~-, i ~.J: Recording requested by TOvJll OF TIBURON When recorded mail to ROBERT I. CONN, Town Attorney 874 Fourth Street 3an Rafael, CA 94901 AGENCY SHOWN 85008~f4 i93S MAR -l. PH 2: 15 ,- ;,~ :,' \. :\:~ , :-. j....: '~~-('~l:-~ij/,; r'1..~r\t:.t \.-,\..fi.+)!~ I 1 '-,..,'-':.~_~j ,:Jt \11., l .~... Hi~!jC~: S:y,t-[r< No Fee GC8103 OFFER OF DEDICATION WE, MOUNT TIBURON PROPERTIES, INC., (dissolved July 30, 1982), the undersigned, being the present title owners of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the Town of Tiburon and its successor or assign, for street and highway purposes, the real property situated in the Town of Tiburon, State of California, described as follows: ONLY THE LAND USED AS MOUNT TIBURON (ROAD) IN THE FOLLOWING UNITS: UNIT 1 - AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF HOUNT TIBURON UNIT - 1", FILED SEPTEMBER 7, 1962 IN BOOK 11 OF MAPS AT PAGE 37, MARIN COUNTY RECORDS, AND UNIT 2 - AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF MOUNT TIBURON UNIT ~ 2", FILED DECEMBER 31, 1962 IN BOOK 11 OF MAPS AT PAGE 57, MARIN COUNTY RECORDS. It is understood and agreed that the Town of Tiburon and its successor or assign shall incur no liability with respect to such offer of dedication and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Town Council, or of the local governing body of its successor or assign. The provisions hereof shall inure to the benefit of and be binding upon the heirs, successors, assigns, and personal repre- sentatives of the respective parties hereto. page 1 of 2 R5008~'~ This offer of dedication is being executed by Irving V. Moulin, who was President of Mount Tiburon Properties, Inc., which was dis- solved on July 30, 1982. The California Corporations Code, Section 2010 (a) states, "A corporation which is dissolved neverthe- less continues to exist for the purpose of winding up its affairs..." DATED: j/I i/ /2 ,{ /~ -" ,,{y/~ , '---'"~. (;,.., v ------= Inc. NOTARY State of California ) County of Marin ) ss. On this the undersigned 31st day of December 19--1L4 before me, , a notary public, personally appeared IRVING V. MOULIN, (personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument) as president of the corporation therein named and acknowledged to me that the corporation executed it. (Notarial Seal) ~/1~ ;/ Cf7~A7 / - Notary Pubtlc for the State of California My commission expires: April 22. 1988 , 19a-L G"."-.. SUSAN J. FARRIS NOTARY PUBlIC-CALlFORNIA MARIN COUNTY My C.ommission hpires April 22. 1988 - ,-~~~. page 2 of 2 -',' RESOLUTION NO. 2281 RESOLUTION AMENDING RESOLUTION OF INTENTION NO.2009 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 No. 2009, entitled, "Resolution of Intention to Order Improvement in La Cresta" Assessment District No. I~ Town of Tiburon, Marin County, California." Resolution No. 2009 is hereby amended by adding thereto the following: "The procedure for 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 on January 30, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ATTEST: ABSENT: COUNCILMEMBERS: R. Drafted: January 30/85 RESOLUTION NO. 2280 A ~SOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A FIVE YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1985-86 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE WHEREAS, the Town of Tiburon desires to continue to participate in the Federal Aid Urban program for funding approved transportation projects a~ authorized by the Federal Highway Act of 1973 and succeeding amendments; and WHEREAS, the Federal Highway Act, the State Transportation Board, and the Metropolitan Transportation Commission require that a program of projects approved for Federal Aid Urban funding be established by a countywide committee consisting of representatives from each City, the County, Transit District, CAL/TRANS, Golden Gate Bridge District and the Metropolitan Transportation Commission; and WHEREAS, the Board of Supervisors has approved procedures for the Federal Aid Urban 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 December 12, 1984; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the five-year Federal Aid Urban Program of projects beginning FY 1985-86 recommended by the Marin County Urban System Committee as specified in Exhibit A attached hereto. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Board of Supervisors of the County of Marin for approval as the Marin County Federal Aid Urban System Program. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on January 30, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Bergmann Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: AT$~ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2279 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING PRECISE PLAN AMENDMENT FOR 16 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon has received and considered the Precise Plan Amendment by Sam Davis on behalf of the owner, Romana Della Santina, to establish an outdoor eating ar~a for ten tables: in the (ear of Tiburon Bar and Grill Restaurant at 16 Main Street and has reviewed and considered the recommendation of the Planning Commission; and Section 1. Findings. A. The Town Council has found that the use is in conformance with the general intent of the Downtown Plan and with the General Plan of the Town of Tiburon, although non-conforming in certain regards, particularly provision of offstreet parking. B. The Town council believes that an exception to the parking requirements is warranted because the increased parking demand will be insignificant and furthermore will be mitigated, in part, through the use of non-vehicular modes of transportation. C. The Town Council has made affirmative findings consistent with the standards required in Section 10.lO of the Tiburon Zoning Ordinance dealing with the PD (Planned Development) District. D. The Town Council believes the use will not be detrimental but, in fact, will enhance the down town area. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does approve the Precise Plan subject to the following conditions: 1. The trash area shall be screened with a 6 foot high wall or totally enclosed, whichever meets or exceeds the standards of the County Health Department. The plans shall be submitted for staff approval in consultation with the Health Department. 2. The fence parallel to Juanita Lane shall be reduced to 4 feet in height with the remainder of the fence kept at a height of 6 feet. 3. Landscaping shall be installed as shown with a complete irrigation system. 4. The paved frontage along Juanita Lane shall be done in brick consistent with the material and pattern used on Tiburon Boulevard. 5. Any plans for outdoor lighting shall be reviewed and approved by staff prior to implementation. 6. A plan shall be prepared for review and approval by staff for bicycle parking adjacent to the outdoor eating area. 7. There shall be no ampliefed music or live entertainment permitted on the premises indoors or outdoors. Any entertainment shall not be audible beyond the premises. 8. The use shall be subject to review by the Town as directed by the Town Council to determine compliance with conditions of approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Bergmann NOES; ABSENT: COUNCILMEMBERS: N.one COUNCILMEMBERS: Smith LL~ VALERIE BERGMANN, VIC MAYOR Town of Tiburon Drafted: October 31, 1984 Amended: 1/7/85 RESOLUTION NO. 2278 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING DEED Recitals: 1. The Tiburon Peninsula Club, a non-profit membership corporation ("Club") and the Town of Tiburon ("Town") have heretofor~ (December 24, 1984) entered into an agreement regarding the transfer of certain real property owned by the Club to Town for the purpose of enabling Town to develop and reclaim the marsh in downtown Tiburon. 2. Club has executed and delivered to Town a Deed to said real property, a copy of which Deed is attached as Exhibit "l" hereto. 3. The Town Council wishes to accept said Deed. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby accepts said Deed and the Town Clerk is authorized to record the same in the office of the Marin County Recorder, together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon duly held on January 7, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smi th ~B~ Town of Tiburon ATTEST: ~ MANAGER/CLERK