HomeMy WebLinkAboutTC Res 1989 (September thru October)
RESOLUTION NO. 2638
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AUTHORIZING ISSUANCE OF REFUNDING BONDS
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
Section 1. RECITALS. On October 18, 1989, the Town
Council of the Town of Tiburon adopted its resolution of intention
to conduct reassessment proceedings and issue refunding bonds in
cibrian Drive/La Cresta Assessment District Refunding 1989-1, Town
of Tiburon, Marin County, California, under the provisions of the
Refunding Act of 1984 for 1915 Improvement Act Bonds (the IIAct").
Proceedings taken under the Act led to the levy of reassessments by
the City Council against parcels of land within the reassessment
district in the total amount of $840,000.00.
These reassessments will be recorded in the office of the
County Recorder of Marin County, and thereupon will become a lien
on each of the reassessment parcels. The refunding bonds are being
issued in the amount of the total reassessment.
Section 2. ISSUANCE OF BONDS. The Town Council hereby
authorizes the issuance of refunding bonds under the provisions of
the Act to be secured by the reassessments. Each bond shall be
designated, IILimited Obligation Refunding Bond, Town of Tiburon,
Cibrian Drive/La Cresta Assessment District Refunding 1989-1,
Series No. 1989-111. In all respects not specified in this
resolution, the bonds shall be issued in the manner prescribed by
the Act. Bonds shall be issued in denominations of $5000 or
integral multiples thereof, and shall be dated October 24, 1989.
Bonds shall mature and shall bear interest at the rates set forth
in the table attached as Exhibit A.
Section 3. APPOINTMENT OF FISCAL AGENT. PAYING AGENT.
REGISTRAR AND TRANSFER AGENT. The Town Council hereby appoints
Bank of America National Trust and Savings Association as fiscal
agent, paying agent, registrar and transfer agent for the bonds in
accordance with an agreement between the Town and Bank of America.
Section 4. FORM AND EXECUTION. Bonds shall be issued as
fully registered bonds substantially in the form set forth as
Exhibit B to this resolution. The bonds shall be signed by the
Town Clerk and the Treasurer 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 to each bond authenticated
and registered by it a distinctive letter, or number, or letter and
number, and shall maintain a record thereof which shall be
available to the Town for inspection.
Section 5. ESTABLISHMENT OF SPECIAL FUNDS. For
administering the proceeds of the sale of bonds and payment of
interest and principal on the bonds, there are hereby established
five funds to be known as the refunding fund, the redemption fund,
the special reserve fund, the investment earnings fund, and the
arbitrage rebate fund, respectively, for Cibrian Drive/La Cresta
Assessment District Refunding 1989-1.
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section 5.1. REFUNDING FUND. Except as provided in
section 5.3, proceeds of sale of the bonds, together with the
redemption fund and special reserve fund for the outstanding bonds
for Cibrian Drive Assessment District No. 83-1 and La Cresta
Assessment District No. 1 shall be deposited in the refunding fund
to be maintained by the Director of Finance. Disbursements from
the refunding fund shall be made by the Director of Finance in
accordance with the budget of estimated costs and expenses set
forth in the reassessment report heretofore approved by the Town
Council, which report and budget are subject to modification by the
Town Council from time to time as prescribed by the Act. Any
surplus remaining in the refunding fund after the retirement of all
bonds of the refunded issue shall be transferred to the reserve
fund.
Section 5.2. REDEMPTION FUND. The redemption fund shall
be maintained by the Director of Finance. All payments of
principal and interest installments on the reassessments, together
with penalties, if any, shall be deposited in the redemption fund,
which shall be a trust fund 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
redemption fund.
Section 5.3. SPECIAL RESERVE FUND. The special reserve
fund shall be maintained by Bank of America. There shall be
deposited into the special reserve fund the amount of $42,000.00
(the "Reserve Requirement") from the proceeds of the sale of bonds.
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The Bank of America shall invest said reserve fund in accordance
with the Town of Tiburon's statement of investment policy to be
provided to the Bank by the Director of Finance.
A. During the term of" the bonds, the amount in the
special reserve fund shall be available for transfer into the
redemption fund in accordance with Section 9620 of the Streets and
Highways Code, to the extent of delinquencies in the payment of
reassessments (or delinquencies, if any, in the assessments
replaced by the reassessments).' The amount so advanced shall be
reimbursed to the special reserve fund from the proceeds of
redemption or sale of the parcel for which payment of delinquent
reassessment installments was made from the special reserve fund.
B. If any reassessment is prepaid before final maturity
of the bonds, the amount of principal which the assessee is
required to prepay shall be reduced by an amount which is in the
same ratio to the original amount of the special reserve fund as
the original amount of the prepaid reassessment bears to the total
amount of reassessments originally levied in Cibrian Drive/La
Cresta Assessment District Refunding 1989-1. This reduction in the
amount of principal prepaid shall be balanced by a transfer from
the special reserve fund to the redemption fund in the same amount.
C. The amounts deposited in the reserve fund will never
exceed 10% of the proceeds of the bond issue. Proceeds of
investment of the special reserve fund shall be deposited in the
investment earnings fund.
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D. When the amount in the special reserve fund equals or
exceeds the amount required to retire the remaining unmatured bonds
(whether by advance retirement or otherwise), the amount of the
special reserve fund shall be transferred to the redemption fund,
and the remaining installments of principal and interest not yet
due from assessed property owners shall be cancelled without
payment.
Section 5.4. INVESTMENT EARNINGS FUND. Proceeds of the
investment of amounts in the refunding fund (except proceeds to be
used for retirement of the refunded bonds), and the special reserve
fund will be deposited in the investment earnings fund. On July 1
of each year during the term of the bonds (or at other times as may
be required or permitted by regulations of the united States
Internal Revenue pervice), the Director of Finance shall determine
whether any portion of investment earnings nlust be rebated to the
United States pursuant to Section 148 of the United States Internal
Revenue Code and regulations adopted thereunder. Any- amounts
required to be rebated will be transferred to the arbitrage rebate
fund, and the balance will be transferred as follows:
(a) To the extent that the balance in the special
reserve fund is less than the Reserve Requirement, a transfer will
be made from the investment earnings fund to the special reserve
fund.
(b) The remaining balance in the investment earnings
fund, if any, will be transferred to the redemption'fund to be
used, in the ,discretion of the Director of Finance, as a credit
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upon the annual installments of reassessments or for the advance
retirement of bonds.
The Director of Finance is authorized to retain
independent attorneys, accountants and other consultants to assist
in complying with Federal requirements.
Section 5.5. ARBITRAGE REBATE FUND. Amounts in the
arbitrage rebate fund shall be invested in the same manner as
amounts in the other funds and shall be held in trust for rebate to
the United States at the times required by section 148 of the
united States Internal Revenue Code and regulations adopted
thereunder.
section 6. PAYMENT ON BONDS. The principal and interest
on the bonds shall be payable at the office of Bank of America
National Trust and Savings Association, Corporate Agency Division,
P. O. Box 37000, San Francisco, California 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 denominations of $5000 or
any integral multiple thereof.
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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. Not later than
October 1 in any year, the Town shall file an action in the
Superior Court to foreclose the lien of each delinquent
reassessment if the sum of uncured reassessment delinquencies for
the preceding fiscal year exceeds five percent (5%) of the
reassessment installments posted to the tax roll for that fiscal
year, and if the amount of the special reserve fund is less than
the Reserve Requirement.
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, could
have caused the bonds to be lIarbitrage bondsll within the meaning of
section 148 of the united States Internal Revenue Code of 1986, and
regulations of the Internal Revenue Service adopted thereunder, and
further shall rebate to the United States any amounts actually
earned as arbitrage in accordance with the provisions of that Code
and those regulations.
Section 8.3. MAINTENANCE OF TAX EXEMPTION. The Town
will take all reasonable actions required to maintain the status of
the bonds as bonds exempt from federal income taxes and State.of
California personal income taxes.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 18, 1989, by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Duke, Mayberry,
Shaw, Logan
COUNCILMEMBERS: None
NOES:
ABSENT:
MAYOR
ATTEST:
8
MATURITY SCHEDULE OF BONDS
CITY OF TIBURON
Cibrian Dr./La Cresta A.D. Refunding No. 1989-1
Bonds mature on September 2 in the years
and amounts, and bear interest at the annual
rates, set forth below.
YEAR FACE AMOUNT RATE(%)
1991 60,000.00 6.600
1992 45,000.00 6.700
1993 45,000.00 6.800
1994 50,000.00 6.900
1995 55,000.00 7.000
1996 55,000.00 7.150
1997 60,000.00 7.300
1998 65,000.00 7.400
1999 65,000.00 7.500
2000 75,000.00 7.600
2001 80,000.00 7.700
2002 90,000.00 7.750
2003 95,000.00 7.750
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TOTAL: 840,000.00
"EXHIBIT A
united states of America
state of California
County of Marin
REGISTERED
REGISTERED
Number
$
LIMITED OBLIGATION REFUNDING BOND
TOWN OF TIBURON
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
SERIES NO. 1989-1
INTEREST RATE
MATURITY DATE
BOND DATE'
CUSIP NUMBER
REGISTERED OWNER:
PRINCIPAL SUM:
Under and by virtue of the Refunding Act of 1984
for 1915 Improvement Act Bonds, Division 11.5 of the Streets and
Highways Code, (the "Actll), the Town of Tiburon, County of Marin,
State of California, (the IITownll), will, out of the redemption
fund for the payment of the bonds issued upon the unpaid portion
of reassessments made for the refunding of all outstanding 1915
Act bonds in La Cresta Assessment ,District No.1 and Cibrian
Drive Assessment District No. 83-1, more fully described in the
Resolution of Intention adopted by the Town Council of the Town
of Tiburon on the 18th day of October, 1989, pay to the
registered owner stated above or registered assigns, on the
maturity date stated above, the principal sum stated above, in
lawful money of the United States of America and in like manner
will pay interest from the interest payment date next preceding
the date on which this Bond is authenticated, unless this Bond is
authenticated and registered as of an interest payment date, in
which event it shall bear interest from such interest payment
'date, or unless this Bond is authenticated and registered prior
to March 2, 1991, in which event it shall bear interest from its
date, until payment of such principal sum shall have been
discharged, at the rate per annum stated above, payable
semiannually on March 2 and September 2in each year commencing
on March 2, 1991. Both the principal hereof and redemption
premium hereon are payable at the principal corporate trust
office of Bank of America National Trust and Savings
Association-Corporate Agency Division, or its successor, as
Transfer Agent, Registrar and Paying Agent, in San Francisco,
EXHIBIT B
California, and the interest hereon is payable by check or draft
mailed to the owner hereof at the owner's address as it appears
on the registration books of the Bank, or at such address as may
have been filed with the Bank for that purpose, as of the
fifteenth day immediately preceding each interest payment date.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH IN THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL
PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This Bond will continue to bear interest after maturity
at the rate above stated, provided, it is presented at maturity
and payment thereof is refused upon the sole ground that there
are not sufficient moneys in said redemption fund with which to
pay same. If it is not presented at maturity, interest thereon
will run until maturity.
This Bond shall not be entitled to ariy benefit under
the Act or the Resolution Authorizing Issuance of Bonds (the
"Resolution of Issuancell), or become valid or obligatory for any
purpose, until the certificate of authentication and registration
hereon endorsed shall have been dated and signed by the Bank.
IN WITNESS WHEREOF, said Town of Tiburon has caused
this Bond to be signed in facsimile by the Treasurer of said Town
-and by its Clerk, and has caused its corporate seal to be
reproduced in facsimile hereon all as of the 24th day of October,
1989.
TOWN OF TIBURON
Clerk
Treasurer
( SEAL)
Certificate of Authentication and Registration
This is one of the Bonds described-in the within mentioned
Resolution of Issuance, which has been authenticated and
registered on.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
as paying agent, transfer agent and registrar
By
Authorized Officer
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(REVERSE OF BOND)
TOWN OF TIBURON
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
ADDITIONAL PROVISIONS OF THE BOND
This Bond is one of several annual series of bonds of
like date, tenor and effect, but differing in amounts, maturities
and interest rates, issued by the Town of Tiburon under the Act
and the Resolution of Issuance, for the purpose of refunding
bonds described in said proceedings, and is secured by the moneys
in said redemption fund and by the unpaid portion of said
reassessments made for the payment of said improvements, and,
including principal and interest, is payable exclusively out of
said fund.
This Bond is transferable by the registered owner
hereof, in person or by the owner's attorney duly authorized in
writing, at said office of the Bank, subject to the terms and
conditions provided in the Resolution of Issuance, including the
payment of certain charges, if any, upon surrender and
cancellation of this Bond. Upon such transfer, a new registered
Bond or Bonds, of any authorized denomination or denominations,
of the same maturity, for the same aggregate principal amount,
will be issued to the transferee in exchange therefor.
Bonds shall be registered only in the name of an
individual (including joint owners), a corporation, a partnership
or a trust.
Neither the Town nor the Bank shall be required to
make such exchange or registration of transfer of bonds during
the fifteen (15) days immediately preceding any interest payment
date.
The Town will not obligate itself to advance available
funds from the Town treasury to cure any deficiency which may
occur in the bond redemption fund.. A determination not to
obligate itself 'shall not prevent the Town from, in its sole
discretion, so advancing funds.
The Town and the Bank may treat the registered owner
hereof as the absolute -owner for all purposes, and the Town and
the Bank shall not be affected by any notice to the contrary.
This Bond or any portion of it in the amount of $5,000
or any integral multiple thereof, may be redeemed and paid in
advance of maturity upon the second day of March or September in
any year by giving at least 30 days' notice by registered or .
certified mail, or by personal service to the registered owner
hereof at such owner's address as it appears on the registration
books of the Bank and by paying principal and accrued interest
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together with a premium equal to three percentum of the
principal.
I hereby certify that the following is a correct copy
of the signed legal opinion of STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, Emeryville, California, on file in my
office.
Town Clerk
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RESOLUTION NO. 2637
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING REASSESSMENT REPORT AND ORDERING REASSESSMENTS
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
The Engineer of Work filed the written report prescribed by
Section 9523 of the Streets and Highways Code. On the basis of the
information set forth in the Report, this Town Council hereby finds
and determines that the three conditions specified by section 9525
of the Streets and Highways Code are satisfied.
Accordingly, this Town Council is authorized to proceed with
approval and confirmation of the report and with authorized issuance
and sale of the proposed refunding bonds without notice to the
affected landowners or hearing on the report.
This Council hereby approves and confir~s the Reassessment
Report, including Exhibits A through H thereof.
All assessments originally levied in cibrian Drive Assessment
District No. 83-1 and La Cresta Assessment District No. 1 shall be
deemed supplanted and superseded by the reassessments proposed
hereby, except for unpaid installments of principal and interest due
and payable during or before fiscal year 1989-90.
Serial bonds representing unpaid reassessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
shall be issued in accordance with the terms and conditions of'the
Refunding Act of 1984 for 1915 Improvement Act Bonds (the IIActll),
and the last installment of the bonds shall mature twelve (12) years
from the 2nd day of September next succeeding twelve (12) months
from their date. The reassessments and interest thereon shall be
collected in the manner prescribed by the Act and are subject to
reassessment, amendment, and prepayment, all in accordance with the
provisions of the Act and the related provisions of the Improvement
Bond Act of 1915 which are incorporated therein.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 18, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry,
Shaw, Logan
None
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
None
MAYOR
ATTEST:
o&~~Y(~~~OWN CLERK
2
RESOLUTION NO. 2636
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS IN
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
This Town Council hereby determines that the public
interest or necessity requires the refunding of all outstanding
bonds previously issued as Series No. 1983-1, dated June 17, 1983,
cibrian Drive Assessment District No. 83-1, Town of Tiburon, Marin
County, California, and Series No. 1982-1, dated September 27,
1982, La Cresta Assessment District No.1, Town of Tiburon, Marin
County, California. This Town Council hereby declares its
intention to refund said outstanding bonds and to levy
reassessments pursuant to the Refunding Act of 1984 for 1915
Improvement Act Bonds (the IIActll) as security for said refunding
bonds.
This Town Council hereby directs SCHWARTZ.WAAG
ASSOCIATES, INC., to prepare and file with the Town Clerk of the
Town of Tiburon, a written report containing each of the items
specified by Section 9523 of the Act.
The reassessment shall include an allowance for the
establishment of a special reserve fund as provided by Section 9620
of the Streets and Highways Code.
Serial bonds representing unpaid reassessments, and
bearing interest at a rate not to exceed twelve percent (12%) per
annum, will be issued in the manner provided by the Act, and the
last installment of the bonds shall mature twelve (12) years from
RESOLUTION NO. 2635
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR LEGAL SERVICES
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
This 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 Cibrian Drive/La Cresta Assessment District Refunding
1989-1, City of Tiburon, Marin County, California, dated October
18, 1989, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 18, 1989, by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Duke, Mayberry, Shaw, Logan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
MAYOR
ATTEST:
AGREEMENT FOR LEGAL SERVICES
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
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 Town, and STURGIS, NESS, BRUNSELL & SPERRY, a
professional corporation, Attorneys at Law, Emeryville,
California, referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to Cibrian Drive/La
Cresta Assessment District Refunding 1989-1, Town of Tiburon, Marin
County, California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by the Municipal Improvement Act of
1913, including the legal format of the
engineer's report required by section 10204.
(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 boundary map, assessment diagram,
assessment roll, and the general provisions of
construction specifications.
(d) Attendance at the public hearing on the
engineer's report (including continuances of
the hearing, if any).
(e) Attendance at all other public meetings of
Client at which matters relating to the
assessment 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.
OR'~ UH r~'
,:;1 J\^;JI~~.r\;".
(g) Telephone consultation with staff members and
property owners to answer legal questions about
the assessment proceedings.
(h) Preparation of the notice inviting bids and
construction contract, if required, and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of improvement
bonds to represent unpaid assessments,
including, if required, the printing of a bond
register and assessment installment notices.
(j) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(k) Arrangements for the sale of improvement 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.
(1) The preparation of bond delivery documents.
(m) The rendition of a legal opinion on the
validity of the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(0) Preparation of the required reports to the
California Debt Advisory Commission (pursuant
to section 8855 et seq. of the Government Code)
and to the Internal Revenue Service (pursuant
to section 149 of the Internal Revenue Code of
1986).
(p) Preparation and execution of a program to
collect delinquent assessments on behalf of
Client, 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:
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(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 shall be an amount equal to
one and one-quarter percent (1 1/4%) of that
portion of the amount assessed not exceeding $1
million, plus one-half of one percent (1/2%) of
that portion of the amount assessed exceeding $1
million.
(b) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs advanced on
behalf of Client
2) The cost of preparing auditor's record, if required: 7
cents per assessment for each year of the bond issue, with
a minimum of $30.00.
3) Costs of Federal Express or similar delivery service.
4) Cost of preparation of notices to property
owners.
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.
(c) Payment by Client of the legal fee is contingent
upon the levy of assessments and the sale and
delivery of improvement bonds representing unpaid
reassessments in the reassessment district. If
for any reason, reassessments are not confirmed
and bonds delivered, Bond Counsel shall be paid
no legal fee. Both the legal fee and costs are
payable upon delivery of the bonds.
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4. Bond Counsel certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the reassessment district, except as Bond
Counsel under this agreement. Bond Counsel does not represent
any owner of PFoperty within the proposed boundaries of this
reassessment district, and has not received a fee from any
source for services connected with the project.
DATED: October 18, 1989
TOWN OF TIBURON, a
municipal corporation of
the state of Ca ofornia
By
P
ATTEST:
ESS, BRUNSELL & SPERRY
sional corporation
-~~
Edwin N. Ness
B
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RESOLUTION NO. 2634
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR ENGINEERING SERVICES
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
This Council approves that certain agreement between the
Town of Tiburon, and SCHWARTZ.WAAG ASSOCIATES, INC., for services as
Engineer of Work for Cibrian Drive/La Cresta Assessment District
Refunding 1989-1, Town of Tiburon, Marin County, California, dated
the 18th day of October, 1989, and attached to this resolution.
The Mayor is authorized to sign the agreement and the Town
Clerk is authorized to attest its execution.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 18, 1989, by the following
vote:
AYES: COUNCILMEMBERS: Coxhead, Duke, Mayberry, Shaw, Logan
NOES: COUNCILMEMBERS: None
ABSENT:
ATTEST:
AGREEMENT FOR ENGINEERING SERVICES
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
This is an agreement for engineering services between the
Town of Tiburon, a municipal corporation of the State of
California, referred to as Town, and SCHWARTZ.WAAG ASSOCIATES,
INC., referred to as Engineer.
1. Town retains Engineer as Engineer of Work for
Cibrian Drive/La Cresta Assessment District Refunding 1989-1, Town
of Tiburon, Marin County, California, to prepare the reassessment
report as required by Section 9523 of the Streets and Highways Code
(Refunding Act of 1984 for 1915 Improvement Act Bonds).
2. In consideration of the services set forth in
paragraph 1, Town shall pay to Engineer the amount of $2,000.00
within 30 days after delivery of refunding bonds in the
reassessment proceedings. In the event no bonds are delivered,
Engineer shall be paid no fee.
Dated: October 18, 1989
TOWN OF TIBURON
ATTEST:
~Y.(.~
Town Clerk ~
SCHWARTZ · WAA~:9:?Y,4:TES ,
By Q~, ,-//~ / }
/ / ./,
'~/
INC.
RESOLUTION NO. 2633
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING
THE TOWN OF TIBURON GENERAL PLAN UPDATE
WHEREAS, the Final Environmental Impact Report for the Tiburon General Plan
Update has been certified by Resolution No. 2632, adopted September 28, 1989, and
WHEREAS, the Final Environmental Impact Report for the General Plan Update
has been presented to the Town Council, and
WHEREAS, the Town Council has reviewed and considered the information
contained in the Final Environmental Impact Report prior to approving the General Plan
Update, and
WHEREAS, The Town Council has made written findings, attached as Exhibit "A"
and made a part hereof, and adopted a monitoring program, attached as Exhibit "B" and
made a part hereof, as required by the California Environmental Quality Act, and
WHEREAS, the Town Council has determined that the benefits of the General Plan
Update outweigh the unavoidable significant adverse environmental effects identified in the
Final Environmental Impact Report, and
WHEREAS, the Planning Commission held public hearings and accepted public
testimony on the General Plan Update on 10/26/88, 11/9/88, 11/22/88, 12/14/88, 1/3/89,
1/17/89, and 4/18/89, and
WHEREAS, the Town Council has held public hearings on the General Plan Update
on 6/6/89, 6/12/89, 6/19/89, 6/27/89, 7/11/89, 7/18/89, 7/25/89, 8/1/89, 8/8/89, and
8/15/89, and
WHEREAS, all notices and procedures required by law attendant to the adoption
of the updated General Plan have been followed.
NOW, THEREFORE, BE IT RESOLVED that the updated Tiburon General Plan
consisting of the following elements: Land Use, Open Space & Conservation, Circulation,
Housing, Safety, and Noise, as presented to the Town Council on September 28, 1989, is
hereby adopted with the exception that the Housing Element is adopted on an interim basis
until July 1, 1990 (the time period allowed for revision of the Town's Housing Element
pursuant to Government Code Section 65588 (b) (2)). The Town Council directs that the
following programs be completed so that the Housing Element can be adopted on or before
July 1, 1990:
1. Additional analysis of other special needs groups including handicapped, elderly,
large families, etc.
2. Additional analysis of hOUSing constraints as a result of government regulations.
3. Additional analysis of financing constraints.
4. Update demographic data to the extent the data is available.
S. Additional analysis of possible constraints to housing sites due to infrastrncture
constraints.
6. Update sections related to homeless and discrimination following receipt of Marin
County Fair Housing Advocacy Program in August, and
BE IT FURTHER RESOLVED that the Town Council adopts the Written
findings attached as Exhibit "A" and made a part hereof and adopts the mOnitoring
program attached as Exhibit "B" and made a part hereof as required by the California
Environmental Quality Act, and
BE IT FURTHER RESOLVED that the Town Manager is directed to file a
Notice of Detennination with the County Clerk and the Office of Planning and Research,
and
BE IT FINALLY RESOLVED that the Town Manager is directed to infonn
the Office of Planning and Research that the Town of TIburon has adopted an updated
General Plan.
PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town
of TIburon on September 28, 1989, by the fOllOwing vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Logan, Shaw, Mayberry, Duke
None
None
AlTEST:
~~~~f~
HI<.;RESI); · HENNEss OWN CLERK
FINDINGS IN CONNECTION WITH ADOPTION OF REVISED GENERAL PLAN
(PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT)
The following findings are hereby adopted by the Town
of Tiburon in accordance with Public Resources Code sections
21081 and 21081.5 and sections 15091 through 15093 of the CEQA
Guidelines.
I. proiect Alternatives
A. The Limited Growth Alternative
The limited growth alternative identified in the ErR is
infeasible for the following reasons:
1. The alternative is obsolete in that proposed
density designations for many of the large
undeveloped parcels are inconsistent with approved
project densities.
2. The alternative proposes densities for many
existing residential areas which would cause many
properties to be non-conforming.
3. The alternative fails to provide a circulation
system which is correlated with existing and
approved land uses, and proposed land uses.
4. Several provisions in this alternative could serve
to eliminate reasonable use of a number of
properties.
B. Existina General Plan Alternative (UNo proiectll)
The existing general plan alternative identified in the
EIR is infeasible for the following reasons:
1. The existing general plan is out of date and
legally inadequate.
2. The alternative fails to provide a circulation
system correlated with existing and approved land
uses, and proposed land uses.
3. Roadway improvements proposed in this alternative,
such as the widening of Tiburon Blvd., are
environmentally unacceptable.
C. Proposed General Plan Alternative
The proposed general plan alternative identified in the
EIR is infeasible for the following reasons:
1. The alternative is obsolete in that proposed
density designations for many of the large
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9/28/89
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1
undeveloped parcels are inconsistent with approved
project densities.
2. The alternative proposes densities for many
existing residential areas which would cause many
properties to be non-conforming.
3. The alternative fails to provide a circulation
system which is correlated with existing and
approved land uses, and proposed land uses.
4. Roadway improvements proposed in this alternative,
including the Ridge Road and widening of Tiburon
Boulevard, are environmentally unacceptable.
5. Several provisions contained in this alternative
could serve to eliminate reasonable use of a
number of properties.
II. Disposition of Mitiqation Measures Identified in EIR
A. The mitigation measures listed as 1 through 4, 13, 15,
and 16 through 22 in Section A of the Mitigation Reporting and
Monitoring Plan attached to Resolution No. as Exhibit A
have been included in and made part of the revised general plan.
The Town of Tiburon finds that the significant environmental
impacts which these mitigation measures address (as discussed in
the Mitigation Reporting and Monitoring Plan) will be avoided or
substantially lessened by inclusion in the Revised General Plan.
To the extent these mitigation measures will not substantially
lessen or avoid all significant impacts on the environment, the
Town of Tiburon finds that any remaining unavoidable significant
impacts are acceptable for the reasons specified in section III
below.
B. The mitigation measures listed as 5 through 12 and 23
in Section A of the Mitigation Report and Monitoring Plan
attached as Exhibit A to Resolution No. have been included
in and made a part of the Revised General Plan but despite
inclusion of these mitigation measures, there will remain
unavoidable significant impacts. The Town of Tiburon finds that
these remaining unavoidable significant impacts are acceptable
for the reasons specified in section III below.
C. The following mitigation measures identified in the EIR
have been rejected for the reasons stated below or are within the
jurisdiction of another agency. Because the Town does not know
when or if mitigation measures within the jurisdiction of another
agency will be implemented, all of the significant impacts these
mitigation measures address are considered to be unavoidable
significant impacts. For those mitigation measures which have
been rejected, each finding states whether the associated impacts
are mitigated to a less than significant level or are unavoidable
significant impacts. To the extent that any of these mitigation
measures will not substantially lessen or avoid all significant
effects on the environment, the Town of Tiburon finds that the
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remaining unavoidable significant impacts are acceptable for the
reason specified in Section III below.
LAND USE
1. Impact: Conversion of approximately 500 acres of
undeveloped land to urban development.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should redesignate the potential open
space areas to permanent open space and include
general plan policies and implementation measures
requiring that designated potential open space
areas be retained in permanent open space. Legal
protection of these areas would permanently retain
51 percent of total undeveloped land within the
general plan area.
o None available other than prohibiting additional
development.
Findinq
Policy OSC-15, which establishes a goal of preserving
50% of all large undeveloped parcels in permanent open
space, is substantially similar to the first mitigation
measure above. Even with this partial mitigation, the
conversion of open space to urban uses will constitute
an unavoidable adverse impact. The two mitigation
measures have been rejected because the Town's policies
support limited development and a complete prohibition
on additional development is not legally feasible
without funds for purchase of development rights.
Also, the Town cannot ensure that all potential open
space areas would be appropriate as permanent open
space or could be legally secured as permanent open
space and, therefore, the policy of a goal of 50% open
space has been chosen in place of the recommended
mitigation.
2. Impact: Land use compatibility impacts as a result of
placing incompatible land uses adjacent to each other.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should include a general plan policy to
ensure that developers construct masonry wall
buffers, landscaped buffers, or similar buffers
between incompatible land uses, where necessary,
in order to mitigate conflicts.
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Findinq
This mitigation measure calls for a greater level of
detail than appropriate at the general plan stage.
Measures such as these should be considered for
inclusion in the zoning ordinance or design guidelines.
Because land use incompatibilities are typically
mitigated at the project approval stage, this impact is
considered to be less than significant at the general
plan adoption stage.
3. Impact: Inconsistency with BCDC Proposed Park Priority
Uses.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should redesignate the northeastern
portion of the general plan area east of Paradise
Drive to permanent open space consistent with the
BCDC Bay Plan.
Findinq
The EIR states that implementation of this measure
would be required to reduce this impact to a level of
insignificance. Redesignation of the area to permanent
open space would be infeasible because it could leave
the property with no reasonable use, and the Town has
no funds available for purchase. Therefore, the impact
is considered to be an unavoidable adverse impact.
4. Impact: Inconsistency with BCDC's Dyked Historic
Bayland Designations South of Tiburon Boulevard.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should redesignate the dyked historic
baylands site located south of Tiburon Boulevard
to permanent open space.
Finding
The EIR states that implementation of this measure
would be required to reduce this impact to a level of
insignificance. Redesignation of the area to permanent
open space is infeasible because it could leave the
property with no reasonable use, and the Town has no
funds available for purchase. Therefore, the impact is
considered to be an unavoidable adverse impact.
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HOUSING
5. Imoact: The general plan provides insufficient
affordable housing to meet ABAG needs determination.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should amend the proposed general plan
housing element to include a policy stating that
the Town of Tiburon will meet its housing needs
allocation for each income group, as projected by
ABAG in future allocations. If the Town believes
that it cannot fully meet the projected housing
needs, the housing element should state what
portion of the need it will meet within each
income category over the general plan time frame.
o The Town should designate additional sites in the
general plan area for the development of
affordable housing, preferably multifamily
housing. In-lieu housing funds could be used to
directly subsidize the purchase of land or the
construction of affordable units on these sites.
Adequate acreage should be designated to
accommodate the housing units committed to under
the above-stated mitigation measure, minus
affordable housing units projected to be built as
part of private, non-subsidized projects.
Findinq
The housing element contains a number of programs
directed at the development, conservation and
rehabilitation of housing. The Town expects to meet
the total ABAG needs allocation of 385 homes by 1995.
However, due to limited vacant land and the Town's
desire to maintain its semi-rural character, the Town
probably will not meet the needs allocation by income
category. Notwithstanding this likelihood, the Town is
committed to study other options for providing
affordable housing. For example, Program H-x calls for
a study of sites in the Tiburon planning area to
identify sites suitable for the provision of affordable
housing. The housing element does state the portion of
ABAG needs which will be met by 1995. This impact
constitutes an unavoidable adverse impact.
TRAFFIC
6. Imoact. Drop in level of service from B to E/F at
Tiburon Boulevard/Trestle Glen intersection.
Intersection LOS would deteriorate from B to F during
the a.m. peak hour and from B to E during the p.m. peak
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hour at buildout, resulting in a significant adverse
impact.
Mitiqation Measure
The following mitigation measure has been rejected:
o Caltrans and the Town should work cooperatively to
continue the four-lane section of Tiburon
Boulevard, which presently ends just east of Reed
Ranch Road, through this intersection to the
Avenida Miraflores intersection.
Findinq
This mitigation measure is within the jurisdiction of
Caltrans, not the Town and, if warranted, should be
implemented by Caltrans. However, the Town has
rejected the measure because of the unacceptable
environmental consequences that would result from
widening Tiburon Boulevard. In addition, improvements
to the Tiburon Boulevard/Trestle Glen intersection are
called for in the general plan. The circulation
improvements called for in the plan will ensure that
adequate levels of traffic service will be met until
1995. For these reasons, this impact is considered to
be insignificant.
7. Impact. Worsened level of service for controlled
movements at Tiburon Boulevard/Stewart Drive
intersection.
Mitiqation Measure
The following mitigation measure has been rejected:
o Caltrans and the Town should work cooperatively to
widen Tiburon Boulevard to four lanes through this
intersection. This measure would, because of
terrain, necessitate a split roadway section,
eliminating all but one controlled movement, and
that movement, the right turn from stewart Drive
onto Tiburon Boulevard, would continue to operate
at LOS D during the morning peak hour but would
improve from LOS C to B during the afternoon peak
hour. The eastbound lanes, would lie at a lower
elevation than the westbound lanes, eliminating
left turn into or out of Stewart Drive. The
intersection would become a right-turn-only
intersection. Traffic would have make left turns
from Trestle Glen Boulevard and enter Stewart
Drive via Hacienda Drive.
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Finding
This mitigation measure is within the jurisdiction of
Caltrans, not the Town and, if warranted, should be
implemented by Caltrans. However, the Town has
rejected the measure because of the unacceptable
environmental consequences that would result from
widening Tiburon Boulevard. In addition, improvements
to the Tiburon Boulevard/Trestle Glen intersection are
called for in the general plan. The circulation
improvements called for in the plan will ensure that
adequate levels of traffic service will be met until
1995. For these reasons, this impact is considered to
be insignificant.
8. Imnact. Drop in level of service from B to D for
northbound approach at Tiburon Boulevard/San Rafael
Avenue intersection.
Mitiqation Measure
The following mitigation measure is within the
jurisdiction of other agencies:
o The City of Belvedere, in cooperation with
Caltrans, should widen the northbound San Rafael
Avenue approach to Tiburon Boulevard to two lanes,
providing a right-turn lane and a left-turn lane.
Finding
This mitigation measure is within the jurisdiction of
Belvedere and Caltrans, not the Town, and can and
should be adopted by those agencies. The timing of
this improvement is therefore outside of the Town's
control. Thus, this impact is considered an
unavoidable significant impact.
9. Imnact. Capacity will be exceeded on the East
Blithedale Avenue/Tiburon Boulevard Overcrossing at
project buildout.
Mitiqation Measure
The following mitigation measure has been rejected:
o Caltrans should widen the overcrossing from four
lanes to six lanes, continuing the six-lane
configuration easterly through the Frontage Road
intersection.
Finding
The Town has determined that this facility will not be
needed during the lifetime of the revised general plan
(2005). Therefore, this impact is considered to be
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insignificant at the general plan adoption stage. In
any event, this mitigation measure is within the
jurisdiction of Caltrans, not the Town, and, if
warranted, should be adopted by Caltrans.
VISUAL
10. Impact. Potential degradation of the view of Old
Saint Hilary's Church from Tiburon Boulevard and other
nearby locations.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should redesignate the potential open
space areas to permanent open space and include
general plan policies and implementation measures
requiring that the designated potential open space
area surrounding Old Saint Hilary's Church be
retained in permanent open space.
Findinq
This measure is infeasible because it could leave lands
in private ownership without reasonable use. However,
Policy OSC-15, which establishes a goal of preserving
50% of all large undeveloped parcels in permanent open
space, partially mitigates the conversion of open space
to development uses and will be implemented to preserve
the views of st. Hilary's Church to the maximum extent
feasible. In addition, Program OSC-8 calls for the
preparation and adoption of an open space program which
identifies areas meriting protection. Program OSC-h
calls for the identification of funding mechanisms to
implement the open space program. Even with this
partial mitigation, the conversion of open space to
urban uses will constitute an unavoidable adverse
impact.
PUBLIC SERVICES
11. Impact (Fire). Increased fire flow demands on the
general plan area water system would exacerbate
existing water pressure problems.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Tiburon Fire Protection District (TFPD) should
require installation of water lines capable of
providing a minimum fire flow of 1,000 gpm to all
new residential and commercial development as
required in the Uniform Fire Code.
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o The TFPD should require continued use of automatic
sprinkler systems in all residential and
commercial structures. Sprinkler systems that
operate automatically not only prevent fires from
growing undetected but also simultaneously sound
alarms.
Findina
These measures have been rejected for the following
reasons: (1) similar measures are required by the TFPD
and (2) the measures provide for a level of detail
unnecessary for inclusion in the general plan. General
plan policy SE-17 calls for the requirements of the
TFPD to be met. For these reasons, this impact is
reduced to a level of insignificance at the general
plan adoption stage.
12. Imnact (Emeraencv Access). Increased emergency
access time could reduce effectiveness of emergency
response.
Mitiaation Measure
The following mitigation measure has been rejected:
o In the proposed general plan safety element, the
Town should identify an alternative emergency
access network to Tiburon Boulevard and required
funding mechanisms. Such a network could provide
relief to the eastern end of the peninsula,
including the entire downtown area.
Findina
The primary proposal for an emergency access network
was the Ridge Road concept which was rejected due to
its environmental impacts and substantial opposition.
However, the general plan contains two provisions which
address this potential impact. Policy SE-15 requires
that a system of emergency routes be established.
Program SE-d makes the Tiburon Emergency Plan part of
the general plan. These revisions to the general plan
reduce this impact to a level of insignificance.
13. Imnact (Police Services): Demand for additional police
officers.
Mitiaation Measure
The following mitigation measure has been rejected:
o The Town should incrementally increase funding for
the Tiburon Police Department (TPD) to provide
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additional staff and equipment during the buildout
time period, as demand warrants.
Finding
The Town's budget process is on a fiscal year basis
(July 1 to June 30). Police services and other
community needs are addressed annually in this process.
Two programs contained in the land use element do
address sources of funding. Programs LU-d and LU-m
call for the development of appropriate fee ordinances
to ensure that funds are available to provide needed
services. The Town determines that these programs are
equivalent to the recommended mitigation measures and
that they reduce this impact to a level of
insignificance.
14. Impact (Sewaqe Treatment). Increased demand of
surface water would exceed peak period treatment
capacity under the proposed general plan.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o The Marin Municipal Water District (MMWD) should
upgrade and phase facilities at the Bon Tempe and
San Geronimo treatment plants as demand warrants
to ensure that sufficient water supply can be
conveyed to the general plan area.
o The Town should include a general plan policy
directing future development to be phased
commensurate with plans to upgrade water treatment
facilities. Adequate treatment facilities should
be provided before development occurs.
Finding
The first mitigation measure is within the jurisdiction
of the Marin Municipal Water District, not the Town,
and can and should be adopted by MMWD. Policy LU-18 in
the land use element requires that sewer water and
other essential infrastructure must be available to
serve new development at the time new development is
constructed. This policy is the equivalent of the
second mitigation measure above and reduces this impact
to a level of insignificance.
15. Impact (Water). Increased cumulative demand for
surface water would exceed existing supplies.
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Mitiqation Measures
o None available. The MMWD has determined that
additional water sources for the District's long-
term regional water needs are required. The MMWD
has reviewed several alternatives for additional
supply, but none is favored at this time. The
MMWD Board of Directors has approved a request for
proposals from consulting firms for development of
new water sources.
There are currently no mitigation measures, other than
developing additional water sources, that would reduce
this impact to a less-than-significant level.
Therefore, this impact is considered unavoidable.
To partially reduce this water supply impact, the
communities within the MMWD service area should
implement region-wide measures designed to conserve and
more efficiently use limited water resources. The
following measures are some of the actions that could
be implemented:
o The MMWD could develop short-term water transfer
or exchange agreements with other water districts
in the region to supplement supplies during
drought conditions. This action would require
cooperative negotiations with region-wide water
distributors.
o The MMWD could implement an ongoing water
rationing program to provide economic incentives
for water conservation during drought and non-
drought years.
o The MMWD in cooperation with district communities,
could negotiate and institute a water allocation
program in which water is annually allocated to
each community based on water availability, growth
potential, or desired growth rate in a community
and other political, economic, and social factors.
Finding
These mitigation measures are within the jurisdiction
of the Marin Municipal Water District, not the Town,
and can and should be adopted by the MMWD. However,
Policy LU-18 in the land use element requires that
sewer, water and other essential infrastructure must be
available to serve new development at the time new
development is constructed. Nonetheless, this impact
is considered to be an unavoidable adverse impact.
16. Impact (Water). Increased demand for surface water
would exceed peak period treatment capacity.
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Mitiaation Measures
The following mitigation measure is within the
jurisdiction of another agency:
o The MMWD should upgrade the Bon Tempe and San
Geronimo treatment plants as needed to ensure that
sufficient treated water can be conveyed to the
MMWD service area.
Findina
This mitigation measure is within the jurisdiction of
the Marin Municipal Water District, not the Town, and
can and should be adopted by MMWD. Policy LU-18 in the
land use element requires that all essential
infrastructure must be available to serve new
development at the time new development is constructed.
This policy reduces this impact to a level of
insignificance.
17.
Impact (Water).
water facilities.
Need to expand general plan area
Mitiaation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o The MMWD should identify the pump stations,
storage facilities, and distribution system that
would be needed to adequately serve proposed
development. Project applicants should be
required to conform to these requirements and
provide financing for construction of all
facilities needed to serve specific developments.
o The MMWD should develop and implement a water
system master plan for the general plan area which
takes into account planned development.
o The Town should include a general plan policy
requiring an adequate water distribution system
before development occurs.
Findina
The first two mitigation measures are within the
jurisdiction of the Marin Municipal Water District, not
the Town, and can and should be adopted by MMWD.
Policy LU-18 requires that sewer, water and other
essential services be available to serve new
development at the time new development is constructed.
This policy is equivalent to the third mitigation
measure above and reduces this impact to a level of
insignificance.
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18. Impact (Wastewater). Increased generation of
wastewater may exceed remaining treatment plant
capacity in Sanitation District No.5.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o SD No. 5 should provide adequate wastewater
treatment plant capacity at its Playa Verde
package treatment plant or should construct
additional package plants, as needed, to serve
development from buildout of the proposed general
plan in areas on the northeast side of the Tiburon
Peninsula. Many of these areas would require
annexation into SD No.5. Upgrade of the Playa
Verde plant and construction of collection lines
to serve existing and proposed residential
development would require new residential
development densities to be consistent with
densities approved in the SD No. 5 Paradise Cove
Plan (John Corolla Engineers 1984). The Town and
SD No. 5 should coordinate long-term planning
efforts to ensure that residential densities in
this area are adequate to finance provision of the
mandated public sewerage system.
o The proposed general plan should provide policies
requiring that adequate sewage treatment plant
capacity be provided as development occurs or at a
preselected rate.
Findinq
The first mitigation measure is within the jurisdiction
of Sanitation District No.5, not the Town, and can and
should be adopted by SD No.5. However, Policy LU-18
requires that sewer, water and other essential services
be available to serve new development at the time new
development is constructed. This policy is equivalent
to the second mitigation measure above and reduces this
impact to a level of insignificance.
19. Impact (Wastewater). Increased generation of
wastewater in the Richardson Bay Sanitation District
(RBSD) would exceed remaining treatment plant capacity.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o The RBSD should expand MVTP capacity as needed to
handle the increased wastewater flows expected in
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the district. To accomplish the plant expansion,
RBSD in conjunction with SASM should prepare and
implement a facility master plan that would
determine precise sizing and timing of the plant
to coincide with buildout.
o The proposed general plan should provide policies
requiring that adequate sewage treatment plant
capacity be provided as development occurs or at a
preselected rate.
Findina
The first mitigation measure is within the jurisdiction
of the RBSD, not the Town, and can and should be
adopted by RBSD. Policy LU-18 requires that sewer,
water and other essential services be available to
serve new development at the time new development is
constructed. This policy is equivalent to the second
mitigation measure above and reduces this impact to a
level of insignificance.
20. Impact (Wastewater). Increased cumulative demand
would exceed remaining treatment capacity in Sanitation
District No. 2 (Central Marin Sanitary Association,
CMSA).
Mitiaation Measure
The following mitigation measure is within the
jurisdiction of another agency:
o (CMSA) should expand its wastewater treatment
capacity as needed to handle cumulative wastewater
flows. The expansion of treatment facilities
should be implemented with the aid of a wastewater
facility master plan prepared by a qualified
engineer.
Findina
This mitigation measure is within the jurisdiction of
the Sanitation District No.2 (CMSA), not the Town, and
can and should be adopted by Sanitation District No.2.
Policy LU-18 requires that sewer, water and other
essential services be available to serve new
development at the time new development is constructed.
This policy is equivalent to the required mitigation
measure above and reduces this impact to a level of
insignificance.
21. Impact (Wastewater). Increased cumulative demand
would exceed remaining treatment plant capacity in the
Richardson Bay Sanitation District (RBSD).
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Mitiqation Measure
The following mitigation measure is within the
jurisdiction of another agency:
o The SASM should expand the MVTP as demand warrants
based on its estimates for future development
potential. Expansion of this facility should be
implemented according to the guidelines in a
formal master plan prepared by a qualified
engineer.
Findinq
This mitigation measure is within the jurisdiction of
the RBSD, not the Town, and can and should be adopted
by RBSD. However, Policy LU-18 requires that sewer,
water and other essential services be available to
serve new development at the time new development is
constructed. This policy is equivalent to the
mitigation measure and reduces this impact to a level
of insignificance.
22. Impact (Solid Waste). Required state and federal
permits would be needed for the 420-acre Redwood
Sanitary Landfill (RSU) site before increased
cumulative demand for landfill capacity could be
accommodated.
Mitiqation Measure
The following mitigation measure is within the
jurisdiction of another agency:
o The County should implement policies contained in
the Solid Waste Management Plan (SWMP) to ensure
continued use of the RSL site through 2005.
Findinq
This mitigation measure is within the jurisdiction of
the County of Marin, not the Town, and can and should
be adopted by the County. However, Policy LU-18
requires that sewer, water and other essential services
be available to serve new development at the time new
development is constructed. This policy is equivalent
to the mitigation measure and reduces this impact to a
level of insignificance.
STREET CLASSIFICATIONS
23. Impact. Proposed general plan street classifications
are inconsistent with projected daily traffic and
adjacent land uses.
TC Resolution No. 2633
9/28/89
Exhibit A Page
15
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should amend the proposed general plan
circulation element to specify the street
classifications recommended in Table 16-13.
Findinq
The proposed street classification system recommended
in Table 16-13 has been rejected since it called for
classifications which were not consistent with adopted
land use designations. A revised street classification
has been included in the general plan which is
correlated with projected daily traffic so that
acceptable level of service standards will be
maintained. Therefore, this impact is reduced to a
level of insignificance.
TRANSIT
24. Impact. The proposed general plan could add transit
trip demand above the transit service capacity
resulting in increased traffic congestion.
Mitiqation Measure
The following mitigation measures have been rejected:
o The Town should investigate the potential for
supplemental transit service to feed both the Red
& White Fleet ferries and Golden Gate (GG)
trunkline service along u.s. 101 and provide such
service if warranted.
o The proposed general plan circulation element
recommends that a Tiburon Trolley feasibility
study be undertaken. Such a trolley would operate
between Blackie's Pasture and downtown Tiburon on
weekends and during some peak hour periods on
weekdays.
Findinq
Actual increases in transit service are within the
jurisdiction of the transit service agencies, not the
Town. The second measure is being implemented in part;
Program C-h calls for a feasibility study of the
Tiburon Trolley. However, the Town has not determined
where the trolley should operate at this time.
Importantly, however, traffic levels of service called
for in the general plan are not expected to be exceeded
even with transit service level cutbacks. This impact
is therefore considered to be insignificant.
TC Resolution No. 2633
9/28/89
Exhibit A Page
16
BIKEWAYS AND TRAILS
25. Imoact. Existing bikeways are not adequate to meet
future demand.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should require as policy that new streets
classified as collectors and minor arterials be
designed to accommodate bike lanes (Class II
bikeway). The Town should evaluate existing
collectors and minor arterials and provide
designated bike lanes if they can be accommodated.
o The Town, in cooperation with Caltrans, should
extend the Class I bikeway along the Tiburon
Boulevard corridor from Trestle Glen Boulevard to
u.s. 101 within the right-of-way of Tiburon
Boulevard.
o The Town should evaluate and implement, where
possible, a Class II bikeway along Paradise Drive
and along Trestle Glen boulevard.
Findinq
These measures have been rejected because they call for
specific bike lane improvements which are inappropriate
for some areas due to safety and other considerations.
The general plan does, however, contain a number of
provisions which call for improving bikeways. These
provisions include Policy C-34 and Program C-j. These
policies reduce this impact to a level of
insignificance.
PARKING
26. Imoact. Increased parking demand in downtown Tiburon,
an area already experiencing demands in excess of
supply.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should implement "sharedll parking
facilities, where uses of dissimilar peak demand
period share common parking facilities, thus
reducing the amount of parking needed.
o The Town should initiate a study to evaluate
alternative strategies for dealing with the influx
of tourists on the weekends and in the summertime.
TC Resolution No. 2633
9/28/89
Exhibit A Page
17
o The proposed general plan circulation element
recommends that a Tiburon Trolley feasibility
study be undertaken. Such a trolley would operate
between Blackie's Pasture and downtown Tiburon on
weekends and during some peak hour periods on
weekdays.
Findina
These measures have been rejected in favor of a number
of other provisions in the general plan which encompass
the intent of these measures, while allowing
flexibility to determine specific objectives and
techniques to solve parking problems. The general plan
contains a number of provisions which call for actions
which will improve parking in downtown Tiburon. These
include Policies C-24, C-25, C-27 and Program C-e.
Program C-e calls for the preparation and adoption of a
parking plan and ordinance for downtown Tiburon. This
plan may include provisions to address the problems
created by the weekend influx of tourists, as well as
specific solutions, such as shared parking. In
addition, Program C-h calls for a feasibility study of
the Tiburon Trolley without making any assumptions
about the specific trolley operation. However, because
the timing of implementing these policies is uncertain,
this impact is considered an adverse unavoidable
impact.
AIR QUALITY
27. Imoact. Generation of air pollutants by construction
equipment powered with internal combustion engines.
Mitiaation Measures
The following mitigation measures have been rejected:
o The Town should require all developers to use
properly maintained construction equipment.
Proper maintenance minimizes emissions from
internal combustion engines.
o The Town should require all developers to use
standard construction practices to reduce the
amount of dust particles emitted due to
construction activities. These practices include
minimizing the amount of time surfaces are left
exposed, periodic sprinkling of exposed areas and
soil piles with water, and covering soil piles
with plastic sheets or tarpaulins to limit
disturbance. Vehicles traveling on exposed
surfaces should not be driven at excessive speed.
Preparation of roadway surfaces in a step-wise
fashion, where segments of the route are graded in
succession, would greatly minimize the amount of
TC Resolution No. 2633
9/28/89
Exhibit A Page
18
time the surfaces are left exposed, thereby
reducing vehicle-related dust emissions.
Finding
These mitigation measures are at a greater level of
detail than appropriate at the general plan level.
Measures such as these should be considered for
inclusion in the zoning ordinance or as conditions of
project approval. Since there are no provisions
concerning air quality in the general plan, this impact
is considered to be an unavoidable adverse impact.
NOISE
28. Imnact. Exposure of surrounding land uses to
construction-related noise.
Mitiqation Measures
The following mitigation measure has been rejected:
o The Town should require developers using
construction equipment powered by internal
combustion engines or impact equipment, and
conducting construction activities that would
disturb surrounding residential areas to limit
such activities to the period between 7:00 a.m.
and 7:00 p.m. This restz'iction would limit
disturbance of residential areas to less sensitive
periods.
Finding
The Town routinely requires as a condition of
subdivision approval that construction activities be
limited to 8:00 a.m. to 5:00 p.m. on weekdays.
However, equipment can be warmed up at 7:30 a.m.
Conditions on building permits allow for construction
activity between 7:00 a.m. and 6:00 p.m. on weekdays,
and 9:00 a.m. to 3:00 p.m. on weekends. Therefore it
is unnecessary to include this as a policy in the
general plan. Town practices reduce this impact to a
level of insignificance.
29. Imnact. Potential exposure of proposed land uses
along Tiburon Boulevard to conditionally acceptable
noise levels.
Mitiqation Measure
The following mitigation measure has been rejected:
o The proposed general plan noise policies
recommending acoustical analyses should require
noise mitigation to reduce future noise to
TC Resolution No. 2633
9/28/89
Exhibit A Page
19
normally acceptable levels for the applicable use
through such measures as site planning,
architectural layout, noise barriers, and
construction modification.
Findinq
The level of specificity in the recommended mitigation
measure is inappropriate for the general plan stage.
The Tiburon noise element contains Policy N-7 which
recommends an acoustical analysis for all proposed
projects which have the potential to generate noise and
to mitigate the noise. Policy N-7 reduces this impact
to a level of insignificance at the general plan
adoption stage.
FLOOD
30. Impact. Potential exposure of proposed uses to flood
hazards.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should require owners of property located
in flood hazard zones to insure occupants,
structures, and properties in flood hazard zones
against damages or loss of life.
Findinq
This measure has been rejected because the Town
considers it inappropriate for the Town to require
property owners to insure occupants and property. A
number of policies in the general plan address this
impact. Policies SE-11, SE-12 and SE-13 require new
development to be located outside Flood Zones. The
flood policies in the general plan, however, do not
reduce the flood impact to existing structures to a
level of insignificance. This impact is considered to
be an unavoidable adverse impact.
SOIL
31. Impact. Increased erosion during construction.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should include a policy in the proposed
general plan requiring developers to closely
control soil moisture content and compaction
during grading and building pad preparation in all
TC Resolution No. 2633
9/28/89
Exhibit A Page
20
development areas with high shrink-swell
potential.
o The Town should redefine potential open space
areas in the proposed general plan treating highly
unstable slopes, and perhaps some potentially
stable slopes or areas underlain by bay mud as
areas with high open space potential, independent
of ratings based on other attributes.
Findinq
These measures have been rejected by the Town because
other provisions contained in the general plan
adequately address the impacts. In addition, the
second measure was rejected because it could leave
private lands without reasonable use. Both the safety
element and the appendix thereto contain specific
policies and conditions on construction practices
directed at the use of construction practices which
will reduce erosion and impacts due to unstable slopes,
bay mud and shrink-swell conditions. These policies
include SE-21, SE-22 and SE-23, which require
developers to use specially engineered design in areas
of high shrink-swell potential and areas of unstable
slopes or substrate. The appendix to the safety
element contains additional provisions requiring new
development to reduce erosion, including requirements
calling for confining development activity to the non-
rainy season, re-vegetation of exposed soils and
erosion control measures on all construction sites.
Policy SE-6, which states that the Town shall avoid
approving development on slopes exceeding 40% whenever
possible, will also help to ensure that development is
avoided on steep slopes. These policies in combination
with the safety element appendix requirements reduce
this impact to a level of insignificance.
SEISMIC INTENSITY
32. Impact. Additional persons and property exposed to
earthquake hazards.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should include a policy in the proposed
general plan requiring developers to use seismic
design criteria for all new structures. Use of a
dynamic horizontal design load of 0.35 g (35
percent of the force of gravity) would provide
protection against ground shaking at intensities
of VIII and lower. This level of protection is
required by the Uniform Building Code for coastal
areas of California.
TC Resolution No. 2633
9/28/89
Exhibit A Page
21
o The Town should include a policy in the proposed
general plan requiring developers to use seawalls
or other devices to reduce wave run-up.
Findinq
These mitigation measures are considered to be at a
level of detail inappropriate for a general plan. The
Town already requires projects to comply with the UBC.
In addition, Policy SE-12 requires structures
constructed adjacent to areas subject to the 100-year
tidal flood to be protected from destructive wave
action. These measures reduce this impact to a level
of insignificance at the general plan adoption stage.
BIOLOGICAL IMPACTS
33. Impact: Loss of wildlife habitat in broadleaf
evergreen forest and scrub stands, harbor seal haul-out
sites, and heron nesting and roosting areas.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should centralize the development
proposed along Paradise Drive to avoid habitat
fragmentation of the broadleaf evergreen forest
and scrub stands. Large contiguous blocks of
these habitats, rather than small scattered stands
should be preserved as open space because of their
greater wildlife habitat values.
o The Town should protect heron rookery and roost
sites on De Silva Island and along Keil Cove by
designating these sites as RCZ's.
Finding
These measures are considered to be at a level of
detail inappropriate for the general plan.
Specifically, the first measure specifies how
development should be configured to protect open space
along Paradise Drive. The general plan provides for
open space protection (OSC-15), but leaves unresolved,
until specific development proposals are made, whether
open space protection should be achieved through
centralized development or large lot subdivisions.
Goals and policies in the general plan address
potential biological impacts. These include Goals
OSC-B and OSC-C as well as policies OSC-8, OSC-11 and
OSC-15 which overall call for the maximum protection
feasible of habitat areas. These policies partially
reduce this impact. The second measure could be
considered for incorporation into the zoning ordinance
TC Resolution No. 2633
9/28/89
Exhibit A Page
22
in the form of a protective overlay zone, like a
resource conservation zone, to the extent that it would
not eliminate a reasonable use of private property.
However, this impact is still considered to be an
unavoidable adverse impact.
34. Impact: Loss or reduction of special-status plant
populations.
Mitiqation Measure
The following mitigation measure has been rejected:
o Prior to approving development plans in the
general plan area, the Town should require field
surveys by qualified biologists of all sites
proposed for development where breeding special-
status wildlife species could occur; where
populations of special-status wildlife species are
found, the Town should require that an assessment
of potential impacts of the proposed development
be made and that mitigation measures be developed
in consultation with DFG, u.s. Fish and wildlife
Service (USFWS), and other agencies, as
appropriate. Sensitive habitats required by
special-status wildlife species should be
preserved and designated in an RCZ or equivalent
or protected as a condition to site-specific
approvals. Surveyed sites should include
broadleaf evergreen forest, stands of nonnative
eucalyptus and conifers, scrub, and grasslands.
Findinq
This measure is considered to be at a level of detail
inappropriate for a general plan. Goals and policies
in the general plan address potential biological
impacts. These include Goals OSC-B and OSC-C as well
as policies osc-a, OSC-11 and OSC-15 which overall call
for the maximum protection feasible of plant habitat
areas and significant vegetation. These policies
partially reduce this impact. In addition, Appendix A
to the open space and conservation element requires the
disclosure of the existence of sensitive biological
resources and a survey to be undertaken as necessary.
The California Environmental Quality Act also requires
disclosure of the existence of sensitive biological
resources. However, this impact is still considered to
be an unavoidable adverse impact at the general plan
adoption stage.
35. Impact. Increased number of invasive non-native
plants in natural communities and habitats.
TC Resolution No. 2633
9/28/89
Exhibit A Page
23
Mitiaation Measures
The following mitigation measures have been rejected:
o The Town should include a policy within the
proposed general plan open space and conservation
element promoting the use of non-invasive erosion
control plantings.
o The Town should include a policy within the
proposed general plan open space and conservation
element discouraging the use of certain invasive
nonnative shrubs by landscapers, nurseries, and
residents in landscaped areas. Species that are
undesirable because of their ability to spread
into the natural habitats of native plants include
French broom, Scotch broom, Spanish broom, and
pampas grass.
Findina
These measures are considered to be at a level of
detail inappropriate for a general plan. Goals and
policies in the general plan address potential
biological impacts. These include Goals OSC-B and
OSC-C as well as policies OSC-8, OSC-11 and OSC-15
which overall call for the maximum protection feasible
of existing habitat areas and native plant communities.
These policies partially reduce this impact. It would
also be appropriate to consider these measures as part
of the Town's zoning and/or subdivision ordinance, or
as standard conditions of project approval. However,
this impact is still considered to be an unavoidable
adverse impact at the general plan adoption stage.
36. Impact. Reduction of serpentine grassland and coastal
terrace prairie grassland communities.
Mitiaation Measure
The following mitigation measure has been rejected:
o The Town should retain undeveloped areas of
serpentine grassland and coastal terrace prairie
grassland in their natural state as part of a
Resource Conservation Zone (RCZ) or equivalent.
The RCZ designation should recognize the values
and special management needs of important natural
habitats.
Finding
The Town rejected the RCZ designation concept because
such a designation, overlaid on all serpentine
grassland and coastal terrace prairie grassland, might
eliminate a reasonable use of some private properties.
TC Resolution No. 2633
9/28/89
Exhibit A Page
24
The concept of such a zone as an overlay district could
be considered as part of the zoning ordinance as long
as the overlay zone did not result in eliminating all
reasonable use of a private property.
Goals and policies in the general plan address
potential biological impacts. These include Goals
OSC-B and OSC-C as well as policies OSC-8, OSC-11 and
OSC-15. In particular, Policy OSC-15 establishes a
goal of protecting 50% of large undeveloped parcels in
open space. These policies partially reduce this
impact. In addition, Appendix A to the open space and
conservation element requires that all sensitive
biological resources on a project site be disclosed and
a survey be undertaken if necesary. However, this
impact is still considered to be an unavoidable adverse
impact at the general plan adoption stage.
CHANGES IN GENERAL PLAN AREA SCENIC CHARACTER
37. Impact. Conversion of current vacant areas to an
urbanized landscape.
Mitiaation Measure
The following mitigation measure has been rejected:
o None available other than prohibiting additional
development.
Finding
The Town has determined that a limited amount of growth
is acceptable. A prohibition on all further
development is not feasible as it could leave property
owners without any reasonable use and the Town lacks
funds to purchase all vacant lands. However, Policy
OSC-15, which establishes a goal of preserving 50% of
large undeveloped parcels in open space, partially
mitigates this impact. This impact is considered to be
an unavoidable adverse impact.
LIGHT AND GLARE
38. Impact. Increased light and glare as a result of
development.
Mitiaation Measure
The following mitigation measure has been rejected:
o The Town should include a general plan policy to
condition project approval on the finding that
light and glare impacts are reduced by the
incorporation of downward-directed lights, back-
lit signs, and low-reflective building materials.
TC Resolution No. 2633
9/28/89
Exhibit A Page
25
The proposed downtown subelement provides such a
policy for downtown Tiburon only. The Town should
apply this policy general plan area-wide.
Findinq
Application of this measure on a Town-wide basis is
considered to be at a level of detail inappropriate to
the general plan. This measure should be considered
for incorporation into design guidelines or as a
condition of project approval. Therefore, the impact
is still considered to be an unavoidable adverse impact
at the general plan adoption stage.
CONSTRUCTION-RELATED IMPACTS
39. Impact. Possible damage, destruction, or removal of
recorded cultural resources.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should require consultation with the
Northwest Information Center to identify known
cultural resources and potential cultural
resources that could be found on land proposed for
development. If a records search has not been
previously performed on a site proposed for
development, a search should be required. The
Town should also require a new records search,
even though a prior search was negative, whenever
the date of the prior search is more than 3 years
old.
o The Town should require an archaeological field
survey prior to project approval if a development
area is identified as IIsensitive" in the records
search. The survey would help to identify site-
specific archaeological resources that would not
otherwise be discovered. The field survey should
be performed by a qualified professional
archaeologist. Qualifications should include
familiarity with the archeology of the development
area, experience with similar field work
methodologies and impact evaluations, a record of
cooperation with the Northwest Information Center,
and an acceptable report review record with the
State Office of Historical Preservation (SHPO).
If members of the field survey discover cultural
resources, the survey archeologist should analyze
the significance of the resources and recommend
necessary preservation and mitigation measures in
consultation with the SHPO, local Native American
organizations (for prehistoric resources), the
Native American Heritage Commission (for
TC Resolution No. 2633
9/28/89
Exhibit A Page
26
prehistoric resources), and the Town historian
(for historic resources).
o The Town should implement specific preservation
measures recommended by the survey archeologist.
The Town should require, as a condition to project
approvals, that specific preservation and
mitigation measures recommended by the survey
archeologist (in consultation with the SHPO,
Native American organizations, and Town historian)
be implemented.
o The Town should inform all contractors in writing
that cultural resources potentially could be
unearthed during construction and that, in such a
case, all construction activities should cease and
a qualified archeologist be consulted. The
following statement should be a condition of
development approval for all areas where a field
survey is not performed.
o The Town should adopt cultural resource policies
as part of the proposed general plan. The
California Office of Planning and Research
suggests that the general plan policies are an
appropriate tool for protecting historical and
archeological cultural resources (California
Office Planning and Research 1976). Cultural
resource policies may be addressed either within a
separate general plan element or in policies
within other subject matter elements. Forty-three
jurisdictions, including Grass Valley, Sonora, and
Winters, have historic preservation elements;
10 jurisdictions, including Yolo County, have
cultural resources management elements. Because
cultural resource impacts involve surface
disturbance, cultural resource policies can also
be included within the land use or conservation
and open space elements.
Findinq
These mitigation measures are considered to be at a
level of detail inappropriate for inclusion in the
general plan. However, Policy OSC-10 requires the Town
to take the appropriate steps to protect archeological
and paleontological resources, which partially
satisfies the last measure. In addition, Appendix A to
the open space and conservation element requires that
all sensitive cultural resources on a project site be
disclosed and a survey be undertaken if necesary.
These measures should be considered for incorporation
into project conditions of approval where appropriate.
This impact is still considered to be an unavoidable
adverse impact at the general plan adoption stage.
TC Resolution No. 2633
9/28/89
Exhibit A Page
27
PUBLIC FACILITIES
40. Impact. Increased demand for Marin County sheriff's
jail facilities and Bay patrols.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency:
o Marin County should hire two additional officers,
as needed, over the buildout period.
o Marin County should construct additional jail
facilities in San Rafael, as proposed by the
County, near the civic center.
o Marin County should purchase an additional patrol
boat and hire two patrol officers, as proposed by
the County, to reduce service demands on the
existing bay patrol units.
Findinq
These mitigation measures are within the jurisdiction
of Marin County, not the Town, and can and should be
adopted by Marin County. Since the timing of
implementation of these measures is uncertain, these
impacts are considered to be unavoidable adverse
impacts.
SCHOOLS
41. Impact. Growth in Reed Union school District (RUSD)
requiring six new classrooms.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o The Town should designate a new school site on the
proposed general plan land use map.
o The RUSD should provide needed classrooms, as
necessary.
o The RUSD should use in-lieu fees as authorized by
AB 2926 and implement other mitigation as
described below.
Findinq
Two of these mitigation measures are within the
jurisdiction of the RUSD, not the Town, and can and
should be adopted by the RUSD. The first measure has
TC Resolution No. 2633
9/28/89
Exhibit A Page
28
been rejected by the Town because sufficient capacity
exists at existing school sites to accommodate
anticipated demand until 2005. Since the timing of the
implementation of the latter two measures is uncertain,
this impact is considered to be an unavoidable adverse
impact.
42. Imoact. Growth in Mill Valley School District
enrollment requiring eight new classrooms.
Mitiqation Measures
o Same as mitigation measures identified above for
the RUSD.
Findinq
Two of these mitigation measures are within the
jurisdiction of the Mill Valley School District, not
the Town, and can and should be adopted by the Mill
Valley School District. The first measure has been
rejected by the Town because sufficient capacity exists
at existing school sites to accommodate anticipated
demand until 2005. Since the timing of implementation
of the latter two measures is uncertain, the impact is
considered to be an unavoidable adverse impact.
43. Imoact. Increased cumulative enrollment for the Mill
Valley School District.
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency:
o The MVSD should collect AB 2926 developer fees of
$1~50 per square foot of residential development
to help finance construction of 23 new classrooms
and five support rooms between the Tamalpais
Valley School and Strawberry Point school.
To further reduce this impact on MVSD schools, the
following could be implemented:
o The MVSD could consider increasing the capacity of
existing facilities through extended (e.g., year-
round) schedules, if necessary.
o The MVSD could use impaction fees and other
available revenues to lease or purchase additional
portable or permanent facilities, where needed.
o The MVSD could consider negotiating agreements
that would provide for school site dedication
and/or school construction by private interests,
TC Resolution No. 2633
9/28/89
Exhibit A Page
29
with reimbursement of specified costs by the MVSD,
if necessary.
o If state funds are deemed unavailable or
inadequate, the MVSD could consider creating a
Mello-Roos District or other local assessment
district, enabling the MVSD to issue bonds and use
the bond proceeds to finance various capital
improvements, with the bonded indebtedness to be
repaid by fees assessed on affected property
owners for the term of such bonds.
Finding
These mitigation measures are within the jurisdiction
of the Mill Valley School District, not the Town, and
can and should be adopted by the Mill Valley School
District. Since the timing of implementation of the
measures is uncertain, this impact is considered to be
an unavoidable adverse impact.
NATURAL GAS AND ELECTRICITY
44. Impact. Increased demand for natural gas and
electricity.
Mitiqation Measures
The following mitigation measures have been rejected:
o PG&E should expand and upgrade natural gas
facilities in the general plan area, as demand
warrants.
o PG&E should upgrade facilities in the Alto
substation and associated distribution lines to
ensure adequate electricity service. This
mitigation measure would require PG&E to conduct a
system planning study to determine whether
expansion of the Alto Substation or reinforcement
with electricity from other nearby systems is
warranted.
Finding
These mitigation measures are within the control of
PG&E, not the Town. However, Policy LU-18 requires
that all essential services be available to serve new
development at the time new development is constructed.
This policy is equivalent to the mitigation measure
above and reduces this impact to a level of
insignificance.
TC Resolution No. 2633
9/28/89
Exhibit A Page
30
III. Override Findings Justifying Adoption of Revised General
Plan Despite Unavoidable Siqnificant Impacts
The reasons for adoption of the Revised General Plan
despite the occurrence of significant impacts are:
1. The revised general plan contains provisions which
accomplish a balance between several competing
objectives, such as providing additional housing,
allowing reasonable use of private lands, providing
jobs, and protecting existing and potential open space
areas. This balance is determined by the Town to
fairly accommodate competing concerns and interests.
2. New development allowed by the general plan will
increase the Town's tax base and thereby aid in
generating funds for needed public facilities and
amenities.
3. The ABAG Needs Determination of September 1988 calls
for the production of approximately 385 additional
housing units in the Tiburon Planning Area between 1989
and 1995. The revised general plan contains policies
and programs directed at providing approximately 400
additional housing units within the Town's Planning
Area between 1989 and 1995.
TC Resolution No. 2633
9/28/89
Exhibit A Page
31
TIBURON GENERAL PLAN
MITIGATION REPORTING AND MONITORING PLAN
(Public Resources Code Section 21081.6)
SEPTEMBER 1989
TC Resolution No. 2633
9/28/89
Exhibit B Page 1
INTRODUCTION
This Mitigation Reporting and Monitoring Plan has been
prepared in compliance with section 21081.6 of the Public
Resources Code which became effective January 1, 1989. It is
part of the California Environmental Quality Act. The statute
provides that when a lead agency makes findings concerning the
disposition of the significant environmental impacts of a project
it must adopt "a reporting or monitoring program for the changes
to the project which it has adopted or made conditions of project
approval in order to mitigate or avoid significant effects on the
environment. II The term IIproject" in the statute includes the
revised general plan.
The statute also requires that the monitoring plan be
designed to ensure compliance with adopted mitigation measures
and conditions during project implementation. The mitigation
reporting and monitoring plan meets this mandate.
SECTION A
MONITORING AND REPORTING FOR ADOPTED MITIGATION MEASURES
This section deals with mitigation measures which were
recommended by the EIR as necessary to reduce or avoid
significant impacts and which have been included in the revised
general plan.
LAND USE
1. Siqnificant Impact. Inconsistency of previously approved
projects with the revised general plan.
Mitiqation Measure
o The Town should amend the proposed general plan land
use map to reflect Town and County approved development
projects.
(The EIR states that implementation of this mitigation
measure would be required to reduce this impact to a less-
than-significant level.)
Monitorinq Action
This mitigation measure has already been implemented by
amendments to the general plan maps to reflect Town and
County approved projects prior to adoption of the revised
general plan. Therefore, this mitigation measure has been
fully implemented and monitoring is not required.
2. Siqnificant Impact. Inconsistencies between County and LAFCO
annexation policies, the designated Tiburon Sphere of
Influence (SOl) and the revised general plan.
TC Resolution No. 2633
9/28/89
Exhibit B Page
2
Mitiqation Measures
o The Town should include a general plan policy requlrlng
coordination with LAFCO to study the appropriate SOl
for the Town and develop an annexation policy.
o The Town should amend the proposed general plan land
use map to reflect Town and County approved development
projects.
(The EIR states that implementation of these measures is
required to reduce impacts to less than a significant
level.)
Monitorinq Action
These mitigation measures have been already implemented by
the addition of the recommended general plan policies
regarding annexation and changes to the general plan maps.
(See LU-5 through LU-8.) Therefore, these mitigation
measures have been fully implemented and monitoring is not
required.
3. Siqnificant Impact. Potential Inconsistency with BCDC's Fill
Policies.
Mitiqation Measure
o The proposed general plan recognizes that IIDevelopment
is subject to BCDC regulation and even though
development is permitted by the Town of Tiburon or the
County of Marin, BCDC retains the right to deny
development over local government's objections.1I The
proposed general plan, however, does not include a
mandatory general policy and implementation measure
reflecting BCDC policies regarding shoreline public
access. This potential inconsistency is considered to
be a significant adverse impact.
Monitorinq Action
Policy LU-13 in the land use element of the general plan
calls for the adoption by reference of BCDC policies related
to filling of the bay and shoreline public access. The Town
shall ensure through the project review process that new
development projects within the area of BCDC's jurisdiction
comply with relevant BCDC policies.
Responsible Entities
o Planning Department for ensuring that policy LU-13 is
implemented through project review.
TC Resolution No. 2633
9/28/89
Exhibit B Page
3
Monitorinq Freauency
o Monitoring will be triggered by each project
application for a project within BCDC's jurisdiction.
4. Siqnificant Impact. Potential Inconsistency with BCDC's
Shoreline Public Access Policies.
The proposed general plan recognizes that "Development is
subject to BCDC regulation and even though development is
permitted by the Town of Tiburon or the County of Marin,
BCDC retains the right to deny development over local
government's objections." The proposed general plan,
however, does not include a mandatory general plan policy
and implementation measure reflecting BCDC policies
regarding shoreline public access. This potential
inconsistency is considered to be a significant adverse
impact.
Mitiqation Measures
o The Town should adopt policies reflecting BCDC policies
on shoreline access.
(The EIR states that implementation of this mitigation
measure would be required to reduce this impact to a less
than significant level.)
Monitorinq Action
Policy LU-13 in the land use element of the general plan
calls for the adoption by reference of BCDC policies related
to filling of the bay and shoreline public access. The Town
shall ensure through project review that new development
within the area of BCDC's jurisdiction complies with
relevant BCDC policies.
Responsible Entities
o Planning Department for ensuring that policy LU-13 is
implemented through project review.
Monitorinq Freauency
o Monitoring will be triggered by each project
application for a project within BCDC's jurisdiction.
HOUSING
5. Siqnificant Impact. The general plan provides for
insufficient affordable housing to meet the ABAG needs
determination.
TC Resolution No. 2633
9/28/89
Exhibit B Page
4
Mitiqation Measures
o The Town should amend the proposed general plan housing
element to describe in detail the standards for
requiring developer contributions to affordable
housing. Developers will be required to provide
affordable housing on-site, contribute to an in-lieu
housing fund, or provide affordable housing off-site.
o The Town of Tiburon shall develop standards for
requiring all developers of market-rate housing to
provide affordable units on the project site. If a
developer does not provide affordable units on-site,
the Town will require a contribution to the in-lieu
fund or require the developer to purchase existing
housing within the general plan area and to make it
available as affordable housing.
o The Town will use in-lieu funds and Redevelopment
Agency set-asides to enable the Ecumenical Association
for Housing, Tiburon Ecumenical Association, or the
Marin County Housing Authority to purchase existing
housing units in the Tiburon general plan area and to
convert them to affordable housing units.
(The EIR states that even with the implementation of these
mitigation measures, the general plan will not result in the
Town meeting the ABAG needs determination. Therefore, this
impact is considered to be an unavoidable adverse impact of
the plan.)
Monitorinq Action
The general plan housing element has been revised to include
specific housing policies and programs consistent with those
recommended in the mitigation measures. In addition, the
Planning Department shall prepare an annual housing report
to the Town Council which describes the status of ongoing
efforts to provide affordable housing. The report shall
include information regarding the number of units built,
conserved or rehabilitated, in each income category, and a
breakdown of developer contributions to housing units and/or
in-lieu fees. The report shall also include information
concerning expenditures of in-lieu fees, redevelopment set-
asides and conversion of existing units to affordable
housing.
Responsible Entities
o Planning Department for preparation of the report.
o Town Council appointed Housing Committee for oversight
and recommendations for implementing affordable housing
programs.
TC Resolution No. 2633
9/28/89
Exhibit B Page
5
Monitorina Freauencv
o The housing status report shall be prepared annually
and may be prepared in conjunction with the annual
review of the general plan called for in program LU-f.
PUBLIC SERVICES
6. Sianificant Imoact--Water. The MMWD could provide adequate
water service for the general plan if the entire remaining
water supply were allocated to the general plan area.
However, the competing demand from other communities within
the district would very likely reduce the remaining
available water supply sUbstantially. Therefore, if no
additional water supply sources are obtained by the MMWD,
then water availability could be a limiting factor for
general plan buildout.
To partially reduce this water supply impact, the following
measure could be implemented.
Mitiaation Measure
o The Town should require developers to implement the
water conservation measures identified by MMWD
Ordinance No. 263.
Monitorina Action
The general plan land use element contains a program, LU-j,
as follows:
The Town shall incorporate into conditions of
approval for new projects and remodels, to a
reasonable degree, the Marin Municipal Water
District recommendations for water
conservation contained in the most current
MMWD ordinance pertaining to water
conservation.
Therefore, a written condition of project approval for all
projects shall be implementation of MMWD water conservation
measures. Prior to the issuance of a certificate of
occupancy, the Town shall verify that all required water
conservation measures are in place and operational.
Resoonsible Entities
o Planning Department to verify that the condition is
included in the conditions of approval.
o city Building Department for inspection and
verification of required water conservation measures.
TC Resolution No. 2633
9/28/89
Exhibit B Page
6
Monitorina Freauency
o Monitoring will be triggered by each project
application and project completion.
TRAFFIC
7. Sianificant Impact. Drop in level of service (LOS) from B to
E at East Blithedale Avenue/Southbound Off-Ramp.
The intersection LOS would deteriorate from B to E during
both peak hours of the day at buildout of the proposed
general plan primarily because of increased traffic on the
Off-ramp, resulting in a significant adverse impact.
Mitiaation Measure
o The Town and Caltrans should work cooperatively to add
a fourth lane to the Off-ramp, thereby providing two
right-turn and two left-turn lanes. Rebuilding the
Tiburon Boulevard/U.S. 101 southbound off-ramp is
identified as a transportation improvement in the
proposed general plan circulation element; however, no
geometrics are specified.
(The EIR states that this measure would improve the
intersection LOS from E to C for both the a.m. and p.m. peak
hours, mitigating this impact to a less-than-significant
level.)
Monitorinq Action
This mitigation measure has been included in the general
plan circulation element as a facility improvement to be
implemented prior to 1995. While primary responsibility for
construction of the improvement is Caltrans', the Town
should cooperate by requiring developers to contribute fees
to the improvement fund, as permitted by law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of this and
other required circulation facility improvements.
Responsible Entities
o Caltrans for construction of the improvement.
o Planning Department for monitoring and reporting on the
status of circulation facility improvements.
o Town Council for adopting a traffic fee ordinance.
TC Resolution No. 2633
9/28/89
Exhibit B Page
7
Monitorina Freauency
o Monitoring and reporting on the status of facility
improvements shall be done each year. This report may
be done in conjunction with the annual general plan
review called for in program LU-f.
8. Sianificant Impact. Drop in Level of Service from A to D at
Tiburon Boulevard/Northbound off-ramp intersection.
This intersection would deteriorate from A to D during the
p.m. peak hour. This delay is considered a significant
adverse impact.
Mitiaation Measure
o Caltrans should widen the off-ramp at Tiburon Boulevard
from three to four lanes, providing two left-turn and
two right-turn lanes.
(The EIR states that this measure, together with the
widening of the overcrossing, will improve the intersection
LOS during the p.m. peak hour from D to B, mitigating this
impact to a less-than significant level.)
Monitorina Action
This measure has been included in the general plan as a
facility improvement to be completed after 1995. Caltrans
has primary responsibility for implementing these
improvements. However, the Town should cooperate by
requiring developers to contribute fees to the improvement
fund, as permitted by law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of these and
other required facility improvements.
Responsible Entities
o Caltrans for construction of the improvement.
o Planning Department for monitoring and reporting on
facility status.
o Town Council for adopting a traffic fee ordinance.
Monitorina Freauency
o Monitoring and reporting on the status of facility
improvements shall be done each year. This report may
be done in conjunction with the annual general plan
review called for in program LU-f.
TC Resolution No. 2633
9/28/89
Exhibit B Page
8
9. Siqnificant Impact. Drop in Level of Service to F at Tiburon
Boulevard/Frontage Road intersection.
The proposed general plan would result in LOS F for both the
a.m. and p.m. peak hours. (This impact is significantly
adverse.)
Mitiqation Measure
o Caltrans and the Town should work cooperatively to
widen Tiburon Boulevard from four to six lanes through
the intersection to the Strawberry Drive/Bay vista
Drive intersection and add a third lane to the
northbound Frontage Road approach, providing a left-
turn, a left-through, and right-turn lane. Rebuilding
this intersection is identified as an improvement in
the proposed general plan circulation element;
however, geometrics are not specified.
(The EIR states that these modifications would improve the
intersection LOS to a less than significant level.)
Monitorinq Action
This measure has been included in the general plan as a
facility improvement to be implemented after 1995. Caltrans
has primary responsibility for implementing the improvement.
However, the Town should cooperate by requiring developers
to contribute fees to the improvement fund, as permitted by
law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of this and
other required facility improvements.
Responsible Entities
o Caltrans for construction of the improvement.
o Marin County for establishing the improvement fund.
o Planning Department for monitoring and reporting on the
facility status.
o Town Council for adopting a traffic fee ordinance.
Monitorinq Freauency
o Monitoring and reporting shall be done each year. This
report may be done in conjunction with the annual
general plan review called for in program LU-f.
10. Siqnificant Impact. Capacity Exceeded at Tiburon
Boulevard/North Knoll Road, Tiburon Boulevard/Cecilia Way,
Tiburon Boulevard/Reed Ranch Road, Tiburon Boulevard/
TC Resolution No. 2633
9/28/89
Exhibit B Page
9
Gilmartin Drive, and Tiburon Boulevard/Mar West street
intersections.
Controlled movements at these intersections would operate in
excess of capacity at buildout of the proposed general plan,
resulting in a significant adverse impact. These
intersections do not meet signal warrants based on traffic
levels expected under the proposed general plan.
Mitiqation Measure
o Caltrans should analyze these intersections as
development occurs to see if signalization becomes
warranted; if signals are warranted in the future,
Caltrans and the Town should work cooperatively to
provide them.
(The EIR states that signalization would improve these
intersections' LOS to a less than significant level.)
Monitorinq Action
This measure has been included in the general plan.
Caltrans has primary responsibility for implementing these
improvements. However, the Town should cooperate by
requiring developers to contribute fees to the improvement
fund, as permitted by law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of these and
other required facility improvements.
Responsible Entities
o Caltrans for evaluating whether signals meet warrants.
o Planning Department for monitoring and reporting on the
status of signal warrants.
Monitorinq Freauency
o Monitoring and reporting shall be done each year. This
report may be done in conjunction with the annual
general plan review called for in program LU-f.
11. Siqnificant Impact. Drop in level of service for Northbound
approach at Tiburon Boulevard/Strawberry Drive/Bay vista
Drive intersection.
While the overall intersection LOS would continue to operate
at acceptable levels, the northbound Strawberry Drive
approach would operate at LOS D during the a.m. peak hour,
resulting in a significant adverse impact.
TC Resolution No. 2633
9/28/89
Exhibit B Page
10
Mitiaation Measure
o The Town should, in cooperation with Caltrans, add a
third lane to the northbound approach providing a left-
turn, left-through, and a right-turn lane. Widening
and redesigning this intersection is identified as a
transportation improvement in the proposed general plan
circulation element; however, geometrics are not
specified.
(The EIR states that this measure would improve the LOS for
this approach to a less than significant level during the
a.m. peak hour.)
Monitorina Action
This measure has been included in the general plan as a
facility improvement to be implemented after 1995. Caltrans
has primary responsibility for implementing the improvement.
However, the Town should cooperate by requiring developers
to contribute fees to the improvement fund, as permitted by
law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of this and
other required facility improvements.
Responsible Entities
o Caltrans for construction of the improvement.
o Planning Department for monitoring and reporting on the
status of the improvement.
o Town Council for adopting a traffic fee ordinance.
Monitorina Freauency
o Monitoring and reporting shall be done each year. This
report may be done in conjunction with the annual
general plan review called for in program LU-f.
12. Sianificant Impact. Drop in level of service from B to E/F
at Tiburon Boulevard/Blackfield Drive intersection.
The intersection LOS would deteriorate from B to E during
the a.m. peak hour and from B to F during the p.m. peak
hour, due primarily to the increase in turning volumes,
resulting in a significant adverse impact.
Mitiaation Measure
o The Town, in cooperation with Caltrans, should add a
third lane to the northbound approach providing a left-
turn, left-through, and a right-turn lane.
TC Resolution No. 2633
9/28/89
Exhibit B Page
11
(The EIR states that this measure would improve the
intersection LOS for this approach to a less-than-
significant level during the p.m. peak hour.)
Monitorinq Action
This measure has been included in the general plan as a
facility improvement to be implemented after 1995. Caltrans
has primary responsibility for implementing the improvement.
However, the Town should cooperate by requiring developers
to contribute fees to the improvement fund, as permitted by
law.
The Planning Department shall prepare an annual report to
the Town Council which describes the status of this and
other required facility improvements.
Responsible Entities
o Caltrans for construction of the improvement.
o Planning Department for monitoring and reporting on the
status of the improvement.
o Town Council for adopting a traffic fee ordinance.
Monitorinq Freauency
o Monitoring and reporting shall be done each year. This
report may be done in conjunction with the annual
general plan review called for in program LU-f.
PARKING
13. Siqnificant Impacts. Increased parking demand in downtown
Tiburon, an area already experiencing demands in excess of
supply.
Increased population on the Tiburon Peninsula would add to
the demand for parking in downtown Tiburon. Without
additional parking facilities to meet the increased parking
demand, the parking congestion problem would only get worse,
adding to the pressure for parking in the adjacent
residential areas. This impact is considered significantly
adverse.
Mitiqation Measure
o The Town should initiate a detailed study of parking
supply and demand in downtown Tiburon to quantify such
factors as parking demand, turnover, and duration and
then develop a program that increases the supply and
reduces demand.
TC Resolution No. 2633
9/28/89
Exhibit B Page
12
(The EIR states that implementation of this measure in
combination with other parking mitigation measures would
reduce this impact to less than a significant level.)
Monitorinq Action
This mitigation measure is included in the general plan
circulation element. See Program C-e. As part of the
annual circulation report, the Planning Department shall
describe the status of this study.
Responsible Entities
o Town Council to direct that the study be completed.
o Planning Department to carry out the feasibility study
and to report on the progress of the study.
Monitorinq Freauency
o Reporting on this measure should be done in conjunction
with the annual circulation report.
FLOOD HAZARDS
14. Siqnificant Impact. Potential Exposure of Proposed Uses to
Flood Hazards.
Excessive flows into newly developed areas could come from
over-bank flooding of natural drainage, tidal flooding, and
clogged, constricted, or inadequately sized storm drains.
Most property located in flood hazard areas created by over-
bank flooding has already been developed; however, some of
the areas planned for development, principally in the Reed
Hill drainage, are expected to lie within a flood hazard
area. Global warming could eventually raise coastal water
levels in the Tiburon general plan area, accentuating tidal
flood hazards. Drainage systems that are incapable of
conveying runoff volumes generated by the 100-year storm may
cause localized flooding or ponding of water, which could
damage other structures. Exposure of property to flood
hazards is a significant adverse impact of development under
the proposed general plan.
Mitiqation Measures
a. The Town should modify the proposed general plan safety
element to require development and/or construction to
be outside any area within the Federal Emergency
Management Agency 100-year flood zone (IIAII zone
designations), or 100-year tidal flood zone (IIVII zone
designations).
b. The Town should require provision of flood measures for
property to be located in an existing flood hazard
zone; the Town should also require structures
TC Resolution No. 2633
9/28/89
Exhibit B Page
13
constructed adjacent to areas subject to the 100-year
tidal flood to be protected from destructive wave
action.
c. The Town should require, as a condition of project
approval, a study of the proposed drainage system for
the development; effects of any additional runoff on
other drainage systems, the ability of said drainage
systems to convey runoff volumes generated by the 100-
year storm, and recommendations for compliance with
Town design standards should also be included in the
study; recommendations of the study should be
implemented prior to project construction.
(The EIR states that implementation of mitigation measure c
would reduce flood hazard exposure impacts to new
developments to a less-than-significant level.)
Monitorinq Action
These measures have been included in the safety element as
policies SE-11 to SE-13. Implementation of the measures is
triggered by each development application. The Planning
Department shall ensure that these measures are listed as
conditions of project approval and subsequently implemented.
Responsible Entities
o Planning Department and Town engineer to ensure that
conditions of project approval comply with these
measures.
Monitorinq Freauency
o The Planning Department must check off compliance with
these measures for each development application.
15. Siqnificant Impact. Increased Runoff Volumes Could Increase
the Frequency of Flooding.
Runoff volumes generated under buildout of the proposed
general plan are expected to be larger than for an identical
storm under existing conditions. Runoff volumes are
estimated to increase as much as 15 percent above existing
conditions for the 100-year storm, depending on the
characteristics of the watershed. These runoff volumes are
expected to increase if the designated potential open space
areas are developed. The larger runoff volumes generated
would reach flood levels more frequently in the channels and
drainage facilities and subject additional areas to
flooding. This increase in runoff volumes is not expected
to be significant in most of the general plan area because
most of the drainage systems have been upgraded to
accommodate runoff from the 100-year storm. Therefore, the
potential increase in flood frequency associated with the
increased runoff volumes is considered to be significantly
TC Resolution No. 2633
9/28/89
Exhibit B Page
14
adverse only in those watersheds that do not have sufficient
capacity to convey runoff from the 100-year storm.
Mitiqation Measures
o The Town should include a policy in the proposed
general plan requiring further study of the effects of
additional development on the drainage system and
mitigation of adverse effects of additional runoff by
improving the existing drainage system. To the extent
that each property owner is responsible for exceeding
the capacity of the existing system, he/she should be
responsible for the cost of improvements to the system.
o The Town should include a policy in the proposed
general plan requiring on-site detention and/or
disposal of runoff volumes in excess of existing
volumes from proposed development sites to prevent any
increase in runoff beyond that existing for the 100-
year storm.
(The EIR states that either of these measures (or a
combination of the two) would reduce this impact to less
than significant.)
Monitorinq Action
These measures have been included in the safety element as
policy SE-13. Actual implementation of the measures
through conditions on project approvals will be triggered by
each development application. The Planning Department shall
ensure that these measures are included as conditions of
project approval.
Responsible Entities
o Planning Department and Town engineer to ensure that
conditions of project approval comply with these
measures.
Monitorinq Freauencv
o The Planning Department must check-off compliance with
these measures for each development application.
16. Siqnificant Impact. Larger Runoff Volumes Could Exceed the
Capacity of Existing Drainage Systems.
Under buildout of the proposed general plan, a significant
portion of vacant land would be developed. Runoff volumes
could be increased as much as 15 percent. It is probable
that a few of the drainage systems throughout the general
plan area would not have sufficient capacity to fully
accommodate runoff volumes generated by the 100-year storm.
TC Resolution No. 2633
9/28/89
Exhibit B Page
15
This is considered to be a significant adverse impact due to
the cost of repairing and improving drainage systems.
Mitiqation Measures
o Same as identified above for flood hazards.
(The EIR states that either of these measures (or a
combination of the two) would reduce this impact to less
than significant.)
Monitorinq Action
These measures have been included in the safety element as
policies SE-11 to SE-13. Implementation of the measures is
triggered by each development application. The Planning
Department shall ensure that these measures are included as
conditions of project approval and subsequently implemented.
Responsible Entities
o Planning Department and Town engineer to ensure that
conditions of project approval comply with these
measures.
Monitorinq Freauency
o The Planning Department must check off compliance with
these measures for each development application.
WATER QUALITY
17. Siqnificant Impacts. Potential Degradation of Water Quality
of Belvedere Lagoon, Richardson Bay and San Pablo Bay from
Construction Activities.
Possible water quality impacts from the project would be of
a short-term and recurring short-term nature. Short-term
impacts would result from construction activities, whereas
recurring short-term impacts would result from urban runoff
flowing into Belvedere Lagoon, Richardson Bay, and San
Francisco Bay.
Increased turbidity and sediment loading from construction
and grading activities would have a short-term impact on
water quality.
Mitiqation Measures
o The Town should require developers to confine earth
moving to the non-rainy season.
o The Town should require developers to use engineered,
site-specific erosion control measures at all
construction sties.
TC Resolution No. 2633
9/28/89
Exhibit B Page
16
o The Town should require developers to re-vegetate all
exposed soils at the completion of construction.
o The Town should divert urban runoff discharges bound
for Richardson Bay to a discharge point, such as
Raccoon Strait, that provides sufficient mixing and
dissipation of pollutants.
o Belvedere should divert urban runoff discharges bound
for Belvedere Lagoon to a discharge point, such as
Raccoon Strait, that provides sufficient mixing and
dissipation of pollutants.
o The Town should require developers to provide on-site
disposal of urban runoff in the general plan area,
where feasible.
o The Town should require developers to install runoff
detention basins, where feasible.
o The Town should enforce strict on-site handling rules
to keep construction and maintenance material out of
waterways.
o The Town should require developers to collect and
remove pollutants such as sanitary wastes and petroleum
products from construction sites.
o The Town should require developers to prepare a spill
prevention and countermeasure plan prior to approval of
a grading permit.
o The Town should require the use of chemical toilets at
all construction sites to prevent bacterial and
nutrient contamination of local drainage.
(The EIR states that implementation of all of these measures
would reduce this impact to less than significant.)
Monitorinq Action
Each of these measures is listed in the safety element
appendix to be required as conditions on all new projects.
As such, implementation of these measures is triggered by
each development application. The Planning Department shall
ensure that each of these measures is required as part of
project approval when appropriate.
Responsible Entities
o Planning Department to ensure that measures are listed
as conditions of project approval.
TC Resolution No. 2633
9/28/89
Exhibit B Page
17
Monitorinq Freauency
o The Planning Department must check-off compliance with
these measures for each development application.
18. Siqnificant Impact. Potential Degradation of Water Quality
of Belvedere Lagoon and Richardson Bay from Increased
Runoff.
Releases of urban pollutants are expected to increase with
implementation of the proposed general plan. The resultant
water quality degradation could adversely affect vegetation
and wildlife that inhabit Belvedere Lagoon and Richardson
Bay. The increase in urban pollutants and the resultant
water quality degradation is considered a potentially
significant adverse impact because of the variability and
unpredictability of water quality degradation of bodies in
the vicinity of the general plan area.
Mitiqation Measures
o The Town should divert urban runoff discharges bound
for Richardson Bay and Belvedere Lagoon to a discharge
point, such as Raccoon strait, that provides sufficient
mixing and dissipation of pollutants.
o The Town and other jurisdictions draining into
Richardson Bay and Belvedere Lagoon should require
developers to provide on-site disposal of urban runoff
in the general plan area, where feasible.
o The Town and other jurisdictions draining into
Richardson Bay and Belvedere Lagoon should require
developers to install runoff detention basins, where
feasible. Detention of urban runoff in basins provides
an opportunity for pollutants to deposit on the basin
bottom and to decompose before entering water quality-
sensitive bodies of water. The detention basin in the
downtown watershed was constructed primarily as a
sediment trap to prevent excessive deposition in
Belvedere Lagoon, but it also helps maintain water
quality.
(The EIR states that implementation of these measures would
reduce this impact to less than significant.)
Monitorinq Action
Each of these measures is listed in the safety element
appendix to be required as conditions of all new projects.
As such, implementation of these measures is triggered by
each development application. The Planning Department shall
ensure that each of these measures is required as part of
project approval when appropriate.
TC Resolution No. 2633
9/28/89
Exhibit B Page
18
Responsible Entities
o Planning Department to ensure that measures are adopted
as conditions of project approval.
Monitorinq Freauencv
o The Planning Department must check-off compliance with
these measures for each development application.
SOILS
19. Siqnificant Impact. Because more than 90 percent of the
vacant lands in the general plan area have a high erosion
hazard, significant soil loss, sediment transport in
drainageways, and sediment deposition in near-shore marine
areas could result from future development. Slightly less
than one-half of the vacant lands with high erosion hazard
are proposed for development. Erosion during construction
conforming to the proposed general plan is therefore
considered a significant adverse effect of the proposed
general plan.
Mitiqation Measures
o The Town should require developers to confine earth
moving to the non-rainy season.
o The Town should require developers to use engineered,
site-specific erosion control measures at all
construction sites.
o The Town should require developers to re-vegetate all
exposed soils at completion of construction.
(The EIR states that this potential impact can be reduced to
less than significant by adopting all of these measures.)
Monitorinq Action
Each of these measures is listed in the safety element
appendix as measures to be required as conditions on all new
p~ojects. As such, implementation of these measures will be
triggered by each development application. The Planning
Department shall ensure that each of these measures is
required as a condition of project approval when
appropriate.
Responsible Entities
o Planning Department to ensure that measures are adopted
as conditions of project approval.
TC Resolution No. 2633
9/28/89
Exhibit B Page
19
Monitorina Freauency
o The Planning Department must check-off compliance with
these measures for each development application.
20. Sianificant Imoact. structural Damage Could Result in Some
Areas From Shrink-Swell of Soils.
Because one-third of the vacant lands in the general plan
area have a high shrink-swell potential, significant
foundation damage, roadway heaving, and pipeline failure
could accompany future development. More than one-half of
these lands are in areas proposed for development. Thus,
the potential open space designation does not avoid this
impact. Shrink-swell damage from construction conforming to
the proposed general plan is therefore considered a
significant adverse effect of the proposed general plan.
Mitiaation Measure
o The Town should include a policy in the proposed
general plan requiring developers to use specially
engineered foundation designs on all development in
areas with high shrink-swell potential.
(The EIR states that this potential impact can be reduced to
less than significant by implementing these measures.)
Monitorina Action
This policy has been included in the safety element of the
general plan, SE-21. The Planning Department in conjunction
with the Town engineer has the responsibility of identifying
those projects which must meet this requirement.
Resoonsible Entities
o Planning Department and Town engineer to identify
projects which are in areas of high shrink-swell
potential and require this measure to be carried out in
project design. Specifically, the Town engineer shall
double-check site specific geologic reports and studies
for their adequacy.
Monitorina Frequency
o Implementation of this measure will be triggered by
each development application.
SLOPE STABILITY
21. Sianificant Imoact. structural Damage and Injury Could
Result in Some Areas from Substrate Failure.
Because 31 percent of the vacant lands in the general plan
area have highly unstable slopes and 55 percent have
TC Resolution No. 2633
9/28/89
Exhibit B Page
20
potentially unstable slopes or substrate, significant
structural damage, pipeline failure, and possibly injury
could accompany future development. About one-half of these
highly unstable slopes and one-half of potentially unstable
slopes or substrate are in areas proposed for development.
Damage and injury from slope or substrate failures after
construction permitted by the proposed general plan are
therefore considered significant adverse effects of the
proposed general plan.
Mitiaation Measures
o The Town should include a policy in the proposed
general plan requiring developers to use specially
engineered slope configurations, footings and
foundations, retaining walls, and subsurface drainage
system on all developments in areas having unstable or
potentially unstable slopes or substrate (zones 2, 3, 4
and mu) or to avoid development of such areas after
engineered study.
o The Town should include a policy in the proposed
general plan requiring engineering supervision of
construction in all development areas having unstable
or potentially unstable slopes or substrate or to avoid
development of such areas after engineered study.
(The EIR states that this potential impact can be reduced to
less than significant by implementing all of these
measures.)
Monitorina Action
These measures are listed in the safety element as policies
SE-22 and SE-23. Implementation of these measures will be
triggered by every development application. The Planning
Department shall ensure that each of these measures is
considered as a condition of project approval when
appropriate.
ResDonsible Entities
o Planning Department and Town engineer to ensure that
measures are considered for each development and when
appropriate adopted as conditions of project approval.
Monitorina Freauency
o The Planning Department must check-off compliance with
these measures for each applicable development
application.
TC Resolution No. 2633
9/28/89
Exhibit B Page
21
SEISMIC INTENSITY
22. Sianificant Imoacts. Additional Persons and Property
Exposed to Earthquake Hazards.
All growth and development in the general plan area subjects
additional persons and property to hazards of ground shaking
from major earthquakes associated with the San Andreas fault
system. The threat to these properties is also considered a
significant adverse impact of the proposed general plan.
Mitiaation Measures
o The Town should update the emergency plan and complete
the operational plan for disasters and incorporate both
into the proposed general plan.
(The EIR states that ground shaking hazards can be reduced
to less than significant with these measures. Tsunami and
seiche hazards can be mitigated to less than significant at
some sites with implementation of this measure. At other
low-lying sites, this significant hazard must be considered
an unavoidable impact of development.)
Monitorina Action
The Town emergency plan is currently being updated. In
addition, the safety element contains program SE-q which
calls for the Tiburon emergency plan to be included in the
general plan. The Planning Department shall make sure that
the completed plan is added to the general plan as an
appendix to the safety element.
Resoonsible Entities
o Planning Department to ensure that the emergency plan,
when completed, is incorporated into the general plan.
Monitorina Freauency
o The status of this should be discussed in the annual
general plan review until the emergency plan is
incorporated into the general plan.
B. MONITORING AND REPORTING FOR REVISIONS TO THE GENERAL PLAN
WHICH ADDRESS SIGNIFICANT IMPACTS IDENTIFIED IN THE EIR.
In some cases, mitigation measures recommended in the
EIR have been rejected and replaced by revisions in the general
plan which serve to mitigate significant adverse impacts. This
section describes monitoring and reporting requirements for these
revisions which serve to mitigate significant adverse impacts
identified in the EIR.
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9/28/89
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LAND USE
1. Siqnificant Imoact. The primary impact of urban development
in the general plan area would be the conversion of
approximately 500 acres of undeveloped lands. The overall
low density character of the proposed residential land use
designations would preserve some of the area as undeveloped
land.
Mitiqation Measures
The following mitigation measures have been rejected:
o The Town should redesignate the potential open space
areas to permanent open space and include general plan
policies and implementation measures requiring that
designated potential open space areas be retained in
permanent open space. Legal protection of these areas
would permanently retain 51 percent of total
undeveloped land within the general plan area.
o None available other than prohibiting additional
development.
General Plan Resoonse
General Plan Policy OSC-15 establishes a goal to preserve
50% of all large undeveloped parcels in permanent open
space. This policy partially mitigates the conversion of
open space to development uses.
Monitorinq Action
Policy OSC-15 has been included in the general plan open
space and conservation element. Implementation of the
policy will be triggered by development applications for
large undeveloped parcels.
The Planning Department shall be responsible for ensuring
that all projects involving large, undeveloped parcels
comply with Policy OSC-15. Compliance shall be reflected
through the project review process. In approving specific
projects, the Planning commission and Town Council shall
also ensure that the project approval is in compliance with
OSC-15. As part of the annual general plan review process
called for in Land Use Program LU-f, progress toward
preserving open space through the implementation of this
policy and other provisions in the open space and
conservation element shall be described.
Resoonsible Entities
o Planning Department, Planning Commission and Town
Council for ensurlng that all projects involving large
undeveloped parcels comply with Policy OSC-15.
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Monitorinq Freauencv
o Each time a development application for a large
undeveloped parcel is processed.
o Annually as part of the annual review of the general
plan.
PUBLIC SERVICES
2. Siqnificant Imnact (Fire). Increased fire flow demands on
the general plan area water system would exacerbate existing
water pressure problems.
Mitiqation Measures
The following mitigation measures were rejected:
o The Tiburon Fire Protection District (TFPD) should
require installation of water lines capable of
providing a minimum fire flow of 1,000 gpm to all new
residential and commercial development as required in
the Uniform Fire Code.
o The TFPD should require continued use of automatic
sprinkler systems that operate automatically not only
to prevent fires from growing undetected but also
simultaneously sound alarms.
(The EIR states that if water supply is adequate in the TFPD
to meet the pressure and fire flow requirements of the
Uniform Fire Code, this impact would be reduced to a less-
than-significant level.)
General Plan Resnonse
Two general plan provisions address this potential impact.
Land Use Element Policy LU-18 requires that all essential
infrastructure improvements must be available to serve new
development by the time new development is constructed. In
addition, Policies SE-17 and SE-20 specifically require that
sufficient water supply and equipment for fire suppression
are provided by the time development is constructed.
Monitorinq Action
These policies are included in the general plan.
Implementation of the policies will be triggered by
development applications. The Planning Department shall be
responsible for ensuring that, as conditions of project
approval, these measures are required in future projects.
Resnonsible Entities
o Planning Department in cooperation with the Tiburon
Fire Department.
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Monitorinq Freauency
o Each time a development application is filed.
o As part of the annual review of the general plan, a
report should be included to ensure that appropriate
conditions of approval are being imposed for
development approvals.
3. Siqnificant ImDact (Emerqencv Access). Increased emergency
access time could reduce effectiveness of an emergency
response.
Access to the Town of Tiburon is primarily by Tiburon
Boulevard, the TFPD's and Alto-Richardson Bay Fire
District's (ARBFD) main emergency access route. Because
only one major roadway into the general plan area exists,
the two districts have expressed concern that the
effectiveness of emergency response within the general plan
area and automatic and mutual aid from other fire protection
agencies could be reduced should Tiburon Boulevard be
blocked or otherwise made impassable. Additional
development in the general plan area would increase traffic
levels on Tiburon Boulevard, thus reducing its effectiveness
as an emergency response and mutual aid route. This access
problem is a significant adverse impact.
Mitiqation Measure
The following mitigation measure has been rejected:
o In the proposed general plan safety element, the Town
should identify an alternative emergency access network
to Tiburon Boulevard and required funding mechanisms.
Such a network could provide relief to the eastern end
of the peninsula, including the entire downtown area.
(The EIR states that this measure may reduce this impact to
less than significant.)
General Plan ResDonse
The general plan contains two provisions which partially
address this potential impact. Policy SE-15 requires that a
system of emergency routes be established to ensure
emergency access to all development. Program SE-d makes the
Tiburon Emergency Plan part of general plan. The Emergency
Plan will spell out emergency access routes.
Monitorinq Action
As part of the annual review of the general plan, the
Planning Department shall report on the status of the
Emergency Plan update and indicate whether it has been
incorporated into the general plan.
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9/28/89
Exhibit B Page
25
Responsible Entities
o Planning Department for incorporating the Emergency
Plan into the general plan.
Monitorinq Freauency
o Annual report on status of the Emergency Plan until the
Plan is incorporated into the general plan.
4. Siqnificant Impact (Police Services). Demand for
additional Tiburon Police Department (TPD) police officers.
Implementation of the proposed general plan would increase
the demand for police protection in the Town of Tiburon by
increasing the population in the Town limits and annexation
of the unincorporated portions of the general plan area into
the Town.
Mitiqation Measure
The following mitigation measure has been rejected:
o The Town should incrementally increase funding for the
TPD to provide additional staff and equipment during
the buildout time period, as demand warrants.
(The EIR states that, assuming that funds would be available
for incremental expansion of the TPD, this mitigation
measure could reduce this significant adverse impact to a
less-than-significant level.)
General Plan Response
Two programs contained in the land use element address this
potential impact. Programs LU-d and LU-m call for the
development of appropriate fee ordinances and capital
improvement programs to ensure that funds are available to
provide for needed public services.
Monitorinq Action
As part of the annual review of the general plan, the
Planning Department shall report on the status of the Public
Facilities Fee ordinance and the Capital Improvement Program
(CIP).
Responsible Entities
o Police Department to provide input to the Town Manager
regarding funding needs so that this information can be
incorporated into the fee ordinance and CIP.
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Monitorina Freauency
o Annually in conjunction with the annual report on the
general plan.
5. Sianificant Imoact (Sewaae Treatment). Increased demand of
surface water would exceed peak period treatment capacity
under the proposed general plan. This lack of peak period
treatment plant capacity is considered a significant adverse
impact.
Mitiaation Measures
The following mitigation measures were rejected:
o The MMWD should upgrade and phase facilities at the Bon
Tempe and San Geronimo treatment plants as demand
warrants to ensure that sufficient water supply can be
conveyed to the general plan area.
o The Town should include a general plan policy directing
future development to be phased commensurate with plans
to upgrade water treatment facilities. Adequate
treatment facilities should be provided before
development occurs.
(The EIR states that these mitigation measures would have
reduced this significant adverse impact to a less than
significant level.)
General Plan Resoonse
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorina Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Resoonsible Entities
o Planning Department to ensure that capacity exists.
Monitorina Freauency
o Monitoring is triggered by each project application.
6. Sianificant Imoact (Water). Increased cumulative demand
for surface water would exceed existing supplies.
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Mitiaation Measure
o None available. The MMWD has determined that
additional water sources for the District's long-term
regional water needs are required. The MMWD has
reviewed several alternatives for additional supply,
but none is favored at this time. The MMWD Board of
Directors has approved a request for proposals from
consulting firms for development of new water sources.
(The EIR states that there are currently no mitigation
measures, other than developing additional water sources,
that would reduce this impact to a less-than-significant
level. Therefore, this impact is considered unavoidable.)
General Plan Res90nse
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorina Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorina Freauency
o Monitoring will be triggered by each project
application.
7. Sianificant Impact (Water). Increased cumulative demand
for surface water would exceed peak period treatment
capacity.
The cumulative water demand projected for 2005 would exceed
existing treatment capacity at the Bon Tempe and San
Geronimo water treatment plant.s This capacity shortfall is
considered a significant adverse impact.
Mitiaation Measure
The following mitigation measure is within the jurisdiction
of another agency.
o The MMWD should upgrade the Bon Tempe and San Geronimo
treatment plants as needed to ensure that sufficient
treated water can be conveyed to the MMWD service area.
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(The EIR states that this mitigation measure would reduce
this significant impact to a less than significant level.)
General Plan Response
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorinq Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorinq Freauency
o Monitoring will be triggered by each project
application.
8.
Siqnificant Impact (Water).
area water facilities.
Need to expand general plan
The MMWD has identified two main areas of the general plan
area that would require major water distribution and storage
facilities before development could occur: the upper water
zones in the vicinity of Ring Mountain and areas south and
east of the Sugar Loaf Tank.
Mitiqation MeasUres
The first two mitigation measures are within the
jurisdiction of another agency. The third measure has been
rejected.
o The MMWD should identify the pump stations, storage
facilities, and distribution system that would be
needed to adequately serve proposed development.
Project applicants should be required to conform to
these requirements and provide financing for
construction of all facilities needed to serve specific
developments.
o The MMWD should develop and implement a water system
master plan for the general plan area which takes into
account planned development.
o The Town should include a general plan policy requiring
an adequate water distribution system before
development occurs.
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(The EIR states that implementation of these mitigation
measures according to MMWD standards would have reduced the
above facility impacts to a less than significant level.)
General Plan Response
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorina Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through project review
process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorina Freauency
o Monitoring will be triggered by each project
application.
9. Sianificant Impact (Wastewater). Increased generation of
wastewater in sanitation district (SD) No. 5 may exceed
remaining treatment plant capacity.
The ability of the treatment plant to handle dry weather
peak hour flows is currently uncertain; therefore, this
impact is considered significantly adverse.
Mitiaation Measures
The following mitigation measures are either within the
jurisdiction of another agency or have been rejected:
o SD No. 5 should provide adequate wastewater treatment
plant capacity at its Playa Verde package treatment
plant or should construct additional package plants, as
needed, to serve development from buildout of the
proposed general plan in areas on the northeast side of
the Tiburon Peninsula. Many of these areas would
require annexation into SD No.5. Upgrade of the Playa
Verde plant and construction of collection lines to
serve existing and proposed residential development,
would require new residential development densities to
be consistent with densities approved in the SD No. 5
Paradise Cove Plan (John Corolla Engineers 1984). The
Town and SD No. 5 should coordinate long-term planing
efforts to ensure that residential densities in this
TC Resolution No. 2633
9/28/89
Exhibit B Page
30
area are adequate to finance provision of the mandated
public sewerage system.
o The proposed general plan should provide policies
requiring that adequate sewage treatment plant capacity
be provided as development occurs or at a preselected
rate.
(The EIR states that these mitigation measures would reduce
this potential impact to a less than significant level.)
General Plan Response
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorinq Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorinq Freauency
o Monitoring will be triggered by each project
application.
10. Siqnificant Impact (Wastewater). Increased generation of
wastewater in the Richardson Bay Sanitation District (RBSD)
would exceed remaining treatment plant capacity.
(The EIR states that this increased demand would exceed the
RBSD's remaining average dry weather flow capacity at the
Mill Valley Treatment Plant (MVTP). This capacity problem
is considered a significant adverse impact.)
Mitiqation Measures
The following mitigation measures are within the
jurisdiction of another agency or have been rejected:
o The RBSD should expand MVTP capacity as needed to
handle the increased wastewater flows expected in the
district. To accomplish the plant expansion, RBSD in
conjunction with SASM should prepare and implement a
facility master plan that would determine precise
sizing and timing of the plant to coincide with
buildout.
TC Resolution No. 2633
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31
o The proposed general plan should provide policies
requiring that adequate sewage treatment plant capacity
be provided as development occurs or at a preselected
rate.
(The EIR states that implementation of these mitigation
measures would reduce the above impact to a less than
significant level.)
General Plan Response
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorinq Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorinq Freauency
o Monitoring will be triggered by each project
application.
11. Siqnificant Impact (Wastewater). Increased cumulative
demand would exceed remaining treatment capacity in
Sanitation District No.2.
Cumulative residential development in the Central Marin
Service Area (CMSA) as projected by the Association of Bay
Area Governments (ABAG), is expected to amount to
approximately 40,956 dwelling units in 2005. This estimate
is based on census tract data for Corte Madera, Fairfax,
Larkspur, Kentfield, San Anselmo, and the portion of San
Rafael south of Puerto Suelo Hill. The average wastewater
generation for the CMSA service area is expected to be
approximately 9,665,600 gpd. This volume of wastewater
amounts to approximately 97 percent of the dry weather flow
design capacity of the treatment plant without considering
some amount of additional flow from commercial and/or
industrial use. This capacity problem is considered a
significant adverse impact.
Mitiqation Measure
This mitigation measure is within the jurisdiction of
another agency.
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9/28/89
Exhibit B Page
32
o The CMSA should expand its wastewater treatment
capacity as needed to handle cumulative wastewater
flows. The expansion of treatment facilities should be
implemented with the aid of a wastewater facility
master plan prepared by a qualified engineer.
(The EIR states that implementation of the above mitigation
measure would reduce this impact to a less than significant
level.)
General Plan Resoonse
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorinq Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Resoonsible Entities
o Planning Department to ensure capacity exists.
Monitorinq Frequency
o Monitoring will be triggered by each project
application.
12. Siqnificant Imoact (Wastewater). Increased cumulative
demand would exceed remaining treatment plant capacity in
the Richardson Bay Sanitation District.
The SASM is preparing a capacity study for the MVTP and has
requested estimates from each of its member districts for
the number of EDUs that would be needed to build out
district areas. The member districts are the Alto SD, RBSD,
Almonte Sanitary District, City of Mill Valley, Homestead
Valley Sanitary District, and Tamalpais Community Service
District. The buildout data for districts not within the
Tiburon general plan area are considered preliminary only by
SASM, while data for the Alto SD and RBSD are extracted from
the analysis above for the proposed general plan. Based on
the preliminary data buildout of the SASM, districts would
require an additional 696,440 gpd of wastewater treatment
capacity, exceeding the estimated 320,000 gpd of remaining
capacity. The SASM staff have identified this apparent
long-range discrepancy and are preparing a capacity study
for the plant that will identify actual plant capacity and
the proper expansion needs for the MVTP. This potential
capacity problem is considered a significant adverse impact.
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Exhibit B Page
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Mitiaation Measures
This mitigation measure is within the power of another
agency.
o The SASM should expand the MVTP as demand warrants
based on its estimates for future development
potential. Expansion of this facility should be
implemented according to the guidelines in a formal
master plan prepared by a qualified engineer.
(The EIR states that implementation of this measure would
reduce this impact to a less than significant level.)
General Plan Response
Policy LU-18 in the land use element requires that sewer,
water and other essential infrastructure improvements must
be available to serve new development at the time new
development is constructed. Implementation of this policy
will be triggered by each development application.
Monitorina Action
Pursuant to Policy LU-18, the Planning Department shall
ensure that adequate capacity exists through the project
review process.
Responsible Entities
o Planning Department to ensure capacity exists.
Monitorina Freauency
o Monitoring will be triggered by each project
application.
BIKEWAYS AND TRAILS
13. Sianificant Impact. Existing bikeways are not adequate to
meet future demand.
Increased population projected under the proposed general
plan would lead to increased usage of existing bikeway
facilities. Existing bikeway facilities are not provided in
the neighborhoods such that cyclists can access the major
facilities along the Tiburon Boulevard corridor. This
impact is considered significantly adverse.
Mitiaation Measures
The following mitigation measures have been rejected:
o The Town should require as policy that new streets
classified as collectors and minor arterials be
designed to accommodate bike lanes (Class II bikeway).
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The Town should evaluate existing collectors and minor
arterials and provide designated bike lanes if they can
be accommodated.
o The Town, in cooperation with Caltrans, should extend
the Class I bikeway along the Tiburon Boulevard
corridor from Trestle Glen Boulevard to u.s. 101 within
the right-of-way of Tiburon Boulevard.
o The Town should evaluate and implement, where possible,
a Class II bikeway along Paradise Drive and along
Trestle Glen boulevard.
(The EIR states that these measures would reduce the impact
to less than significant.)
General Plan Response
The general plan contains a number of provisions which call
for improving bikeways in the Town. Policy C-34 calls for
the provision of multi-use paths for bicycles and
pedestrians along existing streets. In addition,
Policy C-34 calls for the creation of a bike path along
Trestle Glen Boulevard between Tiburon Blvd. and Paradise
Drive. Program C-j requires that a program for improving
the bike lane system be established.
Monitorinq Action
In conjunction with the preparation of the annual report on
the status of the general plan circulation improvements, the
Planning Department should describe the status of bike lane
system improvements.
Responsible Entities
o Planning Department for the preparation of the report.
Monitorinq Freauency
o Annually in conjunction with the preparation of the
general plan status report.
TRANSIT
14. Siqnificant Impact. The proposed general plan could add
between 200 and 400 daily transit trips to the existing
demand. The potential for cutbacks in Golden Gate transit
service, combined with increased demand for transit, could
force patrons to use private vehicles more often, adding to
traffic congestion. This impact is considered significantly
adverse.
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9/28/89
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35
Mitiaation Measure
The following mitigation measure has been rejected:
o The proposed general plan circulation element
recommends that a Tiburon trolley feasibility study be
undertaken. Such a trolley would operate between
Blackie's Pasture and downtown Tiburon on weekends and
during some peak hour periods on weekdays.
(The EIR states that this measure would reduce this impact
to less than significant.)
Monitorina Action
Program C-h calls for the Town to undertake a feasibility
study of the Tiburon trolley. However, the program does not
state the specific location of the trolley operation.
Therefore, this measure has been rejected. As part of the
annual circulation report, the Planning Department shall
describe the status of the feasibility report on the
trolley.
Responsible Entities
o Town Council to direct that the study be completed.
o Planning Department to carry out feasibility study and
report on progress of study.
Monitorina Freauency
Reporting on these measures should be done in conjunction
with the annual circulation report. This report may be done
in conjunction with the annual general plan review called
for in program LU-f.
PARKING
15. Sianificant Impacts. Increased parking demand in downtown
Tiburon, an area already experiencing demands in excess of
supply.
Increased population on the Tiburon Peninsula would add to
the demand for parking in downtown Tiburon. without
additional parking facilities to meet the increased parking
demand, the parking congestion problem would only get worse,
adding to the pressure for parking in the adjacent
residential areas. This impact is considered significantly
adverse.
Mitioation Measure
o The proposed general plan circulation element
recommends that a Tiburon trolley feasibility study
TC Resolution No. 2633
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36
should be undertaken. Such a trolley would operate
between Blackie's Pasture and downtown Tiburon on
weekends and during some peak hour periods on weekdays.
(The EIR states that implementation of this measure in
combination with other parking mitigation measures would
reduce this impact to less than a significant level.)
Monitorinq Action
Program C-h calls for the Town to undertake a feasibility
study of the Tiburon trolley. However, the program does not
state the specific location of the trolley operation.
Therefore, this measure has been rejected. As part of the
annual circulation report, the Planning Department shall
describe the status of the feasibility report on the
trolley.
Responsible Entities
o Town Council to direct that the study be completed.
o Planning Department to carry out feasibility study and
report on progress of study.
Monitorinq Freauency
Reporting on these measures should be done in conjunction
with the annual circulation report. This report may be done
in conjunction with the annual general plan review called
for in program LU-f.
TC Resolution No. 2633
9/28/89
Exhibit B Page
37