HomeMy WebLinkAboutTC Res 1989 (October thru December)
RESOLUTION NO. 2664
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ORDERING AND CALLING A
MUNICIPAL ELECTION IN THE TOWN OF
TIBURON ON APRIL 10, 1990 FOR THE
PURPOSE OF PLACING A MEASURE ON THE BALLOT
BE IT RESOLVED that the Town Council of the Town of Tiburon
hereby orders as follows:
Section 1. DATE OF ELECTION
A general municipal election is hereby called and ordered to be held in
the Town of Tiburon, State of California, on Tuesday, April 10, 1990 for
the purpose of voting on the Measure set forth in Section 2 hereof.
Section 2. MEASURE TO BE VOTED ON
A. "Shall the Town of Tiburon be permitted to sell all or a
portion of the current Town Hall site and the adjacent two
acre parcel of land purchased with open space bond funds for
the purpose of applYing the proceeds of the sale to build and
equip a new Town Hall on Town property at the corner of
Mar West and Tiburon Boulevard with the condition that the
sold property be used primarily to construct senior citizen
housing and that any excess funds be deposited in the Town's
Open Space Fund?"
Section 3. CALL FOR ARGUMENTS AND REBUTTALS.
The Town Clerk of Tiburon will accept arguments for and against the
measure and will accept rebuttal arguments. The direct arguments for
and against the measure shall not exceed 300 words in length and must be
submitted to the Town Clerk by noon, January 22, 1990. The rebuttal
arguments shall not exceed 250 words in length and must be submitted to
the Town Clerk by noon, February 1, 1990.
Section 4. REGISTRATION TO CLOSE MARCH 12. 1990.
Registration for said election shall close on March 12, 1990; no persons
registered after that date will be entitled to vote at said election.
Section 5. TIME WHEN POLLS ARE KEPT OPEN.
At said election. the polls shall be opened at 7:00 A.M. of the day of said
election, and shall be kept open until 8:00 P.M. in the evening of the same
day, when the polls shall be closed, subject to the provisions of Section
22903 of the Election Code.
Section 6. CANVASS OF BALLOTS BY COUNCIL.
The Council shall meet at its usual place of meeting on the first Tuesday
next succeeding said election to canvass the returns.
Section 7. PUBLISHING NOTICE OF ELECTION.
The Town Clerk shall cause to be published in a newspaper of general
circulation a Notice of Election which will include the date of election,
hours the polls open and close and the Measure to be voted upon.
Section 8. SAMPLE BALLOT AND VOTER'S PAMPHLET
FORMAT.
Directly following the ballot measures, a complete text of the proposed
Ordinance will be shown, followed by the Town Attorney's Impartial
Analysis.
Section 9. CEOA FINDING.
The adoption of this Resolution, and placing the question to be voted
upon before the people of Tiburon, has no potential for resulting in a
physical change in the environment, either directly or ultimately, and is
therefore not a "project" as that term is used in the California
Environmental Quality Act (CEQA), and therefore the adoption of this
Resolution is exempt from the provisions of CEQA.
Section 10.
This proposition is submitted to the people of Tiburon pursuant to
Elections Code Section 22807.
PASSED AND ADOPTED at an adjourned meeting of the Town
Council of the Town of Tiburon on December 18, 1989 by the following
vote:
AYES: COUNCILMEMBERS: Coxhead, Mayberry, Logan
NOES: COUNCILMEMBERS: Duke, Shaw
ABSENT: COUNCILMEMBERS: None
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PETER B. LOG~, MAYOR
Town of Tiburon
ATTEST:
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THERESE . HENNESSY OWN CLERK
RESOLUTION NO. 2663
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING REPORT AND
SETTING HEARING OF PROTESTS
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
1. At the direction of this Council, STANLEY BALA, Town
Engineer, as Engineer of Work for improvement proceedings in Via
Capistrano Assessment District No. 1990-1, Town of Tiburon, Marin
County, California, has filed with the Town Clerk the report
described in section 10204 of the Streets and Highways Code
(Municipal Improvement Act of 1913). This Council accepts the
report without modification, for the purpose of conducting a
hearing of protests to the improvements described in the report.
2. This Council sets 7:30 P.M. on January 3, 1990, at
the Chambers of the Town Council, Room 5, Del Mar School, 105
Avenida Miraflores, Tiburon, California, as the time and place for
hearing protests to the proposed improvements.
3. The Town Clerk is directed to publish, post and mail
the notices of improvement required by the Municipal Improvement
Act of 1913, and to file an affidavit of compliance. The notice
shall be published in THE ARK.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
COxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBERRY;':VI~YOR
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Town of Tiburon " .\
ATTEST:
RESOLUTION NO. 2hh/.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
OF INTENTION TO ORDER IMPROVEMENT IN
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
This Council intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913:
The widening of Via Capistrano by 4' approximately 700'
in length with retaining walls, curbs, gutters, paving,
striping and signage, as required, for changing the
street from one-way to a two-way street, utilities, and
all appurtenances, as necessary, for a complete scheme of
improvements.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Via Capistrano Assessment District No.
1990-1, Town of Tiburon, Marin County, California." This map has
been approved by the Town Council and is now on file with the Town
Clerk. The land within the exterior boundaries shown on the map
shall be designated Via Capistrano Assessment District No. 1990-1,
Town of Tiburon, Marin County, California.
This Council intends to levy a special assessment upon
the land within the described district in accordance with the
special benefit to be received by each parcel of land,
respectively, from the improvement. There shall be omitted from
special assessment all public streets, alleys and places and all
land belonging to the united States, the State of California, the
County of Marin and this Town now in use in the performance of a
public function.
Where any disparity occurs in level or size between the
improvement and private property, this council determines that it
is in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of
adjusting the work on public property. Accordingly, work may be
done on private property for this purpose with the written consent
of the landowner.
This Council intends, pursuant to subparagraph (f) of
Section 10204 of the California Streets and Highways Code, to
provide for an annual assessment upon each of the parcels of land
in the proposed assessment district to pay various costs and
expenses incurred from time to time by the Town and not otherwise
reimbursed to the Town which result from the administration and
collection of assessment installments or from the administration or
registration of the improvement bonds and the various funds and
accounts pertaining thereto.
This Council orders that a portion of the cost of the
improvement may be paid from the Town general fund and that the
balance of the cost shall be specially assessed.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act
of 1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature twenty-four (24) years from
the second day of September next succeeding twelve (12) months from
their date.
2
The procedure for the collection of assessments and
advance retirement of bonds under the Improvement Bond Act of 1915
shall be as provided in Part 11.1, Division 10, of the streets and
Highways Code of the state of California.
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.
This Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints STANLEY BALA, Town Engineer, as
Engineer of Work for this project, and directs the preparation of
the report required by section 10204 of the streets and Highways
Code.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all claims
shall be distributed in accordance with the provisions of section
10427 of the streets and Highways Code.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBEm, VJ.eEiMAYOR
Town of Tiburon'< (, I
ATTEST:
RESOLUTION NO. 2661
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPOINTING MANAGING UNDERWRITER
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
This Council hereby appoints MARK PRESSMAN ASSOCIATES as
Managing Underwriter, to structure, coordinate, investigate and
prepare a bond statement, and to submit to this Council a proposal
to purchase all of the improvement bonds to be issued in Via
Capistrano Assessment District No. 1990-1, Town of Tiburon, Marin
County, California.
This Council makes this appointment with the understanding
that the Managing Underwriter must commit considerable time and
expense to prepare this bond issue for public offering on a fully
contingent basis and therefore, the Managing Underwriter requires
assurances that said time and expense may be recovered in the
process of underwriting the bond issue.
This Council recognizes, additionally, that the Managing
Underwriter accepts as a condition of award of sale of bonds (at the
appropriate time) full responsibility for due diligence
investigation and disclosure relative to this bond issue.
Should this Council be advised by staff and a majority of
the property owners within Via Capistrano Assessment District No.
1990-1 that the Managing Underwriter is not satisfactorily
fulfilling the above-listed responsibilities, and/or that a
satisfactory purchase proposal cannot be developed, this Council may
discontinue the services of MARK PRESSMAN ASSOCIATES as Managing
Underwriter.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBERRY, VICE.~YOR
Town of Tiburon /
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ATTEST:
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THERESE M. HENNESS~iTOWN CLERK
Resolution No. 2660
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
AGREEMENT FOR LEGAL SERVICES
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
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 Via
Capistrano Assessment District No. 1990-1, Town of Tibuorn, Marin County,
California, dated December 6, 1989, and attached ot this resolution.
The Mayor is authorized to sign the agreement and the Town Clerk
is authorized ot attest its executin.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBERi{y,-~eE~MAYOR
Town of Tiburon - <, " '
ATTEST:
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THERESE M. HENNES~r, TOWN CLERK
AGREEMENT FOR LEGAL SERVICES
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
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. Town retains Bond Counsel as special counsel to
perform the following legal services relating to Via Capistrano
Assessment District No. 1990-1, 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
Town's Clerk and other staff members concerning
the performance of legally required duties.
(c) Review of documents prepared by Town'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
Town 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
Town, after reasonable notice.
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(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 Town, 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 Town.
(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
Town, including the filing and prosecution of
foreclosure actions in Superior Court in
connection therewith.
2. The services of Bond Counsel under this agreement shall
not include the following:
(a) Legal services in connection with the
acquisition of interests in real property,
2
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
Town, shall be under separate oral or written
agreement.
3. In consideration of the services set forth in
paragraph 1, Town shall pay to Bond Counsel the following fee and
costs:
(a) The legal fee of Bond Counsel shall be a scaled
percentage of the amount assessed as set forth
in the engineer's report as finally approved
under section 10312 of the streets and Highways
Code.
(b) The legal fee shall be an amount equal to two
and one-half percent (2 1/2%) of that portion
of the amount assessed not exceeding $1
million, plus one percent (1%) of that portion
of the amount assessed exceeding $1 million,
but not exceeding $10 million, plus one-half of
one percent (1/2%) of that portion assessed
exceeding $10 million, but not exceeding $20
million, plus one-fourth of one percent (1/4%)
of all amounts assessed exceeding $20 million.
The fee shall be not less than $5,000.
(c) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs
advanced on behalf of Town
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)
3
shall be billed to the Town and shall be paid by Town directly to
the payee.
(d) Payment by Town of the legal fee is contingent
upon the levy of assessments and the sale and
delivery of improvement bonds representing
unpaid assessments in the assessment district.
If for any reason, assessments 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.
4. Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the assessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this assessment
district, and has not received a fee from any source for services
connected with the project.
DATED:
December 6, 1989
TOWN OF TIBURON, a
of the~ of Ca
By ~~.
municipal corporation
ofornia
ATTEST:
OWN CLERK
BRUNSELL & SPERRY
corpora~
By
4
RESOLUTION NO. 2659
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING BOUNDARY MAP
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
A map entitled "Proposed Boundaries of Via Capistrano
Assessment District No. 1990-1, Town of Tiburon, Marin County,
California" has been filed with the Town Clerk.
This Council approves the map and adopts the boundaries
shown on the map as describing the extent of the territory
included in a proposed assessment district to be known as Via
Capistrano Assessment District No. 1990-1, Town of Tiburon, Marin
County, California.
This Council finds that the map is in the form and contains
the matters prescribed by Section 3110 of the California Streets
and Highways Code.
This Council directs the Town Clerk to certify the adoption
of this resolution on the face of the map, and to file a copy of
the map with the County Recorder for placement in the Book of
Maps of Assessment and Community Facilities Districts.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBERRY, vic~- - OR
Town of Tiburon "~,,,,-
ATTEST:
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THERESE M. HENNES~Y, TOWN CLERK
RESOLUTION NO. 2658
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING PETITION
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
certain owners of real property have filed with the
Clerk of this body a petition, signed by them, requesting the
public improvements described in the petition, the cost to be
specially assessed against land benefiting from the improvements.
The petition contains an express waiver of statutory proceedings
under the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, as provided in Section 2804 of the
Streets and Highways Code.
The Town Council finds that all of the owners of more
than sixty percent (60%) in area of the land subject to
assessment for the proposed improvements have signed the
petition. Accordingly, the Town Council accepts the petition and
directs that special assessment proceedings shall be undertaken
by the terms of the petition, and without further compliance with
the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931. This action is final within the meaning of
Section 3012 of the Streets and Highways Code.
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PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
COxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
~ci~c~~irii{kfi~~YOR
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Town of Tiburon \ "
ATTEST:
RESOLUTION NO. 2657
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON RE-ISSUING A SEASONAL USE
PERMIT FOR A PAY PARKING LOT SYSTEM AT THE
BOARDWALK SHOPPING CENTER LOCATED AT 1550
TIBURON BOULEVARD (BELVEDERE LAND COMPANY)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section ~ Findinqs.
A. The Town Council has received and considered the Use Permit
application from Lorene Allen to operate a seasonal pay
parking system at the Boardwalk Shopping Center.
B. The Town Council finds that the Use Permit request is a re-
issuance of a permit granted by the Council in October,
1988.
C. The Town Council finds that the proposed use is consistent
with the goals and policies of the Tiburon General Plan and
Zoning Ordinance.
D. The Town Council finds that the project is categorically
exempt from CEQA under Section 15301 (Existing Facilities).
E. The Town Council has made affirmative findings consistent
with the standards required in Section 10-10(J) of the
Zoning Ordinance regarding seasonal Use Permits in the PD
zone.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED, that the Council hereby
approves the seasonal Use Permit subject to the following
conditions:
1. This seasonal use permit shall be valid for one year and
shall expire and become null and void unless extended by the
Town Council.
2. This Use Permit approves operation of a pay-parking system
at the Boardwalk Shopping Center during the months of April
through November. Charging of parking fees for vehicles not
patronizing businesses in the Boardwalk Center shall be
limited to Saturdays, Sundays, and legal holidays.
3. The number of parking spaces available for "fee parking"
shall not infringe upon spaces required by Zoning Ordinance
Section 13 to accommodate businesses in the Boardwalk which
are open during the hours in w~ich fees will be charged.
4. Any modifications to the operation of this Use Permit shall
require an amendment to this Use Permit, to be reviewed by
the Council.
5. Non-compliance with the terms of this Use Permit shall be
grounds for revocation or modifications to the Use Permit.
PASSED AND ADOPTED at a regular meting of the Town Council
held on December ~ 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke, Logan
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FRANCES MAYBERRr~VICE-~OR
Town of Tiburon , ~;
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ATTEST:
RESOLUTION NO. 2656
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING THE
CENTRO WEST STREET DRAINAGE PROJECT
WHEREAS, the Centro West Street Drainage Project was
satisfactorily completed by Ghilotti Bros., Inc. on October 7, 1989.
NOW, THEREFORE, BE IT RESOLVED that the aforementioned
project be accepted by the Town Council of the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Duke, Logan
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PETER B. LO~~, MAYOR
Town of Tiburon
ATTEST:
\1Iwh~
THERESE M. ENNESSY OWN CLERK
RESOLUTION NO. 2655
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING THE
DOWNTOWN TIBURON BLVD. IMPROVEMENTS PHASE II
WHEREAS, the Tiburon Blvd. Downtown Improvements Phase II
was satisfactorily completed by Ghilotti Brothers, Inc. on October 12,
1989.
NOW, THEREFORE, BE IT RESOLVED that the aforementioned
project be accepted by the Town Council of the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke, Logan
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PETER B. LOG~, MAYOR
Town of Tiburbn
ATTEST:
if~7J.H~WN CLERK
RESOLUTION NO. 2654
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REQUESTING THE MARIN COUNTY
BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY
CLERK TO RENDER SERVICES REGARDING THE
MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 1990
WHEREAS, the Town Council of the Town of Tiburon has ordered an
election for April 10, 1990, and
WHEREAS, pursuant to Section 22003 of the Election Code, the above
stated Governing Body may request the Board of Supervisors to permit the
County Clerk to render specified services to said Body relating to the conduct
of the election on a reimbursable basis,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon as follows:
1. That the Board of Supervisors of the County of Marin is hereby
requested to authorize the County Clerk to render the following
specified services for said Body relating to the conduct of the
election to be held on April 10, 1990:
Voter Indexes
Voter Count by Precinct
Verification of Signatures
Drayage and Rental of Polling Places
Printing of Measures and Arguments
Printing of Sample and Official Ballots
Appointment and notification of Election Officers
Mailing of Sample Ballots and Polling Place Notification
Precinct Supplies
Training of Precinct Workers
Processing of Absentee Ballots
Central Counting
Canvass of Votes Cast
2. That the Clerk of said Body be and hereby is ordered and
directed to file a copy of this resolution with the Board of
Supervisors of the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Shaw, Mayberry
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Duke, Logan
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PETER B. LOG~, MAYOR
Town of Tiburon/
ATTEST:
~j&_w.{4 ~
THERESE M. ENNESSY, T CLERK
RESOLUTION NO. 2653(a)
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON INCREASING THE TRANSIENT
OCCUPANCY TAX RATE TO TEN (10%) PERCENT
WHEREAS, Ordinance No. 275 N.S. provides for changes in the
Transient Occupancy Tax rate to be accomplished by Resolution, and
WHEREAS, the residents of the Town of Tiburon approved the June
6, 1989 ballot proposal which enables the Town Council to increase the
Transient Occupancy Tax up to ten (10%) percent, and
WHEREAS, the Town Council of the Town of Tiburon has determined
that the Transient Occupancy Tax shall be ten (10%) percent effective
January 1, 1990, and
WHEREAS, it is the Town's intention to allocate on a quarterly basis
the equivalent of one (1) per cent of the Transient Occupancy Tax to the
Tiburon Peninsula Chamber of Commerce.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby set the Transient Occupancy Tax Rate at ten
percent (10%) effective January 1, 1990.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 15, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw,
Logan
None
Duke
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
) / ;
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PETER B. LQG~, MAYOR
Town of TibutQJl
ATTEST:
~ti'H~WN CLERK
RESOLUTION NO. 2653
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ORDERING AND CALLING A
MUNICIPAL ELECTION IN THE TOWN OF TIBURON
ON APRIL 10, 1990 FOR THE PURPOSE OF
ELECTING THREE COUNCILMEMBERS
BE IT RESOLVED by the Town Council of the Town of Tiburon, that
it is hereby ordered as follows:
Section 1. Date of Election - Offices to be Filled.
A general municipal election is hereby called and ordered to be held in the
Town of Tiburon, State of California, on Tuesday, April 10, 1990, for the
purpose of electing three Town Councilmembers, the terms of the incumbents
of which are about to expire.
Section 2. Re2istration to Close March 12. 1990.
Registration for said election shall close on March 12, 1990; no persons
registered after that date will be entitled to vote at said election.
Section 3. Procurinl: and Filinl: Nomination Papers.
Nomination papers may be procured from the Town Clerk and shall be filed
with the Town Clerk no later than 5:00 P.M. of the sixty-eight day before the
election. Nomination papers may not be circulated prior to January 11, 1990
and must be filed no later than 5:00 P.M. on February 1, 1990. If an
incumbent does not file for re-election to office by February 1, 1990, 5:00
P.M., the filing period for such office is extended until February 6, 1990, 5:00
P.M., for non-incumbent candidates only.
Section 4. Town Clerk's Assistants.
The Town Clerk shall procure all supplies and employ such assistants as
may be necessary to properly and lawfully conduct said election.
Section 5. Time When PoUs Are Kept Open.
At said election the polls shall be opened at 7:00 A.M. of the day of said
election, and shall be kept open until 8:00 P.M. in the evening of the same
day, when the polls shall be closed, subject to the provisions of Section 22903
of the Election Code.
Section 6. Canvass of Ballots by Council.
The Council shall meet at its usual place of meeting on the first Tuesday
next succeeding said election to canvass the returns and install newly elected
officers.
Section 7. Publishinl: Notice of Election.
The Town Clerk shall cause to be published in a newspaper of general
circulation a Notice of Election which will include the date of election, hours
the polls open and close and the offices to be filled.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES:
NOES:
COUNCILMEMBERS: Coxhead, Shaw, Mayberry
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Duke, Logan
}{Il/\ /~)
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PETER B. LOGAN, MAYOR
Town of Tiburon'
ATTEST:
Qf1,h~~~
THERESE . ENNES , TOWN CLERK
RESOLUTION NO. 2652
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING A GENERAL
PLAN AMENDMENT APPLICATION REVIEW SCHEDULE
WHEREAS, the Town Council has determined that applications
for General Plan Amendment should be considered a maximum of two
times per year in order to provide a rational, coordinated,
easily trackable framework for making changes to the General Plan
text, diagrams, tables, and other contents; and,
WHEREAS, the Town Council has determined that the months of
March and September are suitable and appropriate for
consideration of General Plan Amendment applications; and,
WHEREAS, the Planning commission has recommended that the
Town Council adopt said schedule.
NOW, THEREFORE BE IT RESOLVED that the Town of Tiburon shall
hear applications for amendment to the General Plan during the
months of March and September, or as soon thereafter as
practical, of each year. Development applications submitted in
conjunction with applications for General Plan Amendment shall
not be heard until such time as the General Plan Amendment
application is heard.
PASSED AND ADOPTED at a regular meeting of the Town Council
held on November 15, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw,
Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Duke
ATTEST:
CLERK
RESOLUTION NO. 2651
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING WITHOUT PREJUDICE
THE APPEAL OF THE DESIGN REVIEW BOARD
DENIAL OF A SINGLE FAMILY RESIDENCE AT
16 VIA PARAISO EAST (BART SEIDLER)
WHEREAS, the Town Council of the Town of Tiburon does resolve
as follows:
section 1.
Findinqs
A. The Town Council has received and considered an appeal of the
Design Review Board (DRB) denial of a proposed single family
residence at 16 Via paraiso East, as shown on plans dated July
12, 1989 prepared by James Mallot, Architect, and submitted
October 23, 1989.
B. The Town Council has held a public hearing and considered
testimony from the appellants and the public and reviewed all
materials associated with the appeal.
C. The Town Council finds that:
1. The proposal is visually too massive on the western
elevation, and incongruent for this highly visible site.
It does not follow the Town adopted Hillside Guidelines
in that:
a. The introduction of this design on this lot
overwhelms the site particularly as viewed from
the western elevation.
b. The proposal does not minimize the effective
visual bulk of the structure as viewed from
adjacent properties and Tiburon Blvd. (Goal 1,
Principles 2 & 3, Hillside Guidelines).
2. The building is not designed to avoid visual prominence
(Goal 2, Principle 11, Hillside Guidelines) due to the
massive appearance and height of the western elevation
as viewed from the surrounding areas.
3. The developer's drawings of the proposal were not clear
enough to be properly evaluated by the Design Review
Board (DRB) or the Town Council.
section 2.
Denial
THEREFORE, BE IT RESOLVED that the Town Council hereby
denies without prejudice the appeal of the Design Review Board
decision to deny plans dated July 12, 1989 for 16 Via pariaso
East.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 15. 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry, Shaw,
Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
MAYOR
ATTEST:
RESOLUTION NO. 2650
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON EXPRESSING APPRECIATION TO
TOWN ATTORNEY GARY T. RAGGHIANTI
WHEREAS, Gary T. Ragghianti was appointed Deputy Town Attorney
in December 1977 and Town Attorney in May 1985, and
WHEREAS, Gary T. Ragghianti has very efficiently and effectively
represented the Town of Tiburon in its various litigation issues, and
WHEREAS, Gary T. Ragghianti's legal expertise has provided the
Town of Tiburon with invaluable legal assistance in regard to numerous Tree
Complaints, Appeals, Master Plans, Development Agreements, Ordinances,
Zoning Amendments and Elections, and
WHEREAS, Gary T. Ragghianti has resigned his position as Tiburon
Town Attorney in order to pursue his personal goals,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby express its sincere appreciation and that of the
Tiburon community to Gary T. Ragghianti for his years of dedicated
professional service, and
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon also expresses the gratitude of both present and former Town
Officials and Staff to Gary T. Ragghianti for his personal courtesy, kindness,
cooperation and morbid sense of humor.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 15, 1989 by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Duke, Mayberry,
Shaw, Logan
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
ATTEST:
~~
TERESE M. HENNESSY, WN CLERK
RESOLUTION NO. 2648
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING
AN UPDATED PARKS AND RECREATION
ELEMENT OF THE GENERAL PLAN
WHEREAS, the Town's Park and Open Space Commission has extensively reviewed
the draft Parks and Recreation Element update and has forwarded its recommendations
to the Planning Commission; and
WHEREAS, the Planning Commission has held duly noticed public hearings on July
26, 1989 and October 11, 1989, to hear and consider testimony on an updated Parks and
Recreation Element of the General Plan, and the Town Council has held a duly noticed
public hearing on November 1, 1989, to hear and consider all testimony on an updated
Parks and Recreation Element of the General Plan; and
WHEREAS, the Final Environmental Impact Report for the Tiburon General Plan
Update included analysis of a draft Parks and Recreation Element update and has been
certified by Resolution No. 2632 of the Town Council, adopted September 28, 1989; and
WHEREAS, the Parks and Recreation Element of the General Plan is an optional
element adopted at the discretion of the Town of Tiburon;
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby adopts the
updated Parks and Recreation Element (draft dated 10/12/89) of the General Plan.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 1. 1989, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry, Logan
None
Shaw
, MAYOR
ATTEST:
\J~~~CLERK
TIBURON GENERAL PLAN
PARKS AND RECREATION ELEMENT
INTRODUCTION AND INTENT
The Parks and Recreation Element is an optional General Plan
Element adopted at the discretion of the local agency. The
purposes of this Parks and Recreation Element are to ensure
that future needs for recreational land and facilities in the
Tiburon Planning Area are met and that existing recreational
opportunities are maintained and enhanced as appropriate.
Discussion in this element is limited to active recreational
facilities only. Passive recreation is considered a
characteristic of open space, which is addressed in the Open
Space & Conservation Element. Recreation programs are
addressed and administered by the Belvedere-Tiburon Parks and
Recreation Committee, a jointly authorized body comprised of
representatives from the Town of Tiburon and the City of
Belvedere. In this element, the Town distinguishes between
parks and open space. The Town notes that while lands
acquired with Open Space Bond funds may not be developed as
organized parks without voter approval, these lands can
provide valuable informal recreation areas.
DEFINITIONS
Parks
Parks are lands zoned and/or dedicated and developed for
recreational use. Open spaces with hiking trails are not
considered parks in this Element.
Recreation
The concept of recreation is changing and flexible. For this
Element, recreation is generally defined as the participation
in sports or other recreational activities for the purpose of
mental and physical stimulation. Recreation facilities as
discussed will generally include, but not be limited to, the
types of facilities which provide for activities listed in
Table A of the Parks and Recreation Element Appendix. It is
acknowledged that some Tiburon residents prefer different
recreational activities than those listed; it is not the
intent of this Element to discourage such activities.
Adopted 11/01/89
PARKS & RECREATION ELEMENT
PAGE 1
GOALS
PR-A.
PR-B.
TIBURON GENERAL PLAN
To provide sufficient land and facilities for a
balanced system of parks and recreation in the
Tiburon Planning Area.
To anticipate population growth and provide adequate
lands to be set aside to meet future parks and
recreation needs of the Tiburon Planning Area.
PR-1.
GENERAL POLICIES
PR-2.
PR-3.
PR-4.
PR-5.
PR-6.
PR-7.
PR-8.
PR-9.
Sufficient park land and recreational facilities
shall be maintained over time. The current ratio
of 3.8 acres of parkland per 1,000 persons should
be considered the minimum ratio to be maintained for
publicly-owned parklands as the Town's population
increases. To the maximum extent feasible, a ratio
of 5.0 acres of parkland per 1,000 persons is a
goal. (See Parks & Recreation Standards section
below. )
The Town of Tiburon should continue to require new
parkland dedication and/or collection of in-lieu
fees during the development review process.
The Town should continue to use park funds and any
future in-lieu fees for improvement of existing and
future parks and for parkland acquisition purposes.
The Town should pursue federal, state, county, and
other funds to assist in the maintenance,
improvement, acquisition, and development of
existing and/or future park facilities.
The Town should complete the phased development of
the Richardson Bay Lineal Park.
Additional waterfront access, especially in areas
where none currently exists, shall be encouraged.
Well-managed neighborhood parks shall be encouraged.
The Town should require pUbliCly-accessible off-road
connecting trails between recreation areas
(developed, developable, and open space) and
neighborhood areas.
All park acquisition and development should be
reviewed by the Parks & Open Space Commission for
conformance with this Element.
Adopted 11/01/89
PARKS & RECREATION ELEMENT
PAGE 2
TIBURON GENERAL PLAN
RECREATION PROGRAMMING POLICIES
PR-10.
PR-11.
PR-12.
PR-13.
Recreation programming should serve the needs,
interests, and desires of the community as a whole,
and should be responsive to trends and fashions in
recreation.
Recreation programs should be offered on a year-
round basis.
Recreation programs should provide a majority of
activities which are within the financial ability
of the citizenry.
Recreation programming is the function of the
Belvedere/Tiburon Joint Recreation Committee.
DOWNTOWN RECREATION POLICIES
PR-14.
PR-15.
Existing waterfront recreation opportunities shall
be maintained and may be enhanced, for example, by
the provision of port-of-call facilities.
Public convenience facilities such as restrooms,
bicycle racks, drinking fountains, and trash
receptacles are encouraged and may be provided by
the State of California, the Town of Tiburon, and/or
the business community.
ANGEL ISLAND POLICIES
PR-16.
PR-17.
PR-18.
Adopted 11/01/89
visitation to Angel Island through the Town of
Tiburon should be monitored by the state of
California on a daily basis. The Town should
request that the state Department of Parks and
Recreation provide the Town with monthly reports of
visitation.
Any increase over the highest recorded number of
annual visitors to Angel Island (200,100 in 1976-
77) or monthly visitors (38,622 in July, 1983) shall
prompt consideration by the Town of a petition to
the State Department of Parks and Recreation for
access limits to Angel Island from Tiburon.
provisions for Angel Island visitation from Tiburon
are currently sufficient and should not be
increased. Ferry access to Angel Island from San
Francisco, Sausalito, and elsewhere should allow
disembarkation of passengers in Tiburon as long as
new passengers are not allowed to embark in Tiburon.
Departing ferries from Angel Island that do not
terminate in Tiburon should not be permitted to stop
in Tiburon except in emergencies. The intent of
this policy is to discourage ferry riders from
driving into Tiburon and parking.
PARKS & RECREATION ELEMENT
PAGE 3
PROGRAMS
PR-a.
PR-b.
PR-c.
PR-d.
PR-e.
TIBURON GENERAL PLAN
The Parks and Open Space Commission shall consider
the long and short term need for additional
parklands, sporting facilities, picnic facilities,
play areas, open spaces, and recreational parking
facilities on a community-wide basis.
The Town's Subdivision Ordinance shall be revised
to include Quimby Act provisions for parkland
exaction and collection of in-lieu fees.
The Town should set a high priority on obtaining
funding for and completion of the Richardson Bay
Lineal Park. Blackie's Pasture is the last large
undeveloped portion of this Park. The Town should
set aside a fixed sum annually to be used toward
completion of this facility.
The Parks and Open Space Commission shall monitor
visitor patronage of Angel Island to ensure that
Town policies regarding Angel Island are enforced.
The Town Staff, Planning Commission, and Town
Council shall examine every development application
for the existence of easements that connect or
continue to allow public access to recreation and
open space areas; Town Staff shall monitor
construction with a view toward the maintenance of
those easements.
FACILITIES INVENTORY
Recreational facilities in the Tiburon Planning Area are
listed in Table B of the Parks & Recreation Appendix. They
are broken down by location and type. Public facilities are
mapped on Diagram PR-1.
PARKS AND RECREATION STANDARDS
Many communities use standards to determine the need for
recreational facilities. The minimum standard set by the
National Recreation and Park Association is 2.5 acres of park
land 'per 1,000 persons. The maximum standard set by
California Government Code, Section 66477 (b) is 5 acres of
park land per 1,000 persons. The Tiburon Planning Area has
approximately 3.8 acres of park land per 1,000 persons, as
shown in the following chart.
Adopted 11/01/89
PARKS & RECREATION ELEMENT
PAGE 4
TIBURON GENERAL PLAN
Acres*
Acres/1.000
Population**
Town of Tiburon
Downtown Shoreline Park
Belveron Mini-Park
Richardson Bay Lineal Park
County of Marin
Paradise Beach County Park
Total
8.9
2.2
35.8
0.6
0.1
2.3
11.9 0.8
58.8 3.8 acres per
1,000 persons
* Single-purpose public recreation areas (e.g., tennis courts,
boat launching areas, etc.) are not listed.
** Assuming 1986 population of 15,650.
ANGEL ISLAND STATE PARK
The Town of Tiburon contains 726 acres of the 740-acre Angel
Island State Park. The Park is owned and managed by the State
of California. This facility serves the State of California
Planning District 4, which includes all of the Bay Area.
visitation to Angel Island has decreased in the past few
years, but is considered to be steady (neither growing nor
decreasing) over the long term.
Year
1985-1986
1984-1985
1983-1984
1982-1983
1981-1982
1980-1981
1979-1980
1978-1979
1977-1978
1976-1977
1975-1976
1974-1975
1973-1974
1972-1973
Approximate
Number
of visitors
170,000
171,255
196,072
174,186
169,420
191,498
184,181
184,860
180,160
200,100
186,800
184,800
186,100
145,800
Source: California Department of Parks and Recreation,
3/13/87. Approximately 25% of these visitors travel to Angel
Island via ferry from Tiburon, 45% via ferry from San
Francisco, and 30% via private boat from several Bay Area
ports.
The State plans to increase improvements to Angel Island to
better accommodate future visitors. If maximum park capacity
were reached, approximately 398,000 visitors could be
accommodated, which would almost double the peak attendance
in Year 1976 to 1977. However, there is no expectation that
these peak numbers will ever be reached or, for that matter,
that attendance will grow much beyond current levels.
Adopted 11/01/89
PARKS & RECREATION ELEMENT
PAGE 5
TIBURON GENERAL PLAN
Because Angel Island state Park is almost totally located in
the Town, and because a significant percentage of visitors
access Angel Island from Tiburon, the Town is vitally
concerned with expansion plans for Angel Island. While the
Town wants to cooperate with the state Department of Parks and
Recreation in improving Angel Island as a regional park, the
Town of Tiburon is opposed to future significant increases in
access to Angel Island state Park from Tiburon due to
inadequate parking facilities, traffic congestion, and
marginal Levels of Service at Tiburon Boulevard intersections.
Adopted 11/01/89
PARKS & RECREATION ELEMENT
PAGE 6
Ar
PARKS AND RECREATION ELEMENT APPENDIX
TABLE A
1987 Gallup Poll of Recreation
Preferences in the United States
Percent
Participating
(1 or more
times during the
previous 12
months)
Top Sports
Activities
Estimated
Number of
Participants
Swimming
Bicycling
Fishing
Jogging, Running
Pool, Billiards
Camping
Hiking
Bowling
Softball
Weight Training (net)*
Calisthenics
Volleyball
Basketball
Bicycle touring, Racing
Motorboating
Aerobics, Dancercise
Baseball
Weight Lifting
Table Tennis
Body Building
Hunting
Frisbee
Golf
Tennis
Canoeing, Rowing
Target Shooting
Roller Skating
43%
35%
33%
28%
26%
25%
25%
22%
22%
21%
20%
20%
19%
18%
18%
16%
16%
16%
15%
14%
14%
13%
12%
12%
11%
11%
10%
75,000,000
60,000,000
56,000,000
49,000,000
44,000,000
44,000,000
44,000,000
39,000,000
39,000,000
37,000,000
35,000,000
34,000,000
34,000,000
31,000,000
31,000,000
28,000,000
28,000,000
28,000,000
26,000,000
24,000,000
24,000,000
22,000,000
21,000,000
21,000,000
19,000,000
19,000,000
17,000,000
· "Weight Training (net)" activities are those under-
taken strictly for weight reduction outside of calis-
thenics, aerobics, etc.
Source: Gallup Poll, taken July 11 to 14, and October 24 to
27, 1986, based on personal interviews with 3,098 adults in
more than 300 areas across the nation.
, Note: There are many forms or recreation which do not ap-
pear on this list, but which are common in the Tiburon Plan-
ning Area, such as soccer, sailing or windsurfing.
'-
PR-i
'-
PARKS AND RECREATION ELEMENT APPENDIX
~
TABLE B
Facilities Inventory, ,
Public Recreational Facilities
Name & Location
Of Facility, By O\vner Eqn ipmen t/Facil i ties Type of Parking
Town of Tihuron
"
Downtown Shoreline Park, Donahue Building Off-street, depends upon on-street
Paradise Drive between irrigation system par king
Mar West and Tiburon landscape lighting Bike racks
Boulevard benches
trash cans
Harbor Park Tidelands, Red & White Fleet dock None
Elephant Rock to Angel Island dock
Corinthian Yacht Club Sam's dock (12 public moorings)
Elephant Rock Fishing fIshing pier Depends upon on-street parking
Pier, and small public parking lot
Paradise ,Drive
Belveron Mini-Park, 2 benches Informal off-street parking at
Jefferson Drive, Trestle 1 water fountain Blackie's Pature
Glen Boulevard and Tiburon 2 jungle gyms
Boulevard
Richardson Bay Lineal Park, benches Informal off-street parking at
Greenwood Beach Road to drinking fountains Blackie's Pasture (150 formal
San Rafael Avenue, along sprinkler system spaces plus 75 overflow spaces
Richardson Bay (incomplete multi-use path are planned)
construction) playground
soccer field
Point Tiburon 2 tennis courts Off-street parking
1920 Paradise Drive
Strawberry Recreation
Difltnct
Strawberry Recreation Center, swimming pool Off-street, depends upon on-street
118 E. Strawberry Drive wading pool par king
4 tennis courts Bike racks
playground
soccer/softball fields
auditorium/gym
meeting rooms
Strawberry Cove Park fitness court Depends upon on-street parking
Seminary Drive at Ricardo Rd. Richardson Bay paths
Harbor Cove Dock hand-launch boat ramp Depends upon on-street parking
Harbor Cove Way off
E. Strawberry Drive
Brickyard Park water-side park Depends upon on-street parking
Seminary & Great playground
Circle Drives
PR-ii
~"
County of Marin
Paradise Beach Park picnic facilities Off-street, depends upon on-street
Paradise Drive barbeque pits parking
lawn area
fIshing pier
lOO-yard sand beach
State of California
., .,
Angel Island Access by boat only. Ferry riders
from Tiburon currently use
Ayala Cove Formal Picnic Area with: temporary (Mar West) parking
picnic tables lot and on-street parking in
barbeque pits DOMltoMl Tiburon and
lOO-yard beach surrounding neighborhoods.
volley ball court
snack bar
toilet facilities
5 more picnic sites planned
Boating Area with: ' .
dock spaces
buoys
toilet facilities
shower facilities
ferry dock
ferry ticket sales
West Garrison tours of buildings
lawn area
picnic tables
Immigration Area museum
tours
North Garrison lawn area
picnic tables
tours
new group camp (planned)
East Garrison baseball field
lawn area
picnic areas
barbeque pits
cha pel
3OO-yard beach
buoys for boats
tours
new pier (for Larkspur Ferry)
new water system (planned)
Natural Areas trails for hiking
trails for bicycles
tables
loo-yard beach
'--
PR-iii
~,
Private Recreational Facilities
Name & Location
Of Facility, By O\vner EquipmentlFacilities Type of Parking
Recreation Cluhf:;
Tiburon Yacht Club, 150 boat slips Off-street parking
Paradise Cay (159 more are planned)
boat launch
clubhouse
public park (planned)
Corinthian Yacht Club, 85 boat slips Off-street parking
Main Street dining room
ballroom
dry dock
Belvedere Tennis Club, 7 tennis courts Off-street parking
700 Tiburon Boulevard clubhouse ..
snack bar
swimming pool
locker rooms
Harbor Point Racquet 7 tennis courts Off-street parking
& Beach Club, swimming pool
475 East Strawberry Drive jacuzzi
exercise room
bay access
dining room
social area
sauna
Tiburon Peninsula Club, 10 tennis courts Off-street parking, but depends
1600 Mar West 2 swimming pools upon on-street parking
1 wading pool
playground
basketball hoop
volleyball court
clubhouse
social room
snack bar
locker rooms
Ref:;idential F acilitie'i
Tiburon View Apartments, swimming pool Off-street parking, but depends
25A Circle Drive recreation room upon on-street parking
Tiburon Hill Apartments, 2 swimming pools Off-street parking, but depends
25 Andrew Drive recreation & social room upon on-street parking
playground
aL
PR-iv
~
Chateau Chillon Apartments, swimming pool Off-street parking, but de.pends
10 Ivfilland Drive game room upon on-street parking
sauna
weight room
Strawberry Shores Apartments, swimming pool Off-street parking, but depends
111 Seminary Drive recreation & social room upon on-street parking
sauna
pool tables
Point Tiburon 2 swimming pools Off-street parking
1920 Paradise Drive
The Cove Apartments 3 swimming pools
50 Barbaree Way boat docks Off-street parking
saunas
/ volleyball court
weight room
Laguna Vista swimming pool Off-street parking
2D Davis Drive sauna Bike racks
Vista Belvedere swimming pool Off-street parking, but depends
75 B Red Hill Circle sauna upon on-street parking
The Hilarita playground Off-street parking
100 Neds Way
School,,] Puhlic
Reed School, 4 tire swings Off-street parking
1199 Tiburon Blvd. 2 jungle gyms Bike racks
2 parallel bars
1 slide
13 picnic benches
4 backboards
Bel Aire School, 6 swings Off-street parking
2n Karen Way 1 slide Fenced bike racks
1 parallel bars
6 basketball hoops
8 tether balls
20 picnic tables
3 jungle gyms
1 backboard
1 baseball!soccer field
Del Mar School, 6 basketball hoops
105 A venida Miraflores 2 tennis courts. Off-street parking, but depends
14 picnic benches upon on-street parking
3 baseball!soccer fields
Strawberry Point School, 2 tire swings Off-street parking
117 East Strawberry Drive 5 gym sets
1 playing field
16 picnic tables
· Administered by the Belvedere -.
Tiburon Joint Recreation Committee
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Schools, Private
Strawberry Pre-School & 1 tire swing Off-street parking
Strawberry Pre-Kindergarten, 1 rope swing
240 Tiburon Blvd. 1 slide
1 climber
FYT Nursery Schoo~ 1 portable gym Off-street parking, but depends
1046 Redwood Highway 2 swings upon on-street parking
1 slide
1 play structure
Golden Gate Baptist 1 playing field Off-street parking, but depends
Theological Seminary, 3 picnic tables upon on-street parking
Seminary Drive 1 barbeque grill
St. Hilary's Schoo~ 1 slide Off-street parking
765 Hilary Drive 2 gym bars
4 basketball hoops
1 lawn area
Southern Marin Day School, 1 climbing structure Off-street parking
445 Greenwood Beach Road 1 sand box
1 lawn area
Hawthorne Nursery Schoo~ 2 tire swings Off-street parking, but depends
145 Rock Hill Drive 1 slide upon on-street parking
1 jungle gym
1 see-saw
1 sand area
Little Lambs Nursery School, 1 slide Off-street parking
9 Shepherds Way 1 gym
1 play structure
1 sand box
1 basketball hoop
Childrens Circle Center, 6 swings Off-street parking
215 BIackfieId Drive 1 slide Bike rack
1 sand area
1 lawn area
3 picnic benches
Belvedere- Tiburon Child 1 swing Off-street parking
Care Center 1 slide
Tiburon Boulevard 1 sand area
-
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DIAGRAM PR-1
PARKS AND
RECREA liON
AREAS
SA N FRANCISCO
BAY
\
tl
PUBLIC PARKS
Elephant Rock Fishing Pier ,
Harbor Park Tidelands 2
Harbor Cove Dock 3
Brickyard Park 4
Strawberry Cove Park 5
Downtown Shoreline Park ~
Richardson Bay Lineal Park r~%/<~'l
Belveron Mini-Park ~
Strawberry Recreation Center 1~"~%11
Strawberry Cove Park CII:J
Paradise Beach Park ~
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N
.
o BOO 1600 3200
I I I I
SCALE IN FEET
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CJO
CJ
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PUBLIC SCHOOLS
Reed School U
Bel Aire School ~
Del Mar School . ~
Strawberry Point School ~
ANGEL ISLAND STATE PARK
Ayala Cove Q]
West Garrison 0
Immigration Area 0
North Garrison 8]
East Garrison III
Natural Areas [I]
ORIGINAL ADOPTED
Date
Revised Res.'
By
RESOLUTION NO. 2647
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ABATING A PUBLIC NUISANCE
AT 16 PLACE MOULIN (ERVES)
WHEREAS, pursuant to Section 38773 of the California Government
Code and Chapter 24 of the Tiburon Town Code, the Town is authorized to
abate a public nuisance; and
WHEREAS, pursuant to Section 24-3 of the Tiburon Town Code, the
Town Council of the Town of Tiburon, believing a public nuisance to exist at
16 Place Moulin in the form of a hazardous, substantially destroyed building,
ordered the owner of said property to appear before the Town Council and
show cause why said building should not be declared a public nuisance and
removed or abated; and
WHEREAS, the Town Council has held a public hearing on November
1, 1989, concerning said building, at which the property owner or
representative had the opportunity to be heard; and
WHEREAS, after public hearing and consideration of all the evidence,
the Town Council finds that said building is a dangerous public nuisance
and that abatement thereof is necessary to the public health, safety and
welfare of the residents of the Town of Tiburon.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the
Town of Tiburon as follows:
1. The Town Council hereby directs and authorizes the Town
Manager and Town Attorney to take any action necessary,
including any legal action, to abate the public nuisance by
removing the structure at 16 Place Moulin.
2. All costs of such abatement shall be assessed upon the property
at 16 Place Moulin, and shall constitute a lien upon said
property until paid.
PASSED AND ADOPTED at a regular meeting of the Town Council
on November 1. 1989 by the following vote:
AYES: COUNCILMEMBERS:
Logan
Coxhead, Duke, Mayberry,
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw
, MAYOR
ATTEST:
J~1~4 ~~L~
THERESE M. HENNESS , TOWN CLERK
RESOLUTION NO. 2646
RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONGRATULATING
ROBERT L. KLEINERT
AS BELVEDERE/TIBURON CHAMBER OF
COMMERCE CITIZEN OF THE YEAR 1989
WHEREAS, Robert L. Kleinert was employed by the City of Tiburon in January
1970 as Assistant City Manager and promoted to City/Town Manager in November 1973,
and
WHEREAS, Robert L. Kleinert's leadership has earned the respect and admiration
of the Tiburon community over the past twenty years, and
WHEREAS, Robert L. Kleinert has survived the public hearings and endless
meetings regarding The Hilarita; the proposal to realign Tiburon Boulevard through
Blackie's Pasture; the Southern Pacific/Point Tiburon development; annexations;
moratoriums; open space acquisitions and 16 Council elections; and
WHEREAS, Robert L. Kleinert mediates neighborhood disputes with Solomon's
wisdom; is a capable administrator and handles himself with honesty, dignity, and integrity
and
WHEREAS, Robert L. Kleinert is a devoted husband to Trudy and father to Kirk,
Candy and Jason; an active member of the Presbyterian Church and recognized as a
consummate poker player,
NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby express
the gratitude of present and former Town Officials, Staff and residents of Tiburon, to
Robert L. Kleinert for his many years of dedicated service to the Tiburon community.
BE IT FURTHER RESOLVED that the Town Council does publicly recognize and
congratulate Robert L. Kleinert upon being named by the Belvedere/Tiburon Chamber of
Commerce as 1989 Citizen of the Year and designates November 8, 1989 as
Robert L. Kleinert Day in Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 1, 1989 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry, Logan
None
Shaw
ATTEST:
~J~ 11:. ~I.~~
SE . HENNESSY, WN CLERK
RESOLUTION NO. ~
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON SUPPORTING THE
"DESIGNATED DRIVER" PROGRAM IN MARIN COUNTY
WHEREAS, alcohol related accidents are one of the leading causes of
traffic fatalities, and
WHEREAS, the traditional holiday season festivities encourage the
consumption of alcohol by partygoers, and
WHEREAS, the "Designated Driver Program" is a proven program in
reducing the number of people who drive after the consumption of an
alcoholic beverage, and
WHEREAS, the participation of individual proprietors and their
employees will instill upon its patrons a permanent idea and alternative to
drinking and driving.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby support the "Designated Driver Program" in
Marin County.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 1, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry,
Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Shaw
ATTEST:
~WNCLERK
RESOLUTION NO. 2643
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CLARIFYING ITS
PREVIOUS POLICY WITH RESPECT TO WATER WELLS
The Tiburon Town Council hereby finds and resolves
as follows:
section 1. Findinqs.
1. The Town Council finds that it is in the
best
interest of its residents, both existing and future, to
allow the use of wells or other private source water only
for non-domestic use, and to prohibit the use of water
wells for potable, domestic water purposes.
2. The Town Council finds that use of water
wells for irrigation and other non-domestic purposes is
a useful water conservation measure which should be
encouraged.
3. The Town Council finds that any and all
requests for establishment of water wells for non-
domestic purposes should be reviewed by the Marin
Municipal Water District for conformity with its
regulations.
section 2. Adoption.
NOW THEREFORE, BE IT RESOLVED that the
following water well policies are established for all
properties within the municipal boundaries of the Town
of Tiburon:
1. The Town shall not allow establishment of
water wells for domestic or potable water purposes for
any residential use. Connection to the Marin Municipal
Water District lines shall be required as the primary
water source for all residential uses prior to issuance
of building permits for that use.
2 . The Town Council may allow the
establishment of water wells for secondary, non-domestic
uses such as irrigation; provided that the well has been
reviewed and deemed acceptable by the Marin Municipal
Water District according to applicable District
standards. A letter from the Water District attesting
to the review shall be required.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 1. 1989, by
the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry,
Logan
None
Shaw
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST:
CLERK
RESOLUTION NO. 2642
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING THE APPEAL OF THE
DECISION OF THE BOARD OF ADJUSTMENTS AND
REVIEW REGARDING THE PROPOSED CONSTRUCTION
OF THREE SINGLE FAMILY RESIDENCES AT
1860 CENTRO WEST (DAVID WILLIAMS)
WHEREAS, the Town Council of the Town of Tiburon does resolve
as follows:
section 1.
Findinqs
A. The Town Council has received and considered an appeal of the
Board of Adjustments and Review (BAR) denial of a proposed
single family residence at 1860 Centro West.
B. The Town Council has held a public hearing and considered
testimony from the appellants and the public and reviewed all
materials associated with the appeal.
C. The Town Council finds that:
1. The proposal is inconsistent with section 10-6 (R-2 zone)
of the Tiburon Zoning Ordinance in that a maximum of two
attached units (one duplex) per lot is allowed in that
zone, whereas the proposal consists of three (3) single
family detached units on a single lot.
2. The findings required by Section 17 of the Tiburon
Zoning Ordinance for the requested front yard variance
cannot be made; and the project could be scaled down and
redesigned to eliminate the need for the variances by
deleting units in accordance with the R-2 zone
requirements.
3. The proposal is too massive, too high, and entirely
incongruent for this particular site. It does not follow
the Town adopted Hillside Guidelines in that:
a. The introduction of three units on this lot
overwhelms the site by increasing the lot coverage
from 1,611 square feet (existing duplex) to 10,230
square feet (three new units) yielding a 34.22% lot
coverage.
b. The proposal does not locate new structures for
minimum interference (Goal 3, Principle 1, Hillside
Guidelines).
RESOLUTION NO. 2641
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CONFIRMING THE APPOINTMENT
OF HARRY MATTHEWS AS TOWN TREASURER
WHEREAS, the Office of Town Treasurer is vacant by reason of the
recent resignation of John Harrington, and
WHEREAS, Harry Matthews has been nominated for the position of
Treasurer of the Town of Tiburon, and
WHEREAS, Harry Matthews appears to this Council to be qualified
in all respects to serve as Treasurer of the Town of Tiburon.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby accept the resignation of John Harrington as
Treasurer of the Town of Tiburon and hereby confirms and approves the
appointment of Harry Matthews as Treasurer of the Town of Tiburon,
effective September 6, 1989.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 1, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry,
Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Shaw
ATTEST:
RESOLUTION NO. 2640
A RESOLUTION OF INTENTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON TO APPROVE
AN AMENDMENT TO CONTRACT BE1WEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE TOWN COUNCIL OF
THE TOWN OF TIBURON
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may
elect to subject themselves and their employees to amendments to said law, and
WHEREAS, one of the steps in the procedure to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of its intention to
approve an amendment to said contract, which resolution shall contain a summary of the
change proposed in said contract, and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20024.2 (One-Year Final Compensation) for
local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby give notice of intention to approve an amendment to the contract
between the said governing body and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and
by this reference made a part hereof.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on October 18, 1989 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Coxhead, Duke, Mayberry, Shaw, Logan
COUNCILMEMBERS: None
COUNCILMEMBERS: None
, MAYOR
ATTEST:
~~'~L~
HERESE M. ENNESSY, T CLERK
* * * COP Y * * *
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
EMPLOYEES' RETIREMENT SYSTEM
AND THE
TOWN COUNCIL
OF THE
TOWN OF TIBURON
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective February 1, 1967, and witnessed February 8, 1967, and as amended
effective June 30, 1972, October 16, 1973 and July 15, 1985, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows: '
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective July 15, 1985, and hereby replaced by the following paragraphs
numbered 1 through Ii inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement, Law shall have the meaning as defined therein
unless othe~wise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members and age 55 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after February 1, 1967 making its employees as
hereinafter provided, members of said System subject to all provisions
of the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
3. Employees of Public Agency in the following classes shall ,become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Police Officers {herein referred to as local safety
members);
b. Employees other than local safety members (herein referred to as
local miscellaneous members).
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4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not'
become members of said Retirement System:
a. PERSONS COMPENSATED ON AN HOURLY BASIS; AND
b. FIRE FIGHTERS.
5.
The fraction of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2% at age 60 Full).
The fraction of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21252.6 of said Retirement Law
(2% at age 55 Full).
7.
The following additional provIsIons of the Public Employees'
Retirement taw, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section
21382.2 (Increased 1959 Survivor, Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
b,. Sect'ion 21367.53, ($600 Retired Death Benefit) for local
miscel~aneous members only. ,
c. Section 20024.2 (One-Year Final Compensation) for local
miscellaneous members.
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes nf Section 207~9 effective on
July 15, 1985. Accumulated'contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
9. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 7.225 percent until June 30, 2000 on account' of the
liability for current service benefits. (Subject to annual
change.)
b., With respect to local safety members, the agenci shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 12.313 percent until June 30; 2000 on account of the
liability for current 'service benefits. (Subject to annual
change.)
* * * COP Y * * *
c. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation an~ valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public'Agency, and costs of
the periodic investigation and valuations required by law.
10. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
ll~ Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, ..proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any
employee may be made ~y direct payments between the employee and the
Board.
B. This amendment shall be eff~tive on
,,'~19 .
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BOARD OF ADMINISTRATION ~~
PUBLIC EMPLOYEES' RETIREM~ SYSTEM
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the day of
BY
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CHIEF, CON~~~T SERVICES DIVISION
PUBLIC ~bYEES' RETIREMENT SYSTEM
<-.~ ,\J'"
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TOWN COUNCIL
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TOWN OFTIBURON .~~
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PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
RESOLUTION NO. 2639
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ORDERING SALE OF REFUNDING BONDS
CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING 1989-1
The Town Council of the Town of Tiburon resolves:
The Town Council accepts the offer of Mark Pressman
Associates attached to this resolution and upon final approval of
the Town Manager, the Director of Finance and Special Bond Counsel)
to purchase all of the refunding bonds to be issued in cibrian
Drive/La Cresta Assessment District Refunding 1989-1, Town of
Tiburon, Marin County, California.
The Town Council directs the sale and delivery of the
refunding bonds to the offeror in accordance with the terms and
conditions stated in the offer.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 18, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: Coxhead, Mayberry, Shaw,
Duke and Logan
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
/'
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J '- l(, \ I ,,-<) ,,"' ,j; "-\,',_,
PETER B. LpQ'AN, MAYOR
Town of TibUron
ATTEST:
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
-------------
-------------
TOTAL: 840,000.00
[){~~'II BIT 1-\
MARK PRESSMAN ASSOCIATES
Investment Banking
250 Montgomery Street, Suite 1200
San Francisco, CA 94104
FAX: (415) 421-0755
(415) 421-7300
.
October 20, 1989
The Honorable Town Council
Town of Tiburon
Tiburon, California
Re: Cibrian Drive/La Cresta Assessment District Refunding 1989-1,
Series No. 1989-1
Dear Members of the Council:
Mark Pressman Associates (MPA), as managing underwriter (the "Underwriter") of the above
referenced issue, hereby offers to purchase all, but not less than all, bonds to be offered by the
Town of Tiburon (the "Town") pursuant to the provisions of the Refunding Act of 1984 for 1915
Improvement Act Bonds, Division 11.5 of the California Streets and Highways Code (the "Act")
to represent the cost of refunding bonds in the Cibrian DrivelLa Cresta Assessment District
Refunding 1989-1, Series No. 1989-1.
We make this offer under the following terms and conditions:
Amount of Bonds:
$840,000.00
Form of Bonds:
Registered bonds to be issued serially. Bond denominations of
$5,000 or any integral multiple thereof.
Interest Rates:
1991 6.60% 1998 7.40%
1992 6.70% 1999 7.50%
1993 6.80% 2000 7.60%
1994 6.90% 2001 7.70%
1995 7.00% 2002 7.75%
1996 7.15% 2003 7.75%
1997 7.30%
Price:
98.00% of par value plus accrued interest.
13 years.
7.727306%
Term:
Net Interest Cost:
Town Council
Town of Tiburon
October 20, 1989
Page Two
First Interest Payment
and Approximate
Maturity Schedule:
Date of Bonds and
Delivery Date:
Foreclosure Clause:
Reserve Fund:
Redemption Premium:
Paying Agent and Registrar:
No Litigation:
Legal Opinion:
The first interest payment on the Bonds shall be March 2, 1991,
with principal payments commencing September 2, 1991, and
annually thereafter as specified below:
1991
1992
1993
1994
1995
1996
1997
60,000.00
45,000.00
45,000.00
50,000.00
55,000.00
55,000.00
60,000.00
1998
1999
2000
2001
2002
2003
65,000.00
65,000.00
75,000.00
80,000.00
90,000.00
95,000.00
October 24, 1989.
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.
The Town shall establish a reserve fund in the amount of
five percent (5%) of the bond par value. In our view, it is
reasonably required for this issue, and vital to the marketing
of the Bonds, that proceeds from the investment of monies
in said reserve fund should be retained in said fund until the
amount in said fund reaches the maximum allowed by law
and earnings above that amount will be credited to the
Redemption Fund to be applied to debt service.
3% of unmatured principal.
Bank of America, San Francisco, California.
A no litigation certificate of the Town shall accompany the
Bonds at deli very.
The opinion of Sturgis, Ness, Brunsell & Sperry,
Emeryville, California, without qualification and without
expense to the Underwriter to be printed on the Bonds.
Town Council
Town of Tiburon
October 20, 1989
Page Three
Conditions Precedent:
The obligation of the Underwriter to accept delivery of and
pay for the Bonds on the Closing Date shall be subject, at the
option of the Underwriter, to the following additional
conditions:
(a) The Resolution and any other applicable agreements
shall be in full force and effect, and shall not have
been amended, modified or supplemented except as
may have been agreed in writing by the Underwriter,
and there shall have been taken in connection
therewith, with the issuance of the Bonds and with
the transactions contemplated thereby and by this
Purchase Contract, all such actions as, in the opinion
of Sturgis, Ness, Brunsell & Sperry, Emeryville,
California, Bond Counsel for the Town, shall be
necessary and appropriate;
(b) Between the date hereof and the closing date, the
market price or marketability of the Bonds at the
initial offering prices set forth in the Offering
Statement shall not have been materially adversely
affected, in the judgment of the Underwriter
(evidenced by a written notice to the Town
terminating the obligation of the Underwriter to
accept delivery of and pay for the Bonds) by reason
of any of the following:
(1) Legislation enacted (or resolution passed) by the
Congress of the United States of America of a
decision rendered by a court established under
Article III of the Constitution of the United
States of America or by the Tax Court of the
United States of America, or an order, ruling,
regulation (final, temporary or proposed), press
release or other form of notice issued or made
by or on behalf of the Treasury Department or
the Internal Revenue Service of the United
States of America, with the purpose or effect,
directly or indirectly, of imposing federal
income taxation upon the interest as would be
received by the owners of the Bonds;
Town Council
Town of Benicia
October 20, 1989
Page Four
(2) Legislation enacted (or resolution passed) by the
Congress of the United States of America, or an
order, decree or injunction issued by any court of
competent jurisdiction or an order, ruling,
regulation (final, temporary or proposed), press
release or other form of notice issued or made
by or on behalf of the Securities and Exchange
Commission, or any other governmental agency
having jurisdiction of the subject matter, to the
effect that obligations of the general character of
the Bonds, or the Bonds, including any or all
underlying arrangements, are not exempt from
registration under or other requirements of the
Securities Act of 1933, as amended, or that the
Resolution is not exempt from qualification
under or other requirements of the Trust
Indenture Act of 1939, as amended, or that the
issuance, offering or sale of obligations of the
general character of the Bonds, or of the Bonds,
including any or all underwriting arrangements,
as contemplated hereby or by the Offering
Statement or otherwise is, or would be, in
violation of the federal securities laws as
amended and then in effect;
(3) Any amendment to the Federal or California
Constitution or action by any Federal or
California court, legislative body, or other
authority materially adversely affecting the tax
status of the Town, its property, income,
securities (or interest thereon), validity or
enforceability of the assessment or the ability of
the Town to construct or acquire the
improvements as contemplated by the
Resolution and the Offering Statement; or
( 4) Any event occurring, or information becoming
known which, in the judgment of the
Underwriter makes untrue or misleading in any
material respect any statement or information
contained in the Offering Statement concerning
the Town, the improvement project, the
landowners, or the property assessed.
Town Council
Town of Tiburon
October 20, 1989
Page Five
Limited Obligation:
The Bonds shall be "limited obligations" of the Town,
secured only by the property assessed in these
proceedings with no Town financial responsibility for
Bond debt sexvice.
Town Covenant:
The Town shall covenant to take any action within its
powers to maintain the tax-exempt status of the Bonds.
Place of Delivery:
MPA Offices, 250 Montgomery Street, Suite 1200, San
Francisco, California 94104.
Time of Delivery:
Not later than 48 hours after the Town notifies the
undersigned that the Bonds are ready for delivery. If the
subject Bonds are not delivered by 5:00 p.m. on the third
day after the aforementioned delivery date, the
Underwriter reserves the right to renegotiate the price
and/or the rate of interest.
Expiration:
This offer expires noon October 23, 1989.
Very truly yours,
MARK PRESSMAN ASSOCIATES (MPA)
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Mic,hael B. Lyn~h<
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Mark Pressman
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