HomeMy WebLinkAboutTC Res 1983 (May thru July)
RESOLUTION NO. 2i4~
, A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ~ffiNDING RESOLUTIONS 100b
AND 1072 AND ESTABLISHING FEES FOR SERVICES
AND COMMUNITY DEVELOPMENT PElli~IT APPLICATIONS
WHEREAS, the Tiburon zoning Ordinance ana the Town Coae
require that filing fees for services and development permits oe
established from time to time by Resoiution of the Town Counc~i;
and
WHEREAS, the rl'own Councii desires to amena Resoiutions 1.00b
and 1072 establishing fees for certain services and permits; ana
NOW, THEREFORE, BE IT RESOLVED that Resolutions No. 1006 and
1072 are hereby amended as herein provided.
Section 1. Amendment. Resolutions 1006 and 1072, the paragraph
entitled "App11cation Type", is hereby amended to read as
follows:
APPLICATION TYPE
PROPOSED FEE
A. DESIGN REVIEW
1. Staff Approval
$50.00 Without Fie~a Trip
100.00 With Field Trip
2. Sign permi t
with Variance
100.00
250.00
3. Design Review
a. New Single-Family Residence
i/2 of 1. Percent of Cost
of the Improvements (for
the structure only)
b. Major Remodel (Over $30,000
Evaluation)
250.00 Minimum or
3/4 of i percent of the
Valuation of the Remode~
All Other Design Review Items
(Landscaping, Fences, Gates or
Other Matters that go to the
Design Review Board)
200.00
4. Variance
250.00
(TO Be Offset Against the
Design Review Fee to a
Maximum of $200.00)
5. Tree Complaint
250.00
B. PLANNING
NOTE: The Fee Schedule for "B. Planning" app.iications establishes
the minimum non-refundable deposit only. Upon fi.iing an
application accompanied by the minimum non-refundable deposit,
planning staff will estimate the amount of time required to
complete processing of the application. Staff time will be
charged at a rate of $50.00 per hour multiplied by the
estimated number of hours for processing. Applicant will be
required to deposit with the Town funds to cover all
processing costs prior to application processing. If actua~
expense is more than the posted amount, applicant shall pay
the difference prior to final action. If actual expense
is ~ess than the posted amount, the differences shail be
refunded to the applicant.
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1. lvlaster Plan
4 Units or Less
5 Uni tsor .More
$350.00 + 100.00/acre
$600.00 + 100.00/acre
2. Precise Plan
4 Units or Less
5 Uni ts or Iv'lore
$350.00 + $100.00/acre
$600.00 + 100.00/acre
~50.00
3. Combined Master/precise P~ans
LIMIT.ED APPLICATIONS
4. Conditional Use Permit
400.00
650.00
5. Rezoning or Amendment to zoning
Orciinance
6. General Pl.an Amendment
600.00 + Consultant Cost
7. Condominium Conversion Use Permit
4 Units or Less 400.00 + 25.00/unit
5 Units or More 400.00 + 50.00/Unit
Tentative and Final Map SEE SUBDIVISION FEES
c. SUBDIVISION
1. Tentative Map
parcel Map (4 Lots or Less)
350.00 + l.OO.OO/lot or
unit
Tract Map (5 Lots or More)
400.00 + 100.00jlot or
unit
2. Final Map
Parcel Map (4 Lots or Less)
Tract Map (5 Lots or More)
200.00 + 25.00/10t or unit
275.00 + 25.00/10t or unit
3. Engineer Check of Final Map and
Improvement Drawings
At Cost + 10 percent
Planning Administration
Fee
4. Engineer Inspections
At Cost + 10 percent
Pl.anning Administration
Fee
5. In-Lieu Parks and Recreation
500.00/unit
D. ENVIRONMENTAL REVIEW
1. Review for Environmental Determination 200.00
2. Ini tial Study 15 Percent of Contract
3. E.I.R.
(Full. or Focused)
l5 Percent of Contract
E. MISCELLANEOUS FEES
1. Appeals
$250.00
2. Request to Waive Undergrounding
of Utilities
200.00
3. Postponement of an Agendized Item at
Applicant's Request Prior to Meeting
50.00
4. Certificate of Compliance
75.00 + Town Attorney's
Fee
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5. Noticing
6. Postage
F. GENERAL CHARGES
1. Zeroxing
2. Copy of General Plan or
Zoning Ordinance
3. Design Review Guidelines
4. Aerial Photos
5. Large 3-panel Overlay
6. Zoning Map - Large
7. Zoning Map - Small
G. BUILDING FEES
1. Residential. Building Report
2. Encroachment Permit
3. Tiburon Boulevard Improvement Fund:
All New Residential
New Retail
New Office and Other Non-Residential
25.00
5.00
.25<: per page
12.00
5.00
5.00 each pane~
10.00
6.00
3.00
75.00
50.00
$l,974.00junit
$10.44jsq.ft. gross f~oor
area
$4.12/sq. ft. gross floor
area
PASSED AND ADOPTED at a special meeting of the Town Council of
the Town of Tiburon on July 18, 1983 by the foll.owing vote:
AYES:
NOES:
COUNCIL~illMBERS: Rockey
COUNCILMEMBERS: Smith, Bergsund, Edelstein, Spratling
ABSENT:
COUNCILMEMBERS: None
Town
Date drafted: 7/18/83
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RESOLUTION NO. 2144
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING FEES FOR PLUMBING,
ELECTRICAL, MECHANICAL, SWIMMING POOLS, HOT TUBS,
AND ADDITIONAL FEES FOR PERMIT APPLICATIONS
WHEREAS, the Tiburon Town Code requires that fees for Plumbing,
Electrical and Mechanical permits and additional fees be established
by Resolution of the Town Council; and
WHEREAS, the Town of Tiburon will necessarily incur certain costs
in processing such permit applications; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon does here establish the following fee schedule:
PLUMBING PERMIT FEES
ITEM
For issuing each permit
In addition:
For each plumbing fixture or trap or set of
fixtures on one trap (including water, drainage
piping and backflow protection therefor)
For each building sewer
Rainwater systems - per drain (inside building)
For each private sewage disposal system
For each water heater and/or vent
For each gas piping system of one (1) to
4 (four) outlets
For each additional outlet
For each waste pre-treatment interceptor,
including its trap and vent, excepting
kitchen type grease interceptors functioning
as fixture traps
For installation, alteration or repair of
water piping and/or water treating equipment
For repair or alteration of drainage or
vent piping
For each lawn sprinkler system on anyone meter,
including backflow protection devices therefor
For each head
For vacuum breakers or backflow protective
devices or for installation on unprotected
plumbing fixtures, including necessary water
piping - one (1) to four (4)
Five (5) or more each
Fire sprinkler system
For each head
MECHANICAL PERMIT FEES
RATE EACH
$10.00
3.75
10.00
3.75
28.00
3.75
3.75
.75
3.75
3.75
3.75
3.75
.75
3.75
.75
28.00
.75
Where not otherwise described below, Mechanical permit fees shall be
in accordance with Table 3A of the Uniform Mechanical Code 1979
Edition.
ITEM
For issuing each permit
In Addition:
Air conditioning units to 10,000 cfm
Refrigeration units to 10,000 cfm
Over 10,000 cfm
RATE EACH
$10.00
$7.00
7.00
8.00
-2-
MECHANICAL PERMITS FEES (Cont'd.)
ITEM
Forced air systems to 100,000 BTU/H
Gravity systems to 100,000 BTU/H
Floor furnaces to 100,000 BTU/h
Wall heaters to 100,000 BTU/H
unit heaters to 100,000 BTU/H
Over 100,000 BTU/H
Evaporative coolers
Domestic vacuum or r.~nge hood
Air Handling unit
Boilers
Unclassified unit - each
ELECTRICAL PERMIT FEES
ITEM
For issuing each permit:
In Addition:
Each switch outlet
Each lighting outlet
Each 120 volt receptacle
Each flourescent lighting fixture
Each incandescent lighting fixture
Each circuit or feeder
Each 220 volt outlet
Ranges
Built-in oven
Domestic heater
Water heater - electrical connection
Dishwasher - electrical connection
Disposal units - electricl connection
Dryer - Electrical connection
Hood fan and light - electrical connection
Furnace motor and control - electrical connection
Temporary power pole not over 100 amps
New service not over 100 amps
Permanent pole or stand mounted service not
over 100 amps
Service change, existing structures not over
100 amps
For each additional 100 amps capacity or
fraction thereof
Additional meters and feeder each
Service over 600 volts - first 220 KVA
Over 220 KVA
For each 120 volt motor 1 hp or less
For each additional hp or fraction thereof
up to 10 hp
Motors over 10 hp, additional fee per hp of
ADDITIONAL FEES
Re-roofing permit fees
Fee for each pre-re-roofing inspection
Each permit for re-roofing
SOLAR PERMIT FEES
For each new solar installation
SWIMMING POOL AND HOT TUB FEES
For each new private swimming pool
For each new public swimming pool
For each new hot tub
RATE EACH
$7.00
7.00
7.00
7.00
7.00
8.00
7.00
7.00
7.00
7.00
7.00
RATE EACH
$10.00
.50
.50
.50
.60
.60
.50
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
15.00
10.00
15.00
15.00
5.00
3.00
10.00
25.00
1.00
.50
.20
$25.00
25.00
$70.00
160.00
200.00
125.00
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NOTE: Fees for work commenced without a permit shall
be double the amount of rates herein described.
An hourly rate of $35.00 in addition to the fees herein
described shall be charged for:
Inspection outside of normal business hours, if
requested by applicant, minimum 2 hours.
Additional plan review required by changes, additions or
revisions to approved plans, minimum 2 hours, but not to
exceed the basic fee for each re-application.
PASSED AND ADOPTED at a special meeting of the Town Council of
the Town of Tiburon on July 18, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Bergsund, Edelstein, Smith,
Spratling
NOES:
COUNCILMEMBERS: Rockey
COUNCILMEMBERS:
ABSENT:
Town
/ Date drafted: 7/15/83
RESOLUTION NO. 2143
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE REPAYMENT AGREEMENT
DATED JUNE 27, 1983, AND AUTHORIZING EXECUTION
OF THE REPAYMENT AGREEMENT
WHEREAS, a portion of the costs to be incurred in the
formation of the Tiburon Redevelopment Agency (the "Agency") and
the planning and related activities in connection with the
development of a redevelopme:nt plan will be borne by the Town of
Tiburon (the "Town");
WHEREAS, it is anticipated that the Agency will repay to
the Town all such costs to be incurred for redevelopment purposes
out of tax increment revenues generated within the redevelopment
project area;
WHEREAS, the Agency has requested a loan from the Town
in the amount of $80,000;
WHEREAS, repayment by the Agency to the Town is provided
for in a Repayment Agreement, dated June 27, 1983, between the Town
and the Agency. The Town authorizes execution of the Agreement,
attached hereto as Exhibit A; and
WHEREAS, it has been found and determined that the cost
of any public improvements to be undertaken by the Town on behalf
of, and as specifically authorized by, the Agency shall be repaid
by the Agency and shall bear interest at the rate of one percent
(1%) per annum above the prime interest rate (as defined in the
Repayment Agreement), but not to exceed the maximum interest rate
permitted by law.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon hereby approves the loan to the Agency in an
amount not to exceed $80,000 and authorizes the Town Manager to
execute the Repayment Agreement.
FURTHER RESOLVED, that the Repayment Agreement is hereby
approved. The Agreement provides for repayment of all future costs
incurred by the Town on behalf of the Agency and for repayment of
the loan in an amount not to exceed $80,000, both of which bear
interest at the rate of one percent (1%) per annum above the prime
interest rate (as defined in the Repayment Agreement) but not to
exceed the maximum interest rate permitted by law. Interest shall
accrue from this date forward, and for repayment to the Town for
public improvements undertaken by the Town on behalf of and as
specifically authorized from time to time by the Agency. The cost
of such publi~ improvements shall bear interest at the rate of one
percent (1%) per annum above the prime interest rate (as defined in
the Repayment Agreement) but not to exceed the maximum interest
rate permitted by law.
PASSED AND ADOPTED at an adjourned regular meeting of
the Town Council on June 27 , 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith
Rockey, Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS:
\
\
RESOLUTION NO. 2142
RESOLUTION DESIGNATING A SURVEY AREA IN THE
TOWN OF TIBURON PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33310 ET. SEQ.
WHEREAS, Town staff has recommended to the Town Council
of the Town of Tiburon a survey area for redevelopment project
study purposes; and
WHEREAS, it is the desire of the Town Council to
designate the area attached hereto as Exhibit A as a survey area
pursuant to Health & Safety Code Section 33310 et.seq.
NOW, THEREFORE, BE IT RESOLVED that the area set forth
on Exhibit A requires study to determine if a redevelopment project
or projects within the area are feasible.
FURTHER RESOLVED, that Exhibit A describing the
boundaries of the survey area designated herein is incorporated and
by this reference made a part hereof.
PASSED AND ADOPTED at an adjourned regular meeting of
the Town Council on June 27 , 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith,
Rockey, Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS
ATTEST:
R'~~k
Date Drafted: 6/23/83
RESOLUTION NO. 2141
RESOLUTION APPOINTING BANK OF AMERICA
,NATIONAL TRUST AND SAVINGS ASSOCIATION
AS PAYING AND FISCAL AGENT
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
That in accordance with the terms and provisions of the
agreement between the Town of Tiburon and the Bank of America
National Trust and Savings Association, dated September 15,
1982, the Town Manager/Clerk is authorized and directed to
request that said Bank act as paying and fiscal agent for
Mountain View Drive Undergrounding Assessment District, Town
of Tiburon, Marin County, California.
That the Town Manager/Clerk is further directed to file
a certified copy of this resolution with the Bank of America
National Trust and Savings Association and to provide said Bank
with the information required by paragraphs 9 and 10 of said
agreement.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 15, 1983, by the follow-
ing vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith
Rockey, Spratling
COUNCILMEMBERS None
NOES:
ABSENT:
COUNCILMEMBERS None
Drafted 6/15/83'
RESOLUTION NO. 2140
RESOLUTION APPROVING AGREEMENT WITH
PACIFIC TELEPHONE AND TELEGRAPH COMPANY
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
As a part of the procee~ings for improvements in
Mountain View Drive Undergrounding Assessment District,
Town of Tiburon, Marin County, California, this Council
approves that certain agreement between the Town of Tiburon
and PACIFIC TELEPHONE AND TELEGRAPH COMPANY, dated
June 15
, 1983, and attached to this resolution.
The Mayor is authorized to sign the agreement and
the Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
::::::::: ::~ f? 1r~-
Mayor ~
Town of Tiburon
NOES:
ABSENT:
ATTE~
R. L. L INERT, Town Manager/Clerk
Drafted: 6/15/83
RESOLUTION NO. 2139
RESOLUTION APPROVING AGREEMENT WITH
TELE-VUE SYSTEMS, INC. (VIACOM)
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
As a part of the proceedings for improvements in
Mountain View Drive Undergrounding Assessment District,
Town of Tiburon, Marin County, California, this Council
approves that certain agreement between the Town of Tiburon
and TELE-VUE SYSTEMS, INC., dba VIACOM, dated
, 1983, and attached to this resolution.
The Mayor is authorized to sign the agreement and
the Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
A YES :
COUNCILMEMBERS
Edelstein, Bergmann, Smith, Rockey
Spratling
None
NO;!~ I? ~~_~
Town of Tiburon
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATTESTaz~ _
~~T, Town Manager/Clerk
Drafted: 6/15/83
RESOLUTION NO.~_____
RESOLUTION APPROVING AGREEMENT WITH
; PACIFIC GAS AND ELECTRIC COMPANY
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
As a part of the proceedings for improvements in
Mountain View Drive Undergrounding Assessment District,
Town of Tiburon, Marin County, California, this Council
approves that certain agreement between the Town of Tiburon
and PACIFIC GAS AND ELECTRIC COMPANY, dated
,Tune 15
, 1983, and attached to this resolution.
The Mayor is authorized to sign the agreement and
the Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
None ~ I?
~
Town of Tiburon
Drafted: 6/15/83
RESOLUTION NO.~L____
RESOLUTION ORDERING SALE OF BONDS
Mountain View Drive Undergrounding Assessment District
The Town Council of the Town of Tiburon resolves:
The Town Council accepts the offer of WULFF, HANSEN &
CO. (attached to this resolution and by reference incorporated
in it), to purchase all of the improvement bonds to be issued in
Mountain View Drive Undergrounding Assessment District, Town of
Tiburon, Marin County, California.
The Town Council directs the sale and delivery of the
bonds to the offeror in accordance with the terms and conditions
stated in the offer.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
A YES :
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
Drafted: 6/15/83
RESOLUTION NO. ?'~h
RESOLUTION ESTABLISHING BOND RESERVE FUND
Mountain View Drive Undergrounding Assessment District
The Town Council of the Town of Tiburon resolves:
1. There is hereby created a special fund to be
designated Special Reserve Fund, Mountain View Drive
Undergrounding Assessment District, Town of Tiburon, Marin
County, California.
2. Out of the proceeds of the sale of improvement
bonds to represent unpaid assessments in Mountain View Drive
Undergrounding Assessment District, there shall be deposited in
the special reserve fund the amount designated for this purpose
in the report required by Section 10204 of the Streets and
Highways Code and approved by this Town Council, reduced by an
amount which bears the same ratio to the amount set forth in the
report as the amount of assessments paid in cash bears to the
total amount of assessments.
3. During the term of the improvement bonds, the
money in the special reserve fund shall be available for
transfer into the redemption fund for the bonds pursuant to
Section 8808 of the Streets and Highways Code. 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 assessment installments was made from the
special reserve fund.
4. If any assessment is prepaid prior to the 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, together with accrued interest, as the original
amount of the prepaid assessment bears to the total amount of
assessments originally levied in Mountain View Drive
Undergrounding Assessment District. The reduction in the amount
of principal prepaid shall be compensated for by a transfer from
the special reserve fund to the redemption fund for the bonds of
a like amount.
5. In order to prevent the reserve fund from
exceeding the reserve limitations set by federal statute and
regulation,' the Finance Director is hereby authorized and
directed to make transfers of accrued interest from the reserve
fund to the bond redemption fund from time to time, and to
establish pro rata credits against annual installments of
assessment principal and interest In a like amount in the year
following the year of transfer.
6. 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 for the bonds, and the remaining installments of
principal and interest not yet due from assessed property owners
shall be cancelled without payment.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCI LMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
ur~r4
NOES:
ABSENT: COUNCILMEMBERS None
ATTES~
R. L. KLEINERT, Town Manager/Clerk
Drafted: 6/15/83
2
RESOLUTION NO. 2135
RESOLUTION CONCERNING FORECLOSURE OF
DELINQUENT ASSESSMENT LIENS
Mountain View Drive Undergrounding Assessment District
The Town Council of the Town of Tiburon resolves:
1. If any installment of the principal or interest of
any assessment levied in Mountain View Drive Undergrounding
Assessment District, Town of Tiburon, Marin County, California,
becomes delinquent, the Town Council shall.cause the filing of
an action in the Superior Court of the County of Marin to
foreclose the lien of the delinquent assessment pursuant to the
authority given in Section 8830 and following of the Streets and
Highways Code of the State of California. This action shall be
filed not later than one hundred fifty (150) days following the
,
date of delinquency.
2. This resolution is adopted as an inducement to the
purchase of improvement bonds to be issued in Mountain View
Drive Undergrounding Assessment District, Town of Tiburon, Marin
County, California, and Paragraph 1 hereof shall constitute a
covenant to the bondholders.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
Clerk
Drafted: 6/15/83
RESOLUTION NO. 2114
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
Mountain View Drive Undergrounding Assessment District
The Town Council of the Town of Tiburon resolves:
This Councilhas.taken a series of actions preliminary
to ordering the improvement in Mountain View Drive
Undergrounding Assessment District, Town of Tiburon, Marin
County, California, and now makes the following findings and
orders:
1. The Council adopted a map showing the boundaries
of the land benefited by the proposed improvement. A copy of
the boundary map was filed in the office of the County Recorder
of the County of Marin in the Book of Maps of Assessment
Districts.
2. The Council adopted its Resolution of Intention to
order the improvement described therein under the Municipal
Improvement Act of 1913, and directed STANLEY BALA, Town
Engineer, as the Engineer of Work for the assessment district,
to prepare the report required by Section 10204 of the Streets
and Highways Code.
The improvement is generally described as follows:
The removal of existing overhead electrical and
communication facilities on Mountain View Drive and
the replacement thereof with underground electrical
and communication facilities to include the following:
1. Excavating, backfilling, and paving common trench.
2. Installation of conduits and appurtenances.
3. Conversion of electricity service, telephone
service and cable television service.
4. Removal of existing overhead facilities.
~/
The construction, reconstruction, relocation or
conversion of electric or communication facilities,
located upon any lot or parcel of land within the
assessment district for which the owners of such lots
or parcels of land within said assessment district
shall have filed a written request for said
construction, reconstruction, relocation or conversion
of improvements and acquisitions of any rights-of-way
in accordance with the provisions of Section 5896.14
of the Streets and Highways Code of the State of
California.
3. The Engineer of Work filed the report as directed,
and the Town Council called a hearing on the report as required
by Section 10301 of the Streets and Highways Code. Notice of
the hearing was given by publication, by street posting and by
mailing to affected property owners, all according to the
Municipal Improvement Act of 1913. Affidavits of publication,
posting and mailing were filed with the Town Manager/Clerk.
4. At the time and place for which notice was given,
the Town Council conducted a public hearing and gave every
interested person an opportunity to object to the proposed
improvement, the extent of the assessment district, or the
proposed assessment. Following the hearing, at the direction of
the Council, the Engineer of Work filed an amended report.
5. The Council finds that written protests against
the proposed improvement have not been made by owners
representing more than one-half of the area of the land to be
assessed for the improvement.
6. The documents and events described in paragraph's 1
to 4, inclusive, are stated here in tabular form, with their
now on file with the Town Manager/Clerk.
dates and, where appropriate, their numbers. All documents are
Document or Event
a. Resolution approving Boundary Map
b. Boundary Map filed with County Recorder
c. Resolution of Intention
d. Filing of Engineer's Report
e. Resolution accepting Report
f. Certificate of Mailing Notice of
Improvement
g. Affidavit of Publication of Notice of
Improvement
h. Certificate of Posting of Notice of
Improvement
i. Public hearing conducted
j. Amended Engineer's Report filed
Date Number
5/4/83 2114
5/9/83
5/4/83 2115
5/4/83
5/4/83 2116
5/11/83
5/11/83
5/16/83
6/15/83
6/15/83
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7. The .Council approves the Amended Engineer's Report
incorporated by reference in the report.
and each component part of it, including each exhibit
8. The Council finds that the Engineer of Work, in
the Amended Engineer's Report has fairly and properly
apportioned the cost of the improvement to each parcel of land
in the assessment district in proportion to the estimated
benefits to be received by each parcel, respectively, from the
2
improvement. The Town Council hereby confirms and levies each
individual assessment as stated in the Amended Engineer's
Report.
9. This Town Council orders the improvement described
in paragraph 2 and as detailed in the Amended Engineer's Report.
10. Serial bonds representing unpaid assessments, and
bearing interest at a rate ~ot to eiceed 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
fourteen years from the second day of July next succeeding ten
(10) months from their date.
11. According to Section 10603 of the Streets and
Highways Code, the Council designates the Finance Director to
collect and receive payment of the assessments.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey,
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
ATTESI@~
R. L. KLEINERT, Town Manager/Clerk
Drafted: 6/15/83
3
RESOLUTION NO.~____
RESOLUTION OVERRULING PROTESTS
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
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On June 15, 1983, the Town Council opened a public
hearing on the resolution of intention and the engineer's report
on the proposed improvement in Mountain View Drive
Undergrounding Assessment District, Town of Tiburon, Marin
County, California.
At or before the time set for hearing, certain
interested persons made protests or objections to the proposed
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improvement, the extent of the assessment district or the
The Town Council hereby overrules each of these
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proposed assessment.
protests, written or oral.
The Town Council finds that the protest against the
proposed improvement (including all written protests not
withdrawn in writing before the conclusion of the protest
hearing) is made by the owners of less than one-half of the area
of the land to be assessed for the improvement.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
A YES :
COUNCILMEMBERS
Edelstein, Bergmann, Smith, Rockey,
Spratling
::~ f~
Mayor ~
Town of Tiburo
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Drafted: 6/15/83
RESOLUTION NO. 2132
RESOLUTION ESTABLISHING BOND RESERVE FUND
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
1. There is hereby created a special fund to be
designated Special Reserve Fund, Cibrian Drive Assessment
District No. 83-1, Town of Tiburon, Marin County, California.
2. Out of the proceeds of the sale of improvement
bonds to represent unpaid assessments in Cibrian Drive
Assessment District No. 83-1, there shall be deposited in the
special reserve fund the amount designated for this purpose in
the report required by Section 10204 of the Streets and Highways
Code and approved by this Town Council, reduced by an amount
which bears the same ratio to the amount set forth in the report
as the amount of assessments paid in cash bears to the total
amount of assessments.
3. During the term of the improvement bonds, the
money in the special reserve fund shall be available for
transfer into the redemption fund for the bonds pursuant to
Section 8808 of the Streets and Highways Code. 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 assessment installments was made from the
special reserve fund.
4. If any assessment is prepaid prior to the 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, 'together with accrued interest, as the original
amount of the prepaid assessment bears to the total amount of
assessments originally levied in Cibrian Drive Assessment
District No. 83-1. The reduction in the amount of principal
prepaid shall be compensated for by a transfer from the special
reserve fund to the redemption fund for the bonds of a like
amount.
5. In order to prevent the reserve fund from
exceeding the reserve limitations set by federal statute and
regulation, the Finance Director is hereby authorized and
directed to make transfers of accrued interest from the reserve
fund to the bond redemption fund from time to time, and to
establish pro rata credits against annual installments of
assessment principal and interest in a like amount in the year
following the year of tiansfer.
6. 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 for the bonds, and the remaining installments of
principal and interest not yet due from assessed property owners
shall be cancelled without payment.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
::T~~ageilCrerk
Drafted: 6/15/83
2
RESOLUTION NO. 2131
RESOLUTION APPOINTING BANK OF AMERICA NATIONAL TRUST
ANO SAVINGS ASSOCIATION AS PAYING AND FISCAL AGENT
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
That in accordance with the terms and provisions of the
agreement between the Town of Tiburon and the Bank of America
National Trust and Savings Association, dated September 15, 1982,
the Town Manager/Clerk is authorized and directed to request that
said Bank act as paying and fiscal agent for Cibrian Drive Assess-
ment District No. 83-1, Town of Tiburon, Marin County, California.
That the Town Manager/Clerk is further directed to file
a certified copy of this resolution with the Bank of America
National Trust and Savings Association and to provide said Bank
with the information required by paragraphs 9 and 10 of said
agreement.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith
Rockey, Spratling
COUNCILMEMBERS None
NOES:
ABSENT:
COUNCILMEMBERS
ATTESTA#~
R. L. 'KLEINERT, Town Manager/Clerk
Drafted 6/15/83
RESOLUTION NO. 2130
RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
The Finance Director has filed a list of all payments
received on account of assessments levied in Cibrian Drive
Assessment District No. 83-1, Town of Tiburon, Marin County,
California.
A copy of the Paid and Unpaid List is attached to this
resolution as Exhibit A and included in it. The Town Council
shall issue improvement bonds under the provisions of the
Improvement Bond Act of 1915 of the State of California upon the
security of the assessments shown as unpaid on the attached
list.
The Town Manager/Clerk shall transmit a copy of this
resolution to the County Auditor. The County Auditor is
requested to comply with the provisions of Section 8682 of the
Streets and Highways Code in the collection of installments of
these assessments on the assessment roll for taxes.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Spratling
Rockey
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
ATTE~
R. L. KLEINERT,
Drafted: 6/15/83
PAID AND UNPAID LIST
OF ASSESSMENTS IN
CIBRIAN DRIVE ASSESSMENT DISTRICT NO. 83-1
I HEREBY CERTIFY that the attached list of Paid
and Unpaid Assessments correctly reflects (1) all amounts
received by me on account of assessments in Cibrian Drive
Assessment District No. 83-1 and (2) all amounts remaining
unpaid on each of the assessments in said assessment
district.
Executed at Tiburofi California on June 15, 1983.
ALAN NADRITCH, Finance
Town of Tiburon, Marin
Californi
By
PAID AND UNPAID LIST
Cibrian Drive Assessment District No. 83-1
NO ASSESSMENTS PAID
UNPAID LIST
Assessment &
Diaqram No.
Assessment
Amount
1
2
3
4
5
$ 75,000.00
75,000.00
75,000.00
75,000.00
75,000.00
6
7
8
9
10
75,000.00
75,000.00
75,000.00
75,000.00
75,000.00
11
TOTAL UNPAID
75,000.00
$ 825,000.00
RESOLUTION NO. 2129
RESOLUTION AWARDING CONTRACT
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
The Town of Tiburon has received public bids for the
construction of improvem~nts in Cibrian Drive Assessment
District No. 83-1.
The Engineer of Work has reviewed the bids and now
recommends award of the construction contract to the lowest
responsible bidder, MAGGIORA & GHILOTTI.INC. , whose bid price
is $ 388,210.00 .
The Town Council therefore awards the contract to that
bidder. All other bids are rejected.
The Town Council directs the Town Manager/Clerk to
publish a notice of award of contract.
The Town Council authorizes and directs the Mayor and
the Town Manager/Clerk to sign the written contract for this
construction when it is presented to them for signature, along
with the surety bonds and insurance certificates required by the
construction specifications.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
Drafted: 6/15/83
NOTICE OF AWARD OF CONTRACT
Cibrian Drive Assessment District No. 83-1
NOTICE:
On June 15, 1983, the Town Council of the Town of
Tiburon awarded a contract for improvements in Cibrian
Drive Assessment District No. 83-1, Town of Tiburon, Marin
Councy, California, to the lowest responsible bidder, MAGGIORA &
GHILOTTI, INC.,
at the prices bid under procedures
specified by the Municipal Improvement Act of 1913 of the
state of California.
DATED: June 15, 1983.
R. L. KLEINERT, Town Manager/Clerk
Town of Tiburon,
Marin County, California
RESOLUTION NO. 2128
RESOLUTION ORDERING SALE OF BONDS
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
The Town Council accepts the offer of WULFF, HANSEN &
CO. (attached to this resolution and by reference incorporated
in it) ~ to purchase all ~f the improvement bonds to be issued in
Cibrian Drive Assessment District No. 83-1, Town of Tiburon,
Marin County, California.
The Town Council directs the sale and delivery of the
bonds to the offeror in accordance with the terms and conditions
stated in the offer.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
ATTESTM/ d (/ ~
R. /l~~agerlClerk
Drafted: 6/15/83
RESOLUTION NO. 11?7
RESOLUTION AUTHORIZING CHANGE ORDERS
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
The Town Council hereby authorizes the Superintendent
of Public Works of the Town of Tiburon to issue change orders
for the work in Cibrian Drive Assessment District No. 83-1,
under the following conditions:
1. To correct clerical and technical errors in the plans
and specifications.
2. To modify the design of the improvement to accord with
better engineering practice or to achieve economy of
construction.
3. To adjust the design of the improvement to utility
locations, soil conditions, or other conditions
unknown or uncertain when plans were drawn.
Cost increases in change orders issued under this authority
shall not aggregate more than the amount set aside for
construction contingencies in the cost estimate approved by the
Town Council.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
Manager/Crerk
Drafted: 6/15/83
RESOLUTION NO. 2126
RESOLUTION CONCERNING FORECLOSURE OF
DELINQUENT ASSESSMENT LIENS
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
1. If any ins~allment of the principal or interest of
any assessment levied in Cibrian Drive Assessment District
No. 83-1 becomes delinquent, the Town Council shall cause the
filing of an action in the Superior Court of the County of Marin
to foreclose the lien of the delinquent assessment pursuant to
the authority given in Section 8830 and following of the Streets
and Highways Code of the State of California. This action shall
be filed not later than one hundred fifty (150) days following
the date of delinquency.
2. This resolution is adopted as an inducement to the
purchase of improvement bonds to be issued in Cibrian Drive
Assessment District No. 83-1, Town of Tiburon, Marin County,
California, and Paragraph 1 hereof shall constitute a covenant
to the bondholders.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
~
Drafted: 6/15/83
RESOLUTION NO. 2125
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
This Council has taken a series of actions preliminary
to ordering the improvement in Cibrian Drive Assessment District
No. 83-1, and now makes the following findings and orders:
1. The Council adopted a map showing the boundaries
of the land benefited by the proposed improvement. A copy of
the boundary map was filed in the office of the County Recorder
of the County of Marin in the Book of Maps of Assessment
Districts.
2. The Council adopted its Resolution of Intention to
order the improvement described therein under the Municipal
Improvement Act of 1913, and directed RHODES AND GARDNER, INC.
as the Engineer of Work for the assessment district, to prepare
the report required by Section 10204 of the Streets and Highways
Code.
The improvement is generally described as follows:
1. Surface and subsurface street improvements and
utilities, including: subsurface slide repairs,
grading, paving, curbs and gutters, drainage
facilities, erosion control, gas mains, electric
service, telephone service, TV service, sewer mains,
water mains, retaining walls, street lights,
landscaping, and other improvements as may be required
by the Town of Tiburon, the Town of Corte Madera, and
the County of Marin; paradise Drive at the
intersection of Taylor Road and Paradise Drive for a
distance of approximately 250 feet; from the
intersection of paradise Drive and Taylor Road
westerly along Taylor Road for a distance of
approximately 240 feet; from the intersection of
Taylor Road and Cibrian Drive northerly along Cibrian
Drive for a distance of approximately 1,000 feet;
together with certain off-street improvements
including sewer mains, drainage facilities, and other
utilities as deemed necessary.
2. The payment of certain fees as required by the
Town of Tiburon, the Town of Corte Madera, and the
County of Marin.
3. The Engineer of Work filed the report as directed,
and the Town Council called a hearing on the report as required
by Section 10301 of the Streets and Highways Code. Notice of
the hearing was given by publication, by street posting and by
mailing to affected property owners, all according to the
Municipal 'Improvement Act of 1913. Affidavits of publication,
posting and mailing were filed with the Town Manager/Clerk.
4. At the time and place for which notice was given,
the Town Council conducted a public hearing and gave every
interested person an opportunity'to object to the proposed
improvement, the extent of the assessment district, or the
proposed assessment. Following the hearing, at the direction of
the Council, the Engineer of Work filed an amended report.
5. The Council finds that written protests against
the proposed improvement have not been made by owners
assessed for the improvement.
representing more than one-half of the area of the land to be
6. The documents and events described in paragraphs 1
to 4, inclusive, are stated here in tabular form, with their
now on file with the Town Manager/Clerk.
dates and, where appropriate, their numbers. All documents are
Document or Event
a. Resolution approving Boundary Map
b. Boundary Map filed with County Recorder
c. Resolution of Intention
d. Filing of Engineer's Report
e. Resolution accepting Report
f. Certificate of Mailing Notice of
Improvement
g. Affidavit of Publication of Notice of
Improvement
h. Certificate of posting of Notice of
Improvement
i. Public hearing conducted
j. Amended Engineer's Report filed
Date
Number
5/4/83
5/9/83
5/4/83
5/4/83
5/4/83
5/16/83
5/25/83
5/18/83
6/15/83
6/15/83
7. The Council approves the Amended Engineer's Report
incorporated by reference in the report.
and each component part of it, including each exhibit
8. The Council finds that the Engineer of Work, in
the Amended Engineer's Report has fairly and properly
apportioned the cost of the improvement to each parcel of land
in the assessment district in proportion to the estimated
benefits to be received by each parcel, respectively, from the
improvement. The Town Council hereby confirms and levies each
individual assessment as stated in the Amended Engineer's
2
Report.
9. This Town Council orders the improvement described
in paragraph 2 and as detailed in the Amended Engineer's Report.
10. 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
fourteen years from the second day of July next succeeding ten
(10) months from their date.
11. According to Section 10603 of the streets and
Highways Code, the Council designates the Finance Director to
collect and receive payment of the assessments.
12. The amount to be assessed against each of the
parcels or subdivisions of land shown on the Amended Report does
not exceed 75% of the market value of each of the properties
assessed after the construction of improvements; and the
appraisal of the market value of the properties to be assessed
on file in these proceedings is hereby adopted as the market
values of each of said parcels.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
ATT~~ _
R. L. KLEINERT, Town Manager/Clerk
Drafted: 6/15/83
3
RESOLUTION NO. 2124
RESOLUTION APPROVING AGREEMENT WITH
MARIN MUNICIPAL WATER DISTRICT
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
As a part of t~e proceedings for improvements in
Cibrian Drive Assessment District No. 83-1, Town of Tiburon,
Marin County, California, this Council approves that certain
agreement between the TOWN OF TIBURON and MARIN MUNICIPAL WATER
DISTRICT, dated June 15, 1983, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Manager/Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on June 15, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith
Rockey, Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS None
4
ATTE~
R. L. LEINERT, Town Manager/Clerk
---
Drafted: 6/15/83
RESOLUTION NO.2l23
RESOLUTION AMENDING RESOLUTION OF INTENTION
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
Resolution of Intention No. 2107, adopted by the
Town Council of the Town of Tiburon on May 4, 1983, is hereby
amended as follows:
The following paragraph is hereby deleted:
IISerial 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
fourteen (14) years from the second day of July
next succeeding ten (10) months from their date.1I
And the following paragraph is substituted therefor:
IISerial 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
nineteen (19) years from the second day of July
next succeeding ten (10) months from their date. II
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 15, 1983, by
the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith
Rockey, Spratling
COUNCILMEMBERS None
NOES:
ABSENT:
R. L.
Drafted 6/15/83
RESOLUTION NO. 2122
A ,RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ACCEPTING THE ROUND HILL ROAD
SLIDE REPAIR IMPROVEMENTS
WHEREAS, the Round Hill Road slide repair improvements
have been completed satisfactorily.
NOW, THEREFORE, BE IT-RESOLVE~ that such work be accepted
by the Town Council of the Town of Tiburon subject to any
p~avisions of the contract with W. A. Smith, General
Engineering Contractors, 37 Barcelona Court, San Ramon,
Califoamia.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 15 , 1983, by the
following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
R'L'~R/CLERK
--
Drafted: 6/8/83
RESOLUTION NO. 2121
A RESOLUTION OF THE TOWN COUNCIL OF THE TONN
OF TIBURON AUTHORIZING ABANDONMENT OF EASEMENT
1. In September of 1972, the Marin Municipal Water
District granted to the Town of Tiburon an easement for a
pedestrian walkway ove~ and along a strip of land 10 feet
wide and more particularly.describe.d in Exhibit "A" attached.
2. Thereafter, the Town determined that Massoud and
Jaleh A. Khosrowpanah (owners) who own the real property
located at 141 Sugar Loaf Drive, Tiburon, had encroached upon
the easement by installing improvements thereon.
3. The Town and owners now desire to resolve the dispute
that has arisen as the result of the alleged encroachment, and
its has been agreed that a fair compromise and settlement
thereof would be for owners to pay to the Town of Tiburon the
sum of $3,500.00 which the Town intends to use to install two
benches on certain Town property and to deposit the surplus
of said funds, if any, into the Town Open Space Acquisition Fund,
in return for which the Town will quitclaim any interest which
it has in said easement.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized,
upon receipt of the sum of $3,500.00 from owners, to execute
and record a quitclaim deed of all of the Town's right,
title and interest in and to that certain easement more
particularly described in Exhibit "A" attached hereto.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on June 15, 1983, by the following vote:
AYE S :
COUNC~LMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
NOES:
COUNCILMEMBERS: None
ABSENT: COUN~ILMEMBERS:
GARY
Town
Drafted: 6/1/83
RESOLUTION NO. 2120
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING PROPOSED USE FOR
CERTAIN SURPLUS PROPERTY
WHEREAS, the Town of Tiburon is in the process of acquiring
from the State Department of Transportation certain excess
real property, as show~ on the attached exhibit, and
WHEREAS, prior to the State's ruling on the sale, the Town,
as purchaser, is responsible for submitting the necessary
documentation before the consummation of sale; and
WHEREAS, in fulfillment of the requirements established
by the:'Califovnia Transportation Commission pertaining to the
transfer of title and said parcels to the Town, the Town Council
of the Town of Tiburon does hereby set for the public purposes
proposed for this site.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby propose the use for said
property as may be purchased as open space and recreational
purposes in fulfillment of the Town's General Plan commitment
to preserve the rural open character of Tiburon by maintaining
large areas of undeveloped land in a natural state.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on June 1, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Smith, Spratling
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
ATTEST:
Drafted: 5/27/83
RESOLUTION NO. 2119
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ADOPTING THE AMENDED AND RESTATED
JOINT POWERS AGREEMENT FOR THE BELVEDERE/
TIBURON JOINT RECREATION COMMITTEE & PROGRAM
WHEREAS, the Belvedere/Tiburon Joint Recreation Committee
has drafted an amended and restate~.Joint Powers Agreement
and incorporated all changes requested by the Town of Tiburon
and City of Belvedere.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon hereby approves and adopts the amended and
restated Joint Powers Agreement for the Belvedere/Tiburon
Joint Recreation Committee (attached hereto as Exhibit "A"]..
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on May l~ 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
R.L.~~LERK
Drafted: 4/29/83
'/.
RESOLUTION NO. 83-18
EXHIBIT A
AMENDED AND RESTATED JOINT POWERS AGREEMENT
FOR BELVEDERE-TIBURON JOINT RECREATION COMMITTEE & PROGRAM
This Agreement made and entered into this 11th day of April
1983, by and between the City of Belvedere (hereinafter "Belvedere) and the
Town of Tiburon (hereinafter "Tiburon") and pursuant to the provisions of
Government Code Section 6500, et seq. relating to joint exercise of powers.
RECITALS
A. That in June, 1975 Belvedere and Tiburon entered into a Joint Pow-
ers Agreement which established the BelvederejTiburon Joint Recreation Comm-
ittee (hereinafter "Committee").
B. Since that time the Committee has functioned pursuant to the origi-
nal Agreement as amended November 1982.
C. The parties now wish to amend their original Agreement and restate
the Agreement in its entirety.
NOW, THEREFORE, the parties hereto do agree as follows:
1. Purpose of Agreement. This Joint Powers Agreement (hereinafter
"Agreement") is entered into for the purpose of establishing a Recreation
Committee to formulate, administer and operate recreation and education pro-
grams and facilities for the residents of the Tiburon Peninsula.
2. Administering Agency. Pursuant to California Government Code Sec-
tion 6500 et seq., there is hereby created a public entity to administer and
execute this Agreement. Said administering agency shall be known as the Bel-
vederejTiburon Joint Recreation Committee (hereinafter the "Committee").
3. Powers of Committee. The Committee shall take all such steps as it
deems advisable and appropriate in its discretion to do the following:
(a) Initiate, plan, coordinate, maintain and operate recreation and edu-
cation programs for the primary benefit of residents of the Tiburon Peninsula.
(b) Administer and operate those recreation facilities designated by the
parties, i.e., tennis courts, playing fields, child care center, etc.
(c) In addition to programs initiated by the Committee, additional pro-
grams may be initiated by either of the parties hereto so long as the program
satisfies the provisions of this Agreement.
(d) The Committee shall have the power to charge fees for participation
in its programs.'
(e) The Committee shall have the power to appoint or employ such officers,
agents and professional services, or to contract for services, as may from
time to time appear reasonable and appropriate in the exercise of its powers
under this Agreement, and shall do all other acts necessary for the exercise
of the express common power and for the purpose specified in Section 1 hereof.
4. Membership of Committee. The Committee shall consist of seven (7)
members appointed as follows:
a. The governing body of the Town of Tiburon shall appoint three (3)
members to the Committee;
b." The City of Belvedere shall appoint three (3) members to the Committee;
c. A seventh member shall be designated an "at large" member and shall,
to the extent possible, be recommended by the Reed Union School District.
The appointment of the at large member shall be approved by the parties hereto.
d. Each member shall be subject to removal and replac~ment at the plea-
sure of the appointing government bOdy(ies).
5. Term. The term of each member shall be two (2) years. The terms of
the members shall be staggered so that no more than four (4) terms expire dur-
ing anyone (1) fiscal year.
6. Committee Officers. The Committee shall select a chairperson and
vice chairperson whose terms shall run for one (1) year, commencing on July 1.
The Committee shall hold regular meetings, at least once monthly, and special
meetings as may be called pursuant to the Bylaws.
7. Bylaws. The Committee shall adopt Bylaws which make provisions for
the calling and conduct of meetings, casting of votes, appointment of Officers
and other matters normally contained in Bylaws, all to be consistent with the
Ralph M. Brown Act (Section 54900, et seq. of the Government Code) and all
other applicable State Statutes.
8. Financial Responsibility. The parties hereto shall be responsible
for all obligations incurred by the Committee in the exercise of its powers.
The parties shall share the financial responsibility as follows (to be periodi-
cally revised to reflect the ratio between the populations between the parties
hereto) :
Belvedere: 33 1/3%
Tiburon: 66 2/3%.
9. Treasurer and Controller. Pursuant to the provisions of Government
Code Section 6505.5, the Treasurer of the Committee shall be the Towh of Tiburon.
The Treasurer shall be the depository and have custody of all the money of the
Committee from whatever source. The Auditor of the Committee shall be 'I'iburon.
Tiburon shall draw warrants and pay demands against the Committee, when the de-
mands have been approved by the Committee, or the Officers of the Committee who
may be designated by it from time to time. Tiburon shall render reports of all
receipts and disbursements as required by the Bylaws and Government Code Section
6505.5.
10. Independent Contractors. The Committee may, within its discretion,
contract with independent consultants or individuals to perform administrative
and/or operational functions of the Committee. Before entering into any con-
tract with such independent consultants or individuals, the Committee shall have
the form of contract to be executed approved by Tiburon and Belvedere. Each in-
dependent contractor shall provide to the Committee prior to execution of the
contractor's contract, proof of automobile liability coverage for public lia-
bility and property damage, in an amount acceptable to Tiburon and Belvedere.
11. Office Space and Services. The Committee shall pay for services ren-
dered to or on behalf of it or for space or facilities provided to it by the
parties at the parties' cost or for that compensation which is agreed to by the
Committee and the party rendering the service or providing the space, or faci-
lity, whichever is less.
12. Supervision of Committee. Each of the parties hereto shall designate
one member of its governing body to serve as an advisor and liason between the
Committee and the parties. If emergencies arise which must be dealt with by the
parties prior to a scheduled meeting of the governing bodies of the parties, the
Committee shall immediately contact the advisors and their decision shall be final.
13. Budget. The Committee shall prepare an annual budget using a July 1
through June 30 fiscal year, and said budget shall be submitted to the parties for
approval at least sixty (60) days prior to the beginning of the fiscal year.
14. Liability of Committee and Committee Members, Employees and Independent
Contractors. During the term of this Agreement, the parti~s agree to be liable
for damages on account of bodily injury, including death therefrom, suffered or
alleged to be suffered by any person or persons whomsoever, resulting directly
or indirectly from any act or activity of the Committee, the Committee members,
Committee employees or independent contractors of the Committee, or any person
-2-
. t
acting for or under the Committee's direction or control, if said act or act-
ivities occurs in the course of representing the Committee or performing the
duties of the Committee, and also to protect against loss from liability im-
posed by law for damages to any property of any person caused directly or in-
directly by such acts. Said protection shall also include the costs of def-
ending any such Committee member, employee, independent contractor or person
acting under the Committee's control or direction. Said liability sharing
formula shall be as follows (to be periodically revised to reflect the ratio
between the populations of the parties hereto):
'l;'iburon:
Belvedere:
66'2/3%
33 1/3%.
15. Liability for Obligations of Committee. The parties shall be liable
for the debts and obligations of the Committee as follows (to be periodically
revised to reflect the ratio between the populations of the parties hereto):
Tiburon:
Belvedere:
66 2/3%
33 1/3%.
16. Term: Termination. This Agreement shall be for an indefinite term,
and may be terminated only by at least sixty (60) days written notice by either
party to the other party.
17. Entire Agreement. This document constitutes the entire agreement be-
tween the parties as to the subject matter thereof, and may be altered or amen-
ded only by an instrument in writing duly executed by both parties.
18. Successors. This Agreement shall be binding upon and shall inure to
the benefit of the successors to the parties hereto.
19. Modification or Suspension. In the event State or Federal ~aws or
regulations, enacted after the effective date of this Agreement, prevent or
preclude compliance with one or more provisions herein, such provisions shall
be modified or suspended as may be necessary to comply with such laws or regu-
lations.
20. Notice Pursuant to Government Code ~6503.5. Within 30 days after the
execution of this Agreement, the Committee shall cause a notice of the Agree-
ment to be prepared and filed with the office of the Secretary of State, as re-
quired by California Government Code 86503.5.
21. Effective Date; Prior Agreement; Severability. This Agreement shall
become effective on the first day of the month immediately following adoption
of this Agreement by the governing bodies of Belvedere and Tiburon. Upon the
effective date hereof, this Agreement shall supercede and replace the prior
Joint Powers Agreements, dated June 23, 1975 and November II, 1982.
I do hereby certify that the foregoing Amended and Restated Agreement for
Joint Exercise of Powers was approved by resolution of the Town Council of the
Town of Tiburon, numbered resolution , adopted on
1983, and the Mayor authorized to execute it on behalf of said Town.
(Seal)
I do hereby certify that the foregoing Amended and Restated Joint Powers
Agreement was approved by resolution of the City Council of the City of Belvedere,
numbered resolution al~~, adopted on April 11 , 1983, and the Mayor
authorized to execute it on behalf of said City. ,
d~~
(Seal)
of Belvedere
.) . .
CITY OF BELVEDERE
RESOLUTION NO. 83-18
ADOPTING AMENDED AND RESTATED JOINT POWERS AGREEMENT
FOR
BELVEDERE/TIBURON JOINT RECREATION COMMITTEE & PROGRAM
WHEREAS, the Belvedere/Tiburon Joint Recreation Committee
has drafted an amended and restated Joint Powers Agreement and
incorporated all changes requested by Belvedere and Tiburon;
NOW, THEREFORE, BE IT RESOLVED that the Belvedere City
Council hereby approves and adopts the amended and restated Joint
Powers Agreement for the Be1vedere-Tiburon Joint Recreation Program
(attached hereto as Exhibit A).
BE IT FURTHER RESOLVED that Resolution No. 82-45 adopted
November 11,1982 is hereby rescinded.
PASSED AND ADOPTED this 11th day of April, 1983, by the
City Council of the City of Belvedere by the following vote:
AYES: Farley, Smith, Gnoss, Boeselr Gordon
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
J~).~
Sandra Y. Marker, City Clerk
RESOLUTION NO. 2LLa
A 'RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ACCEPTING THE MAIN STREET/ALCATRAZ
AVENUE SLIDE REPATR IMPROVEMENTS
WHEREAS, the Main Street/Alcatraz Avenue Slide Repair
improvements have been completed satisfactorily.
NOW, THEREFORE, BE IT RESOLVED that such work be accepted
by the Town Council of the~Town of-Tiburon subject to any
provisions of the contract with Maher Construction Co., Inc.,
1324 Lemon Street, Vallejo, Califo~nia.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on M~y lR , 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
R.
Drafted: 5/12/83
RESOLUTION NO. 2117
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING APPLICATION FOR MASTER PLAN
APPROVAL OF BUILDING LOCATED AT 1609 TIBURON BLVD.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON AS
FOLLOWS:
Section 1. FINDINGS.
A. David Wagner, applicant, has heretofore submitted an
application which seeks approval of a Master Plan for the purpose
of remodeling a portion of the property commonly known as 1690
Tiburon Boulevard in order to change the use of a part of the
building from that of a retail grocery store to that of a family
entertainment center.
B. The proposed master plan provides, among other things,
for the installation of 27 commercial amusement devices
notwithstanding the fact that the provisions of recently enacted
Ordinance No. 266 N.S., adopted February 16, 1983, as an
amendment to the Zoning Ordinance, provide that no more than 8
commercial amusement devices shall be maintained in anyone
business establishment.
C. The PD Zone regulations provide, among other things,
that in order to approve a master plan, the Council must find
that the proposed use, "will not be detrimental to present and
potential uses, but will have a beneficial effect". Upon
consideration of the evidence, the testimony presented at tqe
hearing, and the record, the Council finds that the proposed use
would be detrimental to present and potential surrounding uses in
that it would result in, among other things, undue congestion of
public thoroughfares (sidewalks and streets) and create
undesireable traffic problems among motorists, pedestrians and
bicyclists.
D. In view of the provisions of Ordinance No. 266 N.S.,
referred to above, the Council must make the findings required by
state law, and 17 of the zoning ordinance, pertaining to the
granting of variances, in order to approve the master plan as
herein proposed. The applicant has failed to produce evidence,
and the record contains none, which would enable the Council to
make and base such necessary findings.
Section 2. DISAPPROVAL.
For the reasons and based upon the findings hereinabove set
forth, the application of David Wagner for approval of the Master
Plan heretofore submitted to remodel and change the use of the
building at 1690 Tiburon Boulevard is denied.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 18, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith,
Rockey, Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 2116
RESOLUTION ACCEPTING REPORT AND
SETTING HEARING OF PROTESTS
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
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 Mountain View Drive Undergrounding Assessment District, 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 WedneSday, June 15,
1983, at the Hilarita Apartments Community Room, 100 Ned's Way,
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.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
COUNCILMEMBERS
Smith, Rockey
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Mayor
Town of
Drafted: 5/4/83
RESOLUTION NO. 2115
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
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 removal of existing overhead electrical and
communication facilities on Mountain View Drive
and the replacement thereof with underground
electrical and communication facilities to
include the following:
1. Excavating, backfilling, and paving common
trench.
2. Installation of conduits and appurtenances.
3. Conversion of electricity service, telephone
service and cable television service.
4. Removal of existing overhead facilities.
The construction, reconstruction, relocation or
conversion of electric or communication
facilities, located upon any lot or parcel of
land within the assessment district for which the
owners of such lots or parcels of land within
said assessment district shall have filed a
written request for said construction,
reconstruction, relocation or conversion of
improvements and acquisitions of any
rights-of-way in accordance with the provisions
of Section 5896.14 of the Streets and Highways
Code of the State of California.
This Council finds that the land specially
benefited by the improvement is shown within the boundaries
of the map entitled, "Proposed Boundaries of Mountain View
Drive Undergrounding Assessment District, 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 Mountain View Drive Undergrounding Assessment
District, 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 maybe done on private
property for this purpose with the written consent of the
landowner.
This Council intends to enter into an agreement
with Pacific Gas and Electric Company, Pacific Telephone
and Telegraph Company, and Tele-Vue System, Inc., dba
Viacom, under the provisions of Section 10110 of the
Streets and Highways Code, inasmuch as certain facilities
included in the improvement are to be under their
ownership, management and control.
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 fourteen (14) years from the second day of July next
succeeding ten (10) months from their date.
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.
In the opinion of this Council, the public
interest will not be served by allowing owners of
assessable lands to enter into a contract for the work of
improvement as otherwise permitted in Section 10502.2 of
2
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 disbursed in accordance with
the provisions of Section 10427 of the Streets and Highways
Code.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
COUNCILMEMBERS
Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
None
NO~~ 4q~
Mayor I
Town of Tiburon
NOES:
COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Drafted: 5/4/83
RESOLUTION NO. 2114
RESOLUTION APPROVING BOUNDARY MAP
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
A map entitled "Proposed Boundaries of Mountain View
Drive Undergrounding Assessment District, 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 Mountain View Drive Undergrounding Assessment District, 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 Districts.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
COUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
ATTE~~
R. L. KL INERT, Town Manager/Clerk
Drafted: 5/4/83
RESOLUTION NO. 2113
RESOLUTION ACCEPTING PETITION
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
Certain owners of real property have filed with the
/
/
Clerk of this body a petiLion, si~ned 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.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
NOES:
COUNCILMEMBERS None
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
ABSENT: COUNCILMEMBERS
R.
Drafted: 5/4/83
RESOLUTION NO. 21]1
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement
between the TOWN OF TIBURON and STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation, for services of that firm as Special
Bond Counsel for Mountain View Drive Undergrounding Assessment
District, Town of Tiburon, Marin County, California, dated May
4, 1983, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
COUNCILMEMBERS None
NOES:
ATTEST:
ABSENT: COUNCILMEMBERS None
R.
Drafted: 5/4/83
AGREEMENT FOR LEGAL SERVICES
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
TOWN OF TIBURON
This is an agreement for legal services between the
TOWN OF TIBURON, a municipal corporation of the State of
\
California, referred to as Client, and STURGIS, NESS, BRUNSELL &
SPERRY a 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 Mountain View
Drive Undergrounding Assessment District, 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.
(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
the printing of a bond register and, if required,
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.
2. The services of Bond Counsel under this agreement
shall not include the f~llowing:
(a) Legal services in connection with the acquisition
of interests in real property, either through
negotiation or through exercise of the power of
eminent domain.
(b) Legal services in connection with litigation.
The performance by Bond Counsel of services excluded
by this paragraph, if required by Client, shall be
under separate oral or written agreement.
3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the following fee
and costs:
(a) The legal fee of Bond Counsel shall be a scaled
percentage of the 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. The fee shall be
not be less than $1,500.
(c) Costs shall be reimbursed to Bond Counsel as
follows:
1) The cost of transportation, meals and
lOdging.
2) The cost of preparing auditor's record,
if required: 7 cents per assessment for each
year of the bond issue, with a minimum of
$30.00.
3) The cost of long distance telephone
calls: at billed cost.
4) Tqe cost of photocopying: 10 cents per
sheet.
The cost of other services for which Bond Counsel
makes arrangements under this agreement (such as bond
printing costs) shall be billed to the Client and
shall be paid by Client directly to the payee.
(d) Payment by Client of the legal fee is contingent
upon the 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.
2
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: May 4, 1983
TOWN OF TIBURON, a municipal
~~f~~~;:1d;
Mayo
By
Ro
STURGIS, NESS, BRUNSELL & SPERRY
a profe sional corporation
~
3
RESOLUTION NO. 21]2
RESOLUTION CALLING FOR CONSTRUCTION BIDS
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
1. This Town Council has given preliminary approval
to the report of the Engineer of Work for improvements in
Cibrian Drive Assessment District No. 83-1, Town of Tiburon,
Marin County, California. The report includes plans and
specifications for the construction of improvements described in
the report.
2. The Town of Tiburon will receive sealed proposals
for this construction not later than 2:00 P.M. on Tuesday, May
31, 1983, in the office of the Engineer of Work, Rhodes and
Gardner, Inc., located at 319 Miller Avenue, Mill Valley,
California. At that time and place the sealed proposals will be
publicly opened, examined and declared.
3. The Town Council reserves the power in its
discretion to reject all proposals. The award of construction
contract, if made, shall be made to the lowest responsible
bidder within the time fixed in the specifications (or any
extension of time agreed to by the Town of Tiburon and the
lowest responsible bidder).
4. The Town Clerk is directed to publish a notice
inviting sealed proposals in THE ARK, in accordance with the
Municipal Improvement Act of 1913. The Engineer of Work is
authorized to give additional notice and to distribute
additional information as necessary in the judgment of the
Engineer of Work, to secure competitive bidding.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
NOES:
COUNCILMEN None
COUNCILMEN Edelstein, Bergmann, Smith, Rockey,
Mayor Spratling
ABSENT: COUNCILMEN None
Drafted: 5/4/83
2