HomeMy WebLinkAboutTC Res 1983 (January thru May)
RESOLUTION NO. 2110
RESOLUTION ACCEPTING REPORT AND
SETTING HEARING OF PROTESTS
Cibrian Drive Assessment District No. 83-l
The Town Council of the Town of Tiburon resolves:
1. At the direction of this Council, RHODES AND
GARDNER, Engineer of Work for improvement proceedings in Cibrian
Drive Assessment District No. 83-1, 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 8:00 P.M. on Wednesday, June 15,
1983, in the Hilarita Community Room, at 1155 Tiburon Boulevard,
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 May 4, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN
None
M~
Drafted: 5/4/83
RESOLUTION NO. ?lOq
RESOLUTION APPROVING AGREEMENT
FOR SOILS ENGINEERING SERVICES
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement
between the Town of Tiburon and DONALD HERZOG AND ASSOCIATES,
INC. for services as Soils Engineer for Cibrian Drive
Assessment District No. 83-1, dated the 4th day of May, 1983,
and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
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PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 4, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Smith, ROC~€Y
Mayor Spratling
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN None
R.
Drafted: 5/4/83
AGREEMENT FOR SOILS ENGINEER
Cibrian Drive Assessment District No. 83-1
Town of Tiburon, Marin County, California
This is an agreement for soils engineering services
between the TOWN OF TIBURON, a municipal corporation of the
State of California, referred to as Client, and DONALD
HERZOG AND ASSOCIATES, INC., referred to as Soils Engineer.
1. Client retains Soils Engineer for the Cibrian
Drive Assessment District No. 83-1, Town of Tiburon, Marin
County, California, to perform the following services:
a.. Observation and ap2roval of keyway
excavation and subdrain installation in
slide repair and fill areas.
b. Observation and testing of fill placement.
c. Observation of footing excavations for road-
way retaining walls.
d. Observation and testing of retaining wall
backdrains and backfill.
e. Observation and testing of roadway sub-
grade and base rock.
f. R Value testing of roadway subgrade to verify
asphalt pavement design.
g. Observation and testing of utility, storm and
sewer trench backfill.
h. Final report at completion of construction.
2. In consideration of the services set forth in
paragraph 1, Client shall pay to Soils Engineer the sum of
Nine Thousand Dollars ($9,000.00.)
In no event, however, will the compensation of Soils
Engineer exceed the amount set forth for that purpose in the
Engineer's Report, or any Amended Report filed in the
Cibrian Drive Assessment District No. 83-1.
Payment by Client of the soils engineering fee is contin-
gent upon the levy of assessments and the sale and delivery of
improvement bonds representing unpaid assessments in the assess-
ment district. If for any reason assessments are not confirmed
and bonds delivered, Soils Engineer shall be paid no soils
engineering fee. Soils engineering fee is payable upon delivery
of the bonds.
3. GENERAL CONDITIONS
Services ,performed by Soils Engineer under this agreement will
be conducted in the manner consistent with that level of care
and skill ordinarily exercised by members of the profession
currently practicing under similar conditions. No other
warranty or guarantee, .either expressed or implied is made or
intended.
Soils Engineer shall not be responsible for job
safety, or for supervising work of contractors. Soils Engineer
will observe and test during construction on an as-called basis.
Soils Engineer cannot accept responsibility for, nor offer
opinions on work that it is not notified to observe. Soils
Engineer should be notified at least 48 hours before the beginning
of each phase of work requiring observation or testing, and upon
resumption after interruptions.
4. Soils Engineer certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the assessment district, except as Soils
Engineer under this agreement. Soils Engineer does not repre-
sent any owner of property within the proposed boundaries of
the assessment district, and has not received a fee from any
source for services connected with the project.
DATED: 6l4(~~
ATTEST:
TOWN OF TIBURON, a municipal
~~~~!~:~f
ROBERT L. KLEINERT,
?$Jl~
DONALD HERZOG AND ASSOCIATES, INC.
By
2
RESOLUTION NO. 2]08
RESOLUTION DIRECTING RECORDING OF BOUNDARY MAP
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
A map entitled "Proposed Boundaries of Cibrian Drive
Assessment District No. 8~-1, Town of Tiburon, County of Marin,
State of California, has been filed with the Town Clerk and was
approved by the Town Council on the 20th day of April, 1983, by
its Resolution No.
20QQ
,
This Council directs the Town Clerk to certify the
adoption of that 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.
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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:
COUNCILMEN Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN None
Drafted: 5/4/83
RESOLUTION NO. 2107
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
'CIBRIAN DRIVE ASSESSMENT DISTRICT NO. 83-1
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:
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.
This Council finds that the land specially benefited
by the improvement is shown within the boundaries of the map
entitled, Proposed Boundaries of Cibrian Drive Assessment
District No. 83-1, Town of Tiburon, County of Marin, State of
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 Cibrian
Drive Assessment District No. 83-1, 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 to enter into agreements with the
fOllowing entities, 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:
Marin Municipal Water District
Pacific Gas & Electric Company
Pacific Telephone & Telegraph Company
Tele-Vue Systems, Inc.,dba Viacom
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 RHODES and GARDNER, INC. 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 the Streets and Highways Code.
The amount of any surplus remaining in the improvement
2
fund after completion of the improvement and payment of all
claims shall be disbursed in accordance with the provisions
of Section l0427 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 May 4, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Smith, Rockey
Mayor Spratling
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN None
ATTES/P~__
R. L. KLEINERT, Town Manager/Clerk
Drafted 5/4/83
3
RESOLUTION NO. 2106
, A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAIMING THE MONTH OF
MAY AS SENIOR CITIZEN MONTH
WHEREAS, President Regan has issued a proclamation
officially designating Mayas Older Americans' Month, and
WHEREAS, this year's -theme is. "Older Amer icans: Our Key to
the Future", and
WHEREAS, older residents of the Town of Tiburon have made
and continue to mak~ significant contributions to the Tiburon
Community.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby officially recognize these
outstanding local citizens and proclaims Mayas "Older Amercians'
Month" in the Town of Tiburon.
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, Spratling
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS :
ATTEST:
Drafted: 5/3/83
RESOLUTION NO. 2105
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DESIGNATING CERTAIN ROADS
TO, BE IN THE FEDERAL-AID URBAN SYSTEH
WHEREAS, under regulations issued by the Secretary of
Transportation under the Federal-Aid Highway Act (Title 23
U.S. Code), the Town of Tiburon with the concurrence of the
California Department of Transportation, has been designated
to select a Federal-Aid Urban System in this Town.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town
Council of the Town of Tiburon, State of California, that:
1. This Council concurs in and approves the roads
as graphically shown on EXHIBIT A and as designated
in EXHIBITS Band C (all exhibits being attached
hereto and hereby made a part of this Resolution) as
additions to and deletions from the Federal-Aid
Urban System eligible for Federal-Aid in the Town
of Tiburon, State of California, subject to the
concurrence of the California Department of
Transportation and approval of the Federal Highway
Administrator.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on ApriI20,1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith,
Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~K<<;
DENNIS ROCKEY, MAY
TOWN OF TIBURON
ATTE:ST:
~~
R. L. KLEINERT, TOWN MANAGER/CLERK
------
Drafted: 4/13/83
RESOLUTION NO. 2104
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON DECLARING A PUBLIC
NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. Pursuant to Section 38773 of the Government Code of the State
of California, the Town of Tiburon did adopt Ordinance No.
192 N.S. to provide for the summary abatement of any nuisance
and establishing procedures therefore.
B. It has been found that a landslide exists upon certain
property located at 120 Redhill Circle, described as Lot 9 of
Redhill Unit No.2, Recorded Map, Book 10, Page 74, (A.P. 58-
21l-0l).
C. The aforementioned landslide is detrimental to the public
health, safety and welfare of the citizens of Tiburon, in
that the landslide is undermining a public right-of-way and
encroaching upon surrounding properties.
D. The owners of the subject property have made minor attempts
to repair the damage but have not evidenced an inclination to
begin the major repair work.
NOW, THEREFORE, BE IT RESOLVED that the Town Council o~ the
Town of Tiburon finds and does declare that the landslide on that
certain property located at 120 Redhill Circle, descibed as Lot 9
of Red Hill Unit No.2, Recorded Map, Book 10, Page 74, (A.P. 58-
211-01) is a public nuisance and does order that the Town
Attorney proceed to abate the subject nuisance by the repair of
the landslide as provided by law, work to commence no later than
May 20, 1983.
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does order that the costs of the abatement will be
assessed upon the described property and shall constitute a lien
upon such property until paid.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon held on April 20, 1983 by the following
vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Spratling
Smith, Rockey
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
Ut:-s~
DENNIS ROCKEY, Ma or
Town of Tiburon
RESOLUTION NO. 2103
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON DECLARING A PUBLIC
NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findinqs
A. Pursuant to Section 38773 of the Government Code of the State
of California, the Town of Tiburon did adopt Ordinance No.
192 N.S. to provide for the summary abatement of any nuisance
and establishing procedures therefore.
B. It has been found that improper drainage and improvements
exist upon certain property located at 15-17 Racoon Lane,
described as portions of Lot 40, Rancho Corte Madera Del
Presidio, Lots 1 and 2 of Recorded Parcel Map, Book 19, Page
83, (A.P. 59-07l-31).
c. The aforementioned improper drainage and improvements are
detrimental to the public health, safety and welfare of the
citizens of Tiburon, in that the drainage problems are
encroaching upon surrounding properties.
D. The owner of the subject property has made attempts to
correct the drainage but has not completed the repair work.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon finds and does declare that the improper drainage
and improvements on that certain property located at 15-17 Racoon
Lane, described as portions of Lot 40 Rancho Corte Madera Del
Presidio, Lots 1 and 2 of Recorded Parcel Map, Book 19, Page 83,
(A.P. 59-071-31) is a public nuisance and does order that the
Town Attorney proceed to abate the subject nuisance by the
correction of the drainage and improvements as provided by law,
work to commence no later than May 20, 1983.
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does order that the costs of the abatement will be
assessed upon the described property and shall constitute a lien
upon such property until paid.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon held on April 20, 1983 by the fOllowing
vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Spratling
Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~
RESOLUTION NO. 2]02
~SOLUTION REQUESTING JURISDICTION OF THE
BOARD OF SUPERVISORS OF MARIN COUNTY
Cibrian Drive Assessment District NO. 83-1
The Town Council of the Town of Tiburon resolves:
The Town Council proposes to adopt a Resolution
of Intention, a copy of which is annexed hereto, marked
Exhibit A, and by reference incorporated herein as though
fully set forth.
Certain of the work proposed to be done lies
within the territory of the County of Marin.
The area of the County of Marin which lies within
the proposed assessment district will, in the opinion of
the Town Council of the Town of Tiburon, be benefited by
the improvements referred to in the proposed Resolution of
Intention, and the purposes sought to be accomplished by
the work can best be accomplished by a single,
comprehensive scheme of work.
The Resolution of Intention, attached as Exhibit
A, is hereby adopted as the proposed Resolution of
Intention for the improvement referred to.
The consent of the County of Marin, through its
Board of Supervisors, is hereby requested to the formation
of the district described in said Resolution of Intention,
to the improvement described, and to the assumption of
jurisdiction by this Town Council for all purposes in
connection with the formation of this assessment district,
the improvements to be made and the assessment of property
within the boundaries of the proposed district.
The Town Clerk is hereby directed to transmit a
certified copy of this resolution with the proposed
Resolution of Intention attached, and a certified copy of
the map showing the boundaries of the district, to the
Clerk of the Board of Supervisors of County of Marin.
~
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PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 20, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Spratling, Smith
Rockey
COUNC I LMEN No ne
NOES:
ABSENT: COUNCILMEN None
tt-.s~A.
Mayor "
Town of Tiburon
Drafted: 4/20/83
2
RESOLUTION NO.
'RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
CIBRIAN DRIVE ASSESSMENT DISTRICT NO. 83-1
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:
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.
This Council finds that the land specially benefited
by the improvement is shown within the boundaries of the map
entitled, Proposed Boundaries of Cibrian Drive Assessment
District No. 83-1, Town of Tiburon, County of Marin, State of
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 Cibrian
Drive Assessment District No. 83-1, 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.
EXHIBIT A
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 to enter into agreements with the
following entities, 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:
Marin Municipal Water District
Pacific Gas & Electric Company
Pacific Telephone & Telegraph Company
Tele-Vue Systems, Inc., dba Viacom
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 RHODES and GARDNER, INC. 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
2
permitted in Section 10502.2 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 transferred to the general fund if the surplus
does not exceed the lesser of one thousand dollars ($1000) or
five percent (5%) of the total amount expended from the fund.
Otherwise the entire surplus shall be applied as a credit on the
assessment as provided in Section 10427.1 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 1983,
by the following vote:
AYES:
COUNCILMEN
NOES:
COUNCILMEN
ABSENT: COUNCILMEN
Mayor
Town of Tiburon
ATTEST:
R. L. KLEINERT, Town Manager/Clerk
Drafted:
3
RESOLUTION NO. 2101
RESOLUTION APPROVING AGREEMENT
FOR ENGINEERING SERVICES
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement
between the Town of Tib~ron and-Rhodes and Gardner, Inc. for
services as Engineer of Work for Cibrian Drive Assessment
District No. 83-1, Town of Tiburon, Marin County, California,
dated the 20th day of April, 1983, and attached to this
resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
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PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 20, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Spratling, Smith
Rockey
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN
None
~'~~
Mayor ~
Town of Tiburon
ATTE~~
R. L. KLEINERT, Town Manager/Clerk
Drafted: 4/20/83
RESOLUTION NO. 2100
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
This Town Council approves that certain agreement
between the Town of Tib~ron and STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation, for services of that firm as Special
Bond Counsel for Cibrian Drive Assessment District No. 83-1,
Town of Tiburon, Marin County, California, dated April 20, 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 April 20, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Spratling, Smith
Rockey
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN
None
Ma!lllw-S ,?~
Town of Tiburon
R
Drafted: 4/20/83
AGREEMENT FOR LEGAL SERVICES
CIBRIAN DRIVE ASSESSMENT DISTRICT NO. 83-1
TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA
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 Cibrian Drive
Assessment District No. 83-1, Town of Tiburon, Marin County,
California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Municipal Improvement Act of 1913, including the
legal format of the engineer's report required by
Section 10204.
(b) The preparation of written instructions to
Client's Clerk and other staff members concerning
the performance of legally-required duties.
(c) Review of documents prepared by Client's
engineering staff or consulting engineers,
including boundary map, assessment diagram,
assessment roll, and the general provisions of
construction specifications.
(d) Attendance at the public hearing on the
engineer's report (including continuances of the
hearing, if any).
(e) Attendance at all other public meetings of Client
at which matters relating to the assessment
district are considered, except routine matters.
(f) Attendance at staff meetings or meetings of
property owners, upon the request of the Client,
after reasonable notice.
(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 following:
(a) Legal services in connection with the acquisition
of interests in real property, either through
negotiation or through exercise of the power of
eminent domain.
(b) Legal services in connection with litigation.
The performance by Bond Counsel of services excluded
by this paragraph, if required by Client, shall be
under separate oral or written agreement.
3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the following fee
and costs:
(a) The legal fee of Bond Counsel shall be a scaled
percentage of the 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 (l%) 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) The 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
2
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.
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: April 20, 1983
TOWN OF TIBURON, a municipal
corporation of the State of
California
BY~~~
ayor
ATTEST:
STUR ,NESS, BRUNSELL & SPERRY
ofessional corporation
'~ ie.a
3
RESOLUTION NO'20Qq
RESOLUTION APPROVING BOUNDARY MAP
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
A map entitled "Proposed Boundaries of Cibrian Drive
Assessment District No. ~3-1, Town of Tiburon, County of Marin,
State of 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 Cibrian Drive Assessment District No. 83-1, 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.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 20, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Spratling, Smith
Rockey
COUNCILMEN None
NOES:
ABSENT: COUNCILMEN
None
~sJ?~_______
Mayor
Town of Tiburon
R. Manager/Clerk
Drafted: 4/20/83
RESOLUTION NO. 7-098
RESOLUTION ACCEPTING PETITION
Cibrian Drive Assessment District No. 83-1
The Town Council of the Town of Tiburon resolves:
Certain owners of real property have filed with the
Clerk of this body a petition, s~gned 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 April 20, 1983
by the following vote:
AYES:
COUNCILMEN Edelstein, Bergmann, Spratling, Smith
Rockey
COUNCI LMEN None
NOES:
ABSENT: COUNCILMEN
None
~R~
Mayor
Town of Tiburon
Manager C erk
Drafted: 4/20/83
2
RESOLUTION NO. 2097
'A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON GRANTING A TEMPORARY USE PERMIT TO
THE SOUTHERN PACIFIC RAILRAOD TO OPERATE A PARKING
LOT IN DOWNTOWN TIBURON SUBJECT TO CERTAIN CONDITIONS
WHEREAS, the Southern Pacific Railroad, through its agents and
subsidiaries has operated a temporary parking facility for
approximately 100 cars -in downtown Tiburon since 1968; and
WHEREAS, the said railroad has requested that the Use Permit be
renewed; and
WHEREAS, the Town has determined that certain conditions should
be imposed on the granting of a Use Permit concerning the operations
of said parking lot;
NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does
grant to the Southern Pacific Railroad, or its agents, a Use Permit to
operate a parking lot for 350 cars on its property in downtown Tiburon
under the following conditions:
1. That the said Use Permit shall expire one year from the date
of this Resolution.
2. That the landscaping and fencing be maintained in a neat,
healthy, and weed-free condition satisfactory to the Director
of Community Development.
3 That at least four (4) handicapped stalls a minimum 9f 12 feet
wide shall be provided near pedestrian exits without
obstruction.
4. That no valet parking be permitted in the lot.
5. That the old Fig Tree and the old Palm Tree, both in the area
of the lot, be protected.
6. That the Town may place bicycle racks in and around the lot
for the use of commuters and tourists.
7. That the lot be maintained in a neat, orderly and proper
manner.
8. That no parking be permitted outside the area designated on
the Northwestern Pacific Railroad drawing T-24426,attached to
Resolution No. 851.
9. Failure to meet the conditions shall result in the revocation
of this Use Permit upon 30 days notice to the railroad by the
Town.
PASSED AND ADOPTED at a regular meeting of the Town Council on
April 6, 1983, by the following vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Rockey
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
r
Date drafted: 3/30/83
RESOLUTION NO. 2096
A RESOLUTION OF THE TOWN COUNCIL OF THE TOTlli
OF' TIBURON ORDERING A REORGANIZATION OF TERRITORY
PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965
l. The Marin Local Agency Formation Commission adopted a
Resolution making determinations (Resolution No. 83-1, adopted
January 13, 1983) approving said reorganization and designating
the Town of Tiburon as the conducting agency for further
proceedings.
2. This application was accompanied by written consent
signed by two of the three owners of land within the territory
proposed for reorganization and the Local Agency Formation
Commission authorized the conducting agency to complete further
proceedings.
3. Said reorganization, known as Norman Annexation No. 2
consists of annexation to the Town of Tiburon.
4. The subject territory which is uninhabited is located in
the County of Marin and is more specifically described in the
map and legal description attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that: A) Norman Annexation
No. 2 is hereby approved and is subject to standard terms and
conditions as stipulated by the Marin Local Agency Formation
Commission; and B) The Clerk of the Town of Tiburon is hereby
directed to file a certified copy of this Resolution with the
Executive Officer of the Local Agency Formation Commission of
the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on April 6, 1983, by the following vote:
AYES: COUNCIL~ffiMBERS: Edelstein, Bergmann, Rockey
NOES: COUNCIL~ffiMBERS: None
ABSENT: COUNCIL~ffiMBERS: Spratling, Smith
~i~~
DENNIS ROCKEY, MA R
Town of Tiburon
ATTEST:
<if/dJ/
R.L. K NERT, TOWN MANAGER/CLERK
Drafted: 3/21/~3
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. . .},. "'~;-<VI
RESOLUTION NO. 2095
,A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE HEXAN DEVELOPMENT
PRECISE PLAN/TENTATIVE MAP
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findinqs.
A. Hexan Corporation, as developer, has submitted a Precise
Plan/Tentative Map to develop 7 units on approximately 8.6 acres
of land off an extension of Cibrian Drive off Taylor Road in the
northwest portion of the Town of Tiburon.
B. The application for the Precise Plan/Tentative Map consists of
the following:
Maps: a) Maps numbered 1-8 entitled Existing Site Conditions,
Site Sections and Legends, Precise Plan, Landscape Improvement
Plan, Grading and Street Improvement Plan, Composite Utility Plan,
Geotechnical Map, Plate 1, Relative Stability Map, and a Tentative
Map prepared by D. Hugh Gregory Coleman and Associates.
C. An Environmental Impact Report for this project was prepared by
Torrey and Torrey, Inc. and it has been reviewed and certified by
the Commission and Town Council.
D. A Master Plan for the development of 7 lots has been reviewed and
approved by the Commission and Town Council.
E. The Commission and Town Council has held duly noticed public
hearings on the application.
F. The Town Council has reviewed the Environmental Impact Report
prepared for the project, which identifies certain significant
environmental effects which cannot be avoided if the proposal is
implemented, but notes that it is possible to substantially reduce
and possibly eliminate some of the environmental effects if
mitigations are incorporated into the proposed project.
G. The Planning Commission and Town Council find that the Precise
Plan as herein conditioned is in substantial conformance with the
Master Plan.
Section 2 Approval
The Precise Plan/Tentative Map described above is approved, subject to
the conditions and requirements set forth herein:
1. The appropriate mitigation measures as contained in the Final
Environmental Impact Report and the Paradise Cay Traffic Study,
dated January, 1983, and as approved by the Town Council on
February 22, 1983 (with the exception of 1 a, b, h, i and k, which
should be changed to read "Prior to approval of the Final
Map,...") shall be required as conditions of approval.
2. Applicant shall comply with all applicable subdivision regula-
tions including Final Subdivision Maps, which shall be submitted
in accordance with all requirements of the Town Engineer.
3. All utilities serving the development shall be underground.
4. All utilities shall be guaranteed by the serving district or
comply in writing prior to the recordation of the Final Map.
5. Applicant shall comply with the requirements of the Marin
Municipal Water District and shall be coordinated with the
developer of the adjacent Cibrian project.
1
6. Applicant shall satisfy all requirements of the Tiburon Fire
Protection District.
7. Applicant shall offer for dedication to the Town of Tiburon the
roadways on the property. The Town mayor may not elect to accept
such offers at some future date.
8. Applicant shall submit all proposed deed and title restrictions
including future roadway easements to the Department of Community
Development for review and approval by the Town Attorney prior to
the filing of the Final Map. Roadway easements for common
driveways and utilities shall be shown on the Final Map.
9. No structure shall be erected in the development until the same
has received a site plan and architectural approval in compliance
with the appropriate sections of the Tiburon Zoning Ordinance.
10. Applicant shall comply with provisions of any Ordinance of the
Town requiring contributions to a Tiburon Boulevard Traffic
Improvement Fund.
11. Applicant shall comply with all conditions and requirements of
the Town Engineer regarding roads, utilities, soils and drainage.
12. Applicant shall offer for dedication to the Town the area
identified as "Open Space" including the addition of 4,420 square
feet from Lot 1, as was shown on the Master Plan and including a
10 ft. access and utility easement, as shown on the Tentative Map,
prior to recordation of the Final Map.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on April 6, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Rockey
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS:
R.
Town
Date drafted: 3/30/83
2
RESOLUTION NO. 2094
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ACCEPTING GRANT OF EASEMENT FROM
BRUEL - 57 MERCURY AVENUE
BE IT RESOLVED that the Town of Tiburon hereby accepts
the grant of 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 April 6 , 1983, by the
following vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Rockey
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Spratling, Smith
a--4c
DENNIS ROCKEY, M OR
Town of Tiburon
R
Drafted: 4/1/83
(
- ---._----_.._~_._- --------------
DEED OF ~EMENT_
~l<ATARzYNA BRUEL ~, as GRANTO,,---, hereby grants to the
Town of Tiburon, as GRANTEE, an easement ~ feet in width for the purpose
of acquiring, completing, reconstructing, repairing, maintaining, nperating,
and con.tructing storm drains and appurtenances for said Town, together witb
the right of access through the property for the purpose of maintaining tbe
drainage improvements located within said easement, situated in tbe COunty
of Marin, State of Galifornia, and mOre particularly described as fallows,
An easement 10 feet in width lYing 5 feet to each side of and
rUnning parallel to the fOllOWing described centerline, said
easement to rUn from bOUndary line to bOUndary line of the
following described lot.
BEGINNING at a Point distant N 62" 05' E 23.50 feet from the
Northwest corner of Lot 98 as shown on the Map of Belveron
Gardens Unit 3 filed AUgust 23, 1950, in BOok 7 of Maps at Page
13, Marin COunty, California, Records, thence rUnning S 13"
30' E 44.70 feet to a Point, thence along a tangent curve to
the right of radius 57 feet through a central angle of 45" 22'
an arc distance of 45.13 feet to a Point of reverse curvature,
thence rUnning along a tangent curve to the left of radius 48.5
feet through a Central angle of 29" 37' an arc distance of
25.07 feet to a POint, thence along a tangent to the preceeding
curve S 02" 15' W 25.18 feet to a Point on the Westerly line
of said Lot 98, said POint being distant along said Westerly
line of said lot N 07" 16' 30" W 32.21 feet from the SOuthwest
corner thereof.
The GRANTOR reserves the right to the normal use of this Easement together wi t b
the right to grade, landscape, and erect temporary or portable Structures as
Such rights are Compatible with tbe use of the Easement. It is understood that
under tbe terms of this Grant that the Town shall restore, as nearly as POSSible,
the ground to its Original condi tion, and shall exen reasonable care to prntect
and preserve shrubs and trees planted Within the ea. m nt.
~~
DATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF S~sco)
------- ----
On this ---l2liL day of ~_~__, 19BL_._, bdore me;
-me_-'!!!<!<>.!:!!,;g" e d _______________ , " No tar y Pub] i c i n and for t h" Co un t y
o f ...s~r:.""~c,,----,' St a te u [ GaJ ifornia, resi ding the rU n, "u ) y
known t" UK' to be the person_ whos" oame
"ommissioned on" sworn, personally "ProMed _Katarzyna_Bru."2c_____,
the Within instrument and ack.oowledged to me that ~ exoCuted the same,
is//.Jjlc sub:,cri/Jt'u Lu
seal the day and year in
In witness whereof, I have hereunto Sot my hand and affixed my offiCial
O~F1CIAL SL\ L
BETTY ANN DE/CHLER
'. NOT/.c'Y Il"-'I.IC . C '"\l1F OR NIA
h~~/r./o SAN ~*U~G COUNTY
~ My CDrnrn. e~p;res I'/OV 3D, 1984
-~~
this certificate first above
~c~
Notary Public in and
My Comnl;....,.
, I
FROST, MEGL-'O & ASSOCIATES
CIVIL ENGINEERS LAND SURVEYORS
SUBJECT PLA 1" OF DR~\N~GE EStIIT. B"
LO! 98, MAP OF BELVERON GARDENS
7 ~~ I~ CHKO
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Bond No. LOS-07190S
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESE~S:
That we, RAIL CO ENGINEERING , as Principal,
and BALBOA INSURANCE COMPANY, a corporation organized under the laws
of the State of California and duly authorized to transact business
in the State of California, as Surety, are held and firmly bound unto
KA'rARZYNA RRURL
(,hereinafter called the Obl igee) in the just and full surn of
NINE HUNDRED AND 00/100 --------------------- ($900.00 ),
lawful money of the United States of America, for the payment of which,
well and truly to be made, we hereby bind ourselves and our successors
and assigns, jointly and severally, firmly by these presents.
Whereas, on the 11 st day of AUGUST , 19-.JiL,
the said principal, as contractor, entered into a contract for the
REPLACEMENT OF EXISTING 18 INCH STORM DRAIN AND APPURTAN~NCES
Whereas, under the terms of the specifications for said work,
the said principal is required to give a bond in the amount of
NINE THOUSAND AND NO/100 ----------------------__ C$9,OOO.OO },
to guarantee the replacement and repair of defective materials or faulty
workmanship furnished or installed by the said principal, for a period
of ONE YEAR from and after the date of the
completion and acceptance of same, namely, until 10/1 , 19ltL-.
Now, Therefore, if the said principal shall for a period of
ONE YEAR from and after the date of the completion
and acceptance of the said work by said obligee replace and repair
any and all defective materials or faulty workmanship in said work,
then the above obligation to be void: otherwise to remain in full
force and effect.
Sealed with our seals and dated this
1 st
day of
OCTOBER
, 1982
h
./
STATE OF~pNIV1;(J
Coulltyof <:(111 k~(Jt(}f'
)
) 55:
)
On this
/ s+
day_of
CC}obF'f'
J9~. bC'fore me
JVt-t A. Vof.(joH
a Notary P'ubhc in and for the said
Count\' of
. Va.Jl-tef. JenU knowll to ml' to br the AtfumeY-III-Fac/ of the
and swam. persollally appeared . h t ,j /h' within ins/rumellt. and ackn()/lIC'd~('d to ml?
Ie' the corporatlOTl t at ('xecu (( ( t
Balboa nsurance ompan). Can\' {hef ) and hi, O/l'n nanl( Q$ ornl'Y)I- ac.
that he subscribed the 1Iaml' of the Balboa Insurance omp . ~ .
~' OFfiCIAL SliAl .
.~!i'..s, JERI A. OOLGOFF Sota
,'.. ~~.. NOTARY rUClIC-CAU!'ORNIA
"y) Pri''''i~'l OI1/ce;'1 !;'N 'j;'r.-,. COl':l'y C'~
'~~ .~~:-/ ,..H';rni<,sior, E:;;;r(;"i~~;:'26. '935~ ..=.)1
~~. ~
Sa 11 Ma.-te. 0
State of
Ca.1i.. n c.'1.llia.
residillR t herl?ill. duly commissioned
Ma1nt~nance Bond; Rail Co.' gineering Co.
ac~ordance with your conversation with Lou Jones & Associates, enclosed is Rider
be attached to the above captioned Bond.
Bond L05-07390{
d h itat to contact our office.
you have any q ues tion.s,. please 0 not es e
Very truly yours,
(~'-.) ,- ('.
~ ~~ --::0d4~""-
Peter Shaffer
I
TO
Ms. Katarzyna Bruel
57 Mercury Ave.
Tiburon, Ca. 94920
GOLDEN GATE INSURANCE CENTER, INC.
Serves You First
757 LINCOLN AVENUE
SAN RAFAEL, CALIFORNIA 94901
Phone: (415) 459-2223
L
13alboa !fmurance Oompanlj
CH.ANGE RIDBR
To be attached to and form part of Bond No. L05-073905
on be half of Ra..i..f. Co E na.i.ne.e..'l..i.nq
in favor of Ka.tCVl.ZlJna. Bltue.l
effective the
16t
day of Oc.:tobVl.
,19~,
It is hereby understood and agreed that:
1. The Unde~riter gives its consent to the following changes:
r,feMe. anle.nd :the penaf .own 06 the.. Ma.intenanc.e.. Bond :to $900.00
nltom $9,000.00.
2. Except as herein expressly modified, this bond remains sub-
ject to all its terms and conditions.
Signed, sealed and dated this
1 .o:t.
day of OctobVl.
, 19~
Balb~a Insurance Company
. ~ 'j'
c:::-'" ~ =../
-By: I ---<.~ ~'",C_ ..
A ttorney-1n-fact Va.niel J one...o
; I
RESOLUTION NO. 2093
A,RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON SUPPORTING THE INSTALLATION OF TRAFFIC
SIGNALS AT THE INTERSECTION OF TIBURON BOULEVARD
AND SAN RAFAEL AVENUE AND AUTHORIZING APPLICATION
FOR URBAN THOROUGHFARE AND CAL/TRANS FUNDING
WHEREAS, The Town of Tiburon considers signalization of the
Tiburon Boulevard/San Rafael Avenue intersection of significant
traffic safety importance to all Tiburon Peninsula residents; and
WHEREAS, the proposed signalization of the Tiburon
Boulevard/San Rafael Avenue intersection is an eligible project
for funding under the Urban Thoroughfare Program and has received
the Urban Thoroughfare Selection Committee's highest funding
priority recommendation for 1983-84, and
WHEREAS, the Town of Tiburon has consistently included this
project in its priority list of Tiburon Boulevard traffic safety
improvements, and
WHEREAS, the legislative bodies and Staffs of both Belvedere
and Tiburon have continually supported immediate installation of
traffic signals at the Tiburon Boulevard/San Rafael Avenue
intersection.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby acknowledge its full support and
endorsement for the immediate installation of traffic signals at
the Tiburon Boulevard/and San Rafael Avenue intersection, and
BE IT FURTHER RESOLVED that the Town of Tiburon does hereby
indicate its intent to particpate in the joint funding in
conjunction with that provided by the City of Belvedere, the
Urban Thoroughfare Committee, and CAL/TRANS to achieve said
traffic signal installation.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 16, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DE~C~OR
Town of Tiburon
ATTEST: ///// ~
;(xYffL-V
R. ~. KLEINERT, TOWN MANAGER/CLERK
Drafted: 3/11/83
RESOLUTION NO. 2092
A RESOLUTION OF THE TOWN COUNCIL OF
OF TIBURON APPROVING THE TENTATIVE
TRACT MAP FOR 1645 MAR WEST
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
A. The Town Council has r~ceived and considered the Tentative Map
submitted by the Mar West Company to convert 8 existing units, at 1645
Mar West into 8 condominum units.
B. The Town Council has found the use is in conformance with the
intent of the General Plan of the Town of Tiburon.
C. The Town Council has made affirmative findings consistent with the
standards required in Section 10-7.1 (A-H) (Condominium and Community
Apartments).
D. The Town Council has found this use to be categorically exempt
from the California Environmental Quality Act per Section 15101 (K).
E. The condominium project will meet all the standards of Chapter 13
of the Tiburon Municipal Code as they apply to new construction for
single family occupancy prior to the recordation of the Final Map.
NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the
Tentative Tract Map subject to the following conditions:
1. A Final Tract Map to complete the condominium conversion be
approved by the Planning Commission and Town Council prior to
recordation of the Final Map.
2. The C. C. & R's be approved by the Town Attorney prior to the
recordation of the Tract Map.
3. The Final Tract Map be reviewed by the Town Engineer and the
Tiburon Fire District and that all of their conditions shall be met
prior to recordation of the Final Map.
4. All non-conforming conditions of the existing units including
those identified in: I} The letter from Marin Termite and Pest
Control Compnay, Inc., dated July 20, 1982; 2) Letter from Roy
Foreaker, Jr., dated July 12, 1982, and 3) Letter from B. D. Dobbs,
dated July 27, 1982, and any other items identified by the Town
Building Official be corrected, and that approval be given by the
Building Official prior to recordation of the Fianl Map.
5. A complete landscaping and irrigation plan prepared by a
landscape architect shall be submitted and reviewed and approved by
the Board of Adjustments and Review prior to filing of the Final Map.
6. The approved landscaping and irrigation shall be installed
prior to the final building inspection.
7. A minimum of 16 off-street parking spaces shall be provided
prior to recordation of the Final Map. The exact location of spaces
and landscaping shall be shown on the Final Map and approved by the
Town Engineer and Planning Commission. Further attempt shall be made
to provide for a land exchange to be used for parking at the northern
portion of the property.
8. All options listed as items No. 8.1-8.8 on pages 4 and 5 of
the applicants' application dated July 22, 1982, regarding the
accommodation of existing tenants be required as a condition of
approval.
9. Offer for dedication to the Town of Tiburon or the
Belvedere/Tiburon Landmarks Society the area shown on the Tentative
Map as "Open Space Easement". This offer shall be for perpetuity.
10. All applicable conditions of the Planning Commission
Resolution No. 339 approving the condominium conversion Use Permit
shall apply to this Tentative Map application.
11. The Final Map to show airspace division of the condominium
units.
PASSED AND ADOPTED at~a regular meeting of the Town Council of
the Town of Tiburon on March 16, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith
NOES:
COUNCILMEMBERS: Rockey
ABSENT:
COUNCILMEMBERS: None
DEb~c~*YOI
Town of Tiburon
Date drafted: 3/10/83
RESOLUTION NO. 2091
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
PROPOSED 38-UNIT SCHONFELD CONDOMINIUM PROJECT
WHEREAS, the Town Council of the Town of Tiburon has reviewed the
Draft and Final Environmental Impact Report for the proposed 38-unit
Schonfeld condominium project, and
WHEREAS, the Town Council of the Town of Tiburon has held duly
noticed public hearings on said Draft and Final Environmental Impact
Report, and
WHEREAS, the Town Council has found it appropriate to amend the
Final E.I.R. as follows:
Page i
Under the Recommended Amendments to the Draft E.I.R., Phase II,
Schonfeld 38-Unit Condominium Project, Tiburon, California.
I} Eliminate the proposed amendment on Page 40, line 28, which
states: "Consideration could be given to development of new
permanent siltation ponds both on and off the project site."
2} Eliminate the proposed amendment on page 40, line 30, which
states: "Responsibility for cleaning and maintaining the Lagoon
Park silt basin should be determined. Maintenance agreements
between the Town and the Ci ty of Belvedere should be fOl:;ll1alized."
3} Amend the second sentence of page 40, line 38, so the paragraph
reads as follows: "f. It is possible that engineering solutions
may be available which would permit bypassing of the Lagoon with
direct discharge of storm water runoff to the Richardson Bay.
Development of a drainage system of this type would clearly be
beyond the scope of the proposed project and any determination of
its feasibility or design characteristics would be well beyond the
scope of the E.I.R. An engineering feasibility and design study
for bypassing the Lagoon could be initiated. If, as a result of
those detailed studies, it was found that the Lagoon bypass would
represent the most feasible alternative, the participants could
then work in concert to develop means of financing the storm
drainage improvements."
Page ii
4. Eliminate the proposed amendment on Page 42, line 5, which reads:
"Provided that slide repair is undertaken in accordance with the
recommendations of the Project Sponsor's engineer and that all
requirements of the Town and San Francisco Bay Regional Water
Quality Control Board relative to erosion control and drainage are
implemented, it is anticipated that the amount of sediment
currently transported from the project site to the Belvedere
Lagoon would' be reduced. positive water quality impacts in terms
of sedimentation in the Belvedere Lagoon may be possible."
5. Eliminate the proposed amendment on page 43, line 11, which reads:
"d. All mitigation measures presented within the text which
pertain to hydrology, water quality, geology/pedology, and
construction (with respect to water quality) should be
incorporated into a comprehensive drainage study and a
comprehensive erosion control plan. (For a detailed description
of requirements see Appendix G.). Both the drainage study and
erosion control plan should be incorporated into the final
development plan. Furthermore, the drainage study and erosion
control plan should be reviewed and approved by the Regional Water
Quality Control Board as a condition of project approval."
Page v
6. Delete the word "regional" from page iii, line 36, so the
paragraph will read: "It is emphasized that the project site is
currently subject to slope instability in the form of landslides,
mud flows, and downward soil creep. These factors have resulted
in extensive erosion of on-site soils. In turn, the transport of
eroded soil particles in storm water runoff has contributed to
continuing siltation problems in the Belvedere Lagoon. Therefore,
the project site is currently contributing to a significant
adverse cumulative. water quality problem."
7. Eliminate the proposed amendment on page iii, line 36, which
reads: "It is considered unlikely that a total solution to the
erosion problem could be developed if the 'no project' alternative
were to be implemented. Measures which would provide a fairly
substantial reduction in on-site erosion and subsequent deposition
of on-site soils particles in the Belvedere Lagoon would consist
of a thorough revegetation program implemented in accordance with
the recommendations of the San Francisco Bay Regional Water
Quality Control Board and the Town Engineer. Another measure
which should receive consideration would be the installation of
siltation basins which would trap eroded soil particles from the
project site and prevent them from entering downstream areas
including the Belvedere Lagoon."
Amend page 40 of the DRAFT E.I.R., under 3. Mitiqation:
1. Eliminate the second sentence of "b" and change it
to read as follows: "b. The Town should require that the Project
Sponsor prepare a complete drainage study from the project site to
the Belvedere Lagoon including complete sizing and flow,.
calculations. Prior to approval of the project, the Town should
require that the drainage system be adequate to receive the
increase in the runoff due to the development."
2. Eliminate the proposed mitigation measure "c".
3. Eliminate the words "by the Town" in mitigation measure "d",
line 32 so the paragraph will read: "d. The box culvert
under Tiburon Boulevard and all downstream facilities leading to
the Belvedere Lagoon should be fully cleaned and maintained in a
clean condition so as to ensure that the capacity of existing
facilities is not reduced by silt and grit."
Amend page 43 of the DRAFT E.I.R. under 3. Mitigation:
4. Eliminate the second sentence and third sentence under
mitigation measure "c" beginning with the words "Partial
mitigation,..." so the paragraph will read: "c. There is no
complete mitigation for long-term generation of typical urban
and automobile contaminants on the project site."
Amend page 54 of the DRAFT E.I.R. under 3. Mitiqation.
Add the words .....for the construction phase..." after the word
"plan" on line 2 and change the word "include" to "consider" on
line 4, so the paragraph will read: "e. An erosion control plan
should be prepared by the Project Sponsor and approved by the Town
Engineer. This plan, further discussed in the Construction
section, should consider provisions for the following: site
preparation during dry months of the year; revegetation of all
exposed soils; installation of silt basins; and engineering and
landscaping measures that will significantly enhance slope
stability."
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon certifies the Final Environmental Impact Report, as
amended, for the proposed 38-unit Schonfeld condominium project.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on March 16, 1983 by the fOllowing vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Spratling
Smith, Rockey
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
AT&i~
R. ~L. KLEINERT, Town Manager/Clerk
Date drafted: 3/10/83
RESOLUTION NO. 2090
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING ANAMENDMENT
TO THE PRECISE PLAN FOR THE
HEALTHY GOURMET - 80 MAIN STREET
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findinqs.
A. The Town Council of the Town of Tiburon has received
and considered the req~est for_an amendment to the Master and
Precise Plan submitted by The Healthy Gourmet in order to
secure an off-sale beer and wine license for their store and to
add outdoor eating.
B. The Town Council has found the use in conformance with the
Tiburon Downtown Plan and General Plan.
C. The Town Council has made affirmative findings consistent
with the standards required in Section 10-10 of the Tiburon
Zoning Ordinance dealing with the P.o. (Planned Development)
District.
D. The proposed use will not be detrimental to the downtown area.
NOW ,THEREFORE, the Town Council approves the amendment to the
Master Plan and Precise Plan, subject to the following conditions:
1. The hours of operation of the store shall be from 10:00 a.m.
to 7:00 p.m.
2. No outdoor alcohol consumption on the premises shall be"allowed.
3. The number of outdoor tables shall be restricted to no more than
4 tables and 16 chairs and shall be confined to the area between
the building and the existing line of trees. Any violation would
be grounds for revocation of the outdoor use.
4. No entertainment or amplification shall be provided that
will produce noise beyond the boundaries of the property.
5. In the event it is determined that a litter problem or any
other problem is being created by the outdoor use, the Council may
direct reconsideration of the use and attach additional
conditions, or the use may be revoked. In the event there are
more than four tables or 16 chairs, it shall be deemed cause for
revocation of the permit.
6. The applicant shall provide three additional parking spaces
in addition to those required for the market use for a total of 11
parking spaces.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on March 16, 1983 by the following vote:
AYES:
COUNCILMEMBERS:
Edelstein, Bergmann, Spratling
Smi th, Rockey
None
None it
DENNIS ~~Ee~
Tiburon Town Council
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST:
Date drafted: 3/9/83
RESOLUTION NO 2089
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ESTABLISHING FEES FOR COMMERCIAL
AMUSEMENT DEVICES IN ACCORDANCE WITH
ORDINANCE NO. 266 N.S.
WHEREAS, Section 23(P} of the Town's Zoning Ordinance
provides that an annual fee shall be established and required for
each commercial amusement gevice in the Town of Tiburon, and
WHEREAS, this fee schedule shall supersede all previous
ordinance provisions or resolutions which setforth fees for
commercial amusment devices.
NOW, THEREFORE, BE IT RESOLVED that effective this date the
annual fee for each commercial amusement device in operation in
the Town of Tiburon as defined in Ordinance No. 266 N.S. shall be
as follows:
Commercial Amusement Device Fee:
$84 per machine
BE IT FURTHER RESOLVED that to enable this commercial
amusement device fee to be assessed annually on a fiscal year
basis (July 1 through June 30) an initial pro-rated fee of $32
per commercial amusement device will be assessed for Fiscal Year
1982/83 for those machines in operation in the Town of Tiburon on
February 16, 1983.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 16, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith
NOES: COUNCILMEMBERS: Rockey
ABSENT: COUNCILMEMBERS: None
~~/~
DENNIS ROCKEY, MAY R
'Town of Tiburon
RESOLUTION NO. 2088
A RESOLUTION OF THE TO\~ COUNCIL OF THE TOWN
OF TIBURON ACCEPTING THE TIBURON BOULEVARD/
ROCK HILL ROAD RETAINING WALL IMPROVEMENTS
WHEREAS, the Tiburon Boulevard/Rock Hill Drive Retaining
Wall Improvements has been completed satisfactorily.
NOW, THEREFORE, BE IT RESOLVED that such work be
accepted by the Town Council of the Town of Tibunon subject
to any provisions of the contract with Massa Construction Company,
1414 Lincoln Avenue, Suite 204, San Rafael, CA 94901.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on March 2, 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Spratling
~K~
DENNIS ROCKEY, MAY R
Town of Tiburon
ATTEST:
Drafted: 2/25/83
RESOLUTION NO. 2087
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON GRANTING AN EXTENSION
OF THE EXPIRATION DATE FOR FILING OF THE
FINAL MAP FOR THE SOUTHERN PACIFIC DEVELOPMENT
WHEREAS, on September 17, 1980, the Town Council approved
the Tentative Map submitted by the Southern Pacific Development
Company for the development of approximately 38 acres of land;
and
WHEREAS, Section 14-29.1 of the Tiburon Subdivision
Ordinance states that a Tentative Map shall automatically expire
18 months from the date the map was approved by the Town Council
unless the Final Map has been duly recorded by the County
Recorder or unless extended by Resolution of the Town Council;
and
WHEREAS, the applicants did request that a one (I) year
extension of the filing of the Final Map be granted; and
WHEREAS, one extension of time for 1 year has previously
been granted by the Town Council to March 17, 1983.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby grant a one year extension of the
expiration date for the Southern Pacific Final Subdivision Map
from March 17, 1983 to March 17, 1984 by the following vote:
PASSED AND ADOPTED at a regular meeting of the Town Council
on March 2, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Spratling
Ot~~
DENNIS ROCKEY, Ma~r
Town of Tiburon
ATT$~
R. L. KLEINERT, Town Manager/Clerk
Date drafted: 2/25/83
RESOLUTION NO. 2086
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DECLARING A PUBLIC
NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findinqs.
A. Pursuant to Section 38773 of the Government Code of the State
of California, the Town of Tiburon did adopt Ordinance No. 192
N.S. to provide for the summary abatement of any nuisance and
establishing procedures therefore.
B. It has been found that an unlawful dwelling unit exists upon
certain property located at 4 McCart Court, described as Parcel 2
of Parcel Map 2-49, a portion of Rancho Corte Del Madera Del
Pres idio, (A. P. 55-17l-22).
C. The aforementioned dwelling unit is detrimental to the public
health, safety and welfare of the citizens of Tiburon, in that
the use does not conform to the restrictions placed on similar
property in that same vicinity and zone, and, further, the
increased density creates congestion and adds to the discomforts
of the neighboring properties.
D. The owners of the subject property have not evidenced any
inclination to conform to the requirements of the Zoning
Ordinance of the Town of Tiburon.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon finds and does declare that the unlawful dwelling
unit on that certain property located at 4 McCart Court, .
described as lot 2 of Parcel Map 2-49. a portion of Rancho Corte
Del Madera Del Presidio (A.P. 55-l71-22) is a public nuisance and
does order that the Town Attorney proceed to abate the subject
nuisance by the removal of the lower floor kitchen as provided by
law no later than May 2, 1983.
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does order that the costs of the abatement will be
assessed upon the described property and shall constitute a lien
upon such property until paid.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon held on March 2, 1983 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Edelstein, Bergmann, Smith, Rockey
None
Spratling
~~~~
DENNIS ROCKEY, Maytr
Town of Tiburon
Date drafted: February 22, 1983
RESOLUTION NO. 2085
A RESOLUTION OF THE TO~VN COUNCIL OF THE
TOWN OF TIBURON CO~mNDING CINDY RODRIGUEZ
FOR HER SERVICE TO THE TOWN OF TIBURON
WHEREAS, Cindy Rodriguez commenced her affiliation
with the Tiburon Police Department in November 1972 as
one of its first Reserve Police Officers; and
WHEREAS, Cindy Rodriguez has been employed with the
Town of Tiburon for 10 years, as a full-tim employee
commencing March 4, 1973; and
WHEREAS, Cindy Rodriguez has demonstrated a very
professional competence as first a Clerk/Dispatcher and
now as Secretary/Dispatcher with the Tiburon Police
Department;
NOW, THERFORE, BE IT RESOLVED that the Town Council
of the Town of Tiburon expresses its sincere appreciation
on behalf of the citizens of Tiburon for the services
of Cindy Rodriguez; and
BE IT FURTHER RESOLVED, that the Town Council of the
Town of Tiburon does hereby publicly commend Cindy
Rodriguez for her services to the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on Harch 2, 1983, by
the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Spratling
~~~~.-
DENNIS ROCKEY, MAY~
Town of 'i'iburon
R. L. KLEINERT,
Drafted: 3/2/83
RESOLUTION NO. 2084
, A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DESIGNATING THE COUNTY
OF MARIN AS THE TOWN'S AGENT FOR SERVICE
OF PROCESS PURSUANT TO 5136, et. seq.,
OF THE REVENUE AND TAXATION CODE OF CALIFORNIA
WHEREAS, Marvin F. Poer and Co., et al., have filed suit
against most, if not ~ll, of the Cities and Counties of the State
in the U~ S. District Cou~t locate9 in San Diego; and
WHEREAS, the suit seeks to relitigate in federal court
certain questions regarding Proposition 13, including whether it
was proper to utilize the 1978-79 tax roll for collection of
unsecured taxes; and
WHEREAS, the County of Marin has suggested that the Cities of
Marin County join in a coordinated defense effort, and that the
County be authorized to represent them through designated
counsel; and
WHEREAS, 5149 of the Revenue and Taxation Code of the State
of California provides that a City may provide for the defense of
actions brought against it pursuant to 5136, et. seq., of the
Revenue and Taxation Code by counsel for the county provided that
the City has previously designated the county as its agent for
service of process of any and all actions brought against it
pursuant to said 5136, et. seq.; and
WHEREAS, the Town desires that the County of Marin provfde
for the defense of the Town in such actions;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon that the County of Marin is hereby designated as
the Town's agent for service of process for any and all actions
brought against the Town under 5136, et. seq., of the Revenue
and Taxation Code of the State of California; and be it further
resolved that the County provide a defense to the Town in the
action hereinabove referred to.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 2, 1982, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith, Rockey
NOES: COUNCI LMEMBERS : None
ABSENT: COUNCILMEMBERS: None
~~
DENNIS ROC: , MAY
Town of Tiburon
AT$~
R. L. KLEINERT, TOWN MANAGER/CLERK
Draft Date: 2/2/83
RESOLUTION NO. 2083
A RESOLUTION OF THE TOWN COUNCIL OF
THE TONN OF TIBURON ORDERING THE
INITIATION OF PROCEEDINGS FOR A
REORGANIZATION OF TERRITORY PURSUANT
TO THE MUNICIPAL ORGANIZATION ACT
WHEREAS, the Town Council of the Town of Tiburon
does resolve as follows:
Section 1. Findings.
l. The Marin Local Agency Formation Commission, by Resolution
No. 83-1, adopted January 13, 1983, approved said
reorganization and designated the Town of Tiburon as the
conducting agency for further proceedings.
2. Said reorganization, known as the Norman Annexation No.2,
consists of annexation to the Town of Tiburon.
3. The subject territory, which is uninhabited, is located in
the County of Marin and is more specifically described in
the Map and legal description attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon shall initiate proceedings for annexation of the
described property and will hold a public hearing on March 16,
1983 on said annexation.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 2, 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: NOne
~~-
DENNIS ROCKEY, MAYO
Town of Tiburon
ATTEST: ~
R. ~ERT' TOWN MANAGER/CLERK
Date Drafted: 1/28/83
January 30, 1979
SMITH-NORMAN
ANNEXATION
to the
CITY OF TIBURON
Beginning at the most southerly point of that parcel of land described in Book
2856 of Official Records at Page 386, Marin Cotmty ~ecords; s~idn point being
on the Tiburon City Limits; thence N 450 511 W, 1870.285 feet and N 460 OO'E,
240.09 feet to the southerly right of way of Paradise Drive; thence northeasterly
along said southerly right of way to its intersection with the boundary of that
parcel of land designated as "Parcel J" as described in the deed from Paradise
Land Company to Brenda1l-Conn, a co-partnership recorded in Book 1491 of Official
Records at Page 552, Marin County Records; thence continuing along said southerly
right of way N 520 20' 30'~._ E, 3.841 feet; thence N 550 11' 2Q!'.E:, 411.332 feet;
thence S 420 42' 40" E, 59.468 feet; thence N 730 20' 20" E, 127.783 feet; thence
N 250 13' 20" E, 119.309 feet; thence N 590 44' 20" E, 47.90 feet; thence S 580
57' 40" E, 138.483 feet; thence N 890 32' 20" E, 76.217 feet; thence S 460 03'
40" E, 59.157 feet; thence S 140 03' 40" E, 61.039 feet; thence S 480 04' 20" W,
58.430 feet; thence S 290 58' 50" W, 98.050 feet; thence S 030 29' 10" E, 51.252
feet; t~ence S 290 01' 20" W, 95.325 feet; thence S 690 55' 40" E, 189.64 feet;
thence S 70 10' W, 167.63 feet; thence SIlo 48' E, 166.49 feet; thence S 190
55' W, 132.9 feet; thence S 290 45' W, 124.54 feet; thence S 180 27' E, 9.18
feet; 1:hence leaving said southerly line of Paradise Drive S 330 27' W) 455 feet
more or less to a point of intersection vd.th the Tiburon City Limits; thence
southwesterly along said City Limits to the point of beginning.
Contai~s approximately 44 acres.
RESOLUTION NO. 2082
A,RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE FEDERAL - AID URBAN
PROGRAM RECOMMENDED BY THE MARIN COUNTY URBAN
SYSTEM COMMITTEE
WHEREAS, The Town of Tiburon desires to continue to
participate in the Federal - Aid Urban Program for fund ins
approved transportation projects as authorized by the Federal
Highway Act of1973 and sucGeeding amendments, and
WHEREAS, the Federal Highway Act, the State Transportation
Board and the Metropolitan Transportation Commission requirec
that a program orf projects approved for Federal-Aid Urban
funding, be established by a Countywide Committee consisting of
representatives from each City, the County, Transit District,
California Department of Transportation, Golden Gate Bridge
District, and the Metropolitan Transportation Commission; and
WHEREAS, the Marin County Urban System Committee did meet to
review the program and new projects which had been submitted for
consideration as part of a five-year program; and
WHEREAS, the Marin County Urban System Committee did approve
a five-year Federal Aid Urban Program,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby approve the five-year Federal Aid
Urban Program of projects begining 1983-84 recommended by the
Marin County Urban System Committee and as described on Exhipit
"A" (to be submitted).
BE IT FURTHER RESOLVED that copies of this Resolution be
forwarded to the Board of Supervisors of the County of Marin, the
California Department of Transportation and the Metropolitan
Transportation Commission for approval as the Marin County
Federal-Aid Urban System Program.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 16, 1983, by the fOllowing
vote:
AYES:
COUNCILMEMBERS: Edelstein, Spratling, Smith,
Rockey
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Bergmann
~~~P'
DENNIS ROCKEY, MAYO
Town of Tiburon
ATT~
R. L. KLEINERT, TOWN MANAGER/CLERK
Draft Date: 2/11/83
RESOLUTION NO. 2081
A ,RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE 1983/84 MAJOR NON-
INTERSTATE PROJECTS IN MARIN COUNTY AS RECOMMENDED
BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE
WHEREAS, the State Legislature adopted AB 402 which requires
the adoption by Metropolitan Transportation Commission of a
regional transportation program by April, and
WHEREAS, the Staff of MTC has recommended that the projects
selected for inclusion into the TIP for Federal Aid Primary
(FAP), Federal Aid Interstate (FAI) , or State only funds be
supported by the Community, and
WHEREAS, the Marin County Urban System Committee did meet to
review the program and projects which had been submitted for
consideration as part of a five-year program, and
WHEREAS, the Marin County Urban System Committee did adopt
the 1983/84 to 1988/89 listing of condidate Federal Aid Primary
projects on January 12, 1983,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby approve the following projects and
submits said projects for inclusion in the MTC Regional
Transportation Improvements Program (TIP), and the California
Transportation Committee, State Transportation Improvement
Program:
Projects Listed in Order of Priority
1. New Northbound on-ramp at Manuel Freitas Interchange
( 0 . 7 M)
2. Northbound Auxilary Lane between North San Pedro Road
Interchange and Manuel Freitas Interchange (1.5 M)
3. Southbound Auxiliary Lane between Second Street on-ramp
and Highway 17 overcrossing (4 M)
4. Reconstruction/Relocation of US 101 - Route 17 off-ramp
and overcrossing - southbound, including southbound on-
ramp ( 5 . 0 M)
5. Northbound Auxiliary Lane from Manuel Freitas
Interchange to Lucas Valley Interchange (1.0 M)
6. Northbound and Southbound Auxiliary Lanes between Sir
Francis Drake Blvd. and Route 17 (8.0 M)
7. New Southbound Off-ramp at Lucas Valley Interchange
8. Merrydale Overcrossing (3.4 M)
9. New Southbound on-ramp at Lucas Valley Interchange
10. Northbound Auxiliary Lane between Ignacio Blvd.
Interchange and Route 37
11. Southbound HOV between Miller Avenue Interchange and
Route 37 (20 M)
12. Widen Lucas Valley Undercrossing to four lanes
13. Waldo Interchange Reconstruction to urban diamond (5.0
M)
14. Southbound HOV between Route 37 and Atherton Avenue
Interchange (10 M)
15. Airport Interchange North of Novato (5 M)
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 16, 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Spratling, Smith,
Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bergmann
~~
DENNIS ROCKEY, MA R
Town of Tiburon
-~
ATTEST4//:?,# ~
R. (~NAGER/CLERK
Draft Date: 2/11/83
RESOLUTION NO. 2080
A'RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CONGRATULATING HELEN BENEDICT
UPON THE OCCASION OF HER 80TH BIRTHDAY
WHEREAS, Helen Benedict and her husband Howard moved to the
Town of Tiburon from New York in 1968, and
WHEREAS, Helen Benedict immediately became involved in local
civic activities as a member-at-la(ge of the Tiburon Ecumenical
Association and was instrumental in the development of the
Hilarita; and
WHEREAS, since that time Helen Benedict has served on a
Tiburon ad-hoc committee appointed in 1977 to study housing
problems of lower income citizens, the League of Women voters,
and was vocal in supporting the conversion of the Old Tiburon
School in to moderate income housing for the elderly, now know as
the "Bradley House"; and
WHEREAS, when the Town was experiencing problems in locating
a suitable Council Chamber, it was Helen Benedict who arranged
for the Town's use of the Hilarita Community Room, by far the
nicest Chambers to date; and
WHEREAS, there have been very few people like Helen Benedict
who have always been so willing to assist, help and support all
local community programs and activities with an enthusiam and
verve that is indeed remarkable.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does openly and publicly congratulate and commend
Helen Benedict upon the occasion of her 80th birthday.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 16, 1983, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith, Mayor Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~*4
DE IS ROCKEY, MAYOR
Town of Tiburon
RESOLUTION NO. 2079
A ~SOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING AN AMENDMENT TO THE
ZELINSKY MASTER AND PRECISE PLAN 1599 TIBURON
BOULEVARD - BON APPETIT MARKET
WHEREAS, the Town Council of the Town of Tiburon does resolve
as follows:
Section I. Findings.
A. The Town Council of the Town of Tiburon has received and
considered a request for an amendment to the Zelinsky Master
and Precise Plans, submitted by Bon Appetit, to allow place-
ment.of tables and chairs outside the market.
B. The Town Council has found the use to be in conformance with
the General Plan of the Town of Tiburon and the Downtown
Plan.
C. The Town Council has made affirmative findings consistent with
the standards required in Section 10-10 of the Tiburon Zoning
Ordinance dealing with the PD (Planned Development) District.
NOW, THEREFORE, the Town Council approves the amendment to
the Master and Precise Plan, subject to the following conditions:
1. Number of outdoor tables shall be restricted to no more
than three tables and twelve chairs.
2. Hours of use shall be restricted to the hours of operation
of the Bon Appetit market (9:00 am to 9:00 pm.).
3. No entertainment or amplification shall be provided that
will produce noise beyond the boundaries of the property.
4. In the event it is determined that a litter problem or any
other problem is being created by the activity, the Council may
direct reconsideration of the'1use and attach additional conditions,
or the use may be revoked.
5. The use shall be subject to a review by the Town in one
year or sooner as directed by the Town Council to determine if the
conditions of approval have been met. Staff will report the
findings to the Planning Commission.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on February 2, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith
Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COU~CILMEMBERS: None
~sR<<~-
DENNIS ROCKEY, MAYOR
f Tiburon
CLERK
Date Drafted: 1/28/83
RESOLUTION NO. 2078
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON EXTENDING ITS CONGRATULATIONS
TO DAVID AND LOUISE TEATHER AS TIBURON'S
1982 CITIZENS OF THE YEAR
WHEREAS, David and Louise Teather have resided in Tiburon
since 1946 and since that time have been very active in local
community and civic affairs; and
WHEREAS, David Teather served as a member of the Tiburon
Parks and Recreation Commission from 1967 to 1971 and during that
time helped originate Tiburon's Annual Ayala Day celebration; and
WHEREAS, Louise Teather continues to serve on Tiburon's
Heritage Commission to which she was originally appointed in
1974; and
WHEREAS, in 1971 Louise Teather was designated and continues
to serve as Tiburon's first Town Historian; and
WHEREAS, in 1982 as part of the Annual Ayala Day festivities,
David Teather was appointed Tiburon's Poet Laureate; and
WHEREAS, the Teathers are recognized as having been
instrumental in the incorporation of the City of Tiburon in 1964
and have collectively during the past eighteen (18) years
contributed so much of their personal time and energy to improve
the quality of life on the Tiburon Peninsula; and
WHEREAS, there is insufficient time and space to list the
numerous achievements attributable to both David and Louise
Teather in their concern for and dedication to the Town of
Tiburon.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby declare on behalf of the residents of
Tiburon its sincere appreciation to both David and Louise Teather
for their many contributions and dedicated service to the Tiburon
community.
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does publicly recognize and congratulate David and Louise
Teather upon being named by the Chamber of Commerce as Tiburon's
1982 Citizens of the Year.
PASSED AND ADOPTED at a regular meeting of the Town Council
opf the Town of Tiburon on January 19, 1983 by the following
vote:
AYES:
NOES:
ABSENT:
Edelstein, Bergmann, Spratling, Smith, Rockey
None
None
~~-
DENNIS ROCKE , MA~R
Town of Tiburon
RESOLUTION NO. 2077
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON GRANTING AN EXTENSION OF THE
EXPIRATION DATE FOR FILING OF THE FINAL MAP FOR
THE DEL MADERA DEVELOPMENT
WHEREAS, on August 19, 1981, the Town Council of the Town of
Tiburon approved the Tentative Map submitted by Del Madera
Properties for the development of approximately 50 acres of land:
and
WHEREAS, Section 14-29.1 of the Tiburon Subdivision
Ordinance states that a Tentative Map shall automatically expire
24 months from the date the map was approved by the Town Council
unless the Final Map has been duly recorded by the County
Recorder or unless extended by Resolutions of the Planning
Commisison and the Town Council; and
WHEREAS, the Planning Commission did consider and endorse a
two (2) year extension of the filing of the Final Map and
endorsed the extension.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby grant a two (2) year extension of the
expiration date for the Del Madera Parcel Map from February 18,
1983 to February 17, 1985, and that it be subject to the
conditions of Ordinance No. 242 N.S. and Resolution No. 1165.
PASSES AND ADOPTED at a regular meeting of the Town Council
on January 19, 1983, by the fOllowing vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ayor
Date drafted: 1/14/83
RESOLUTION NO. 2076
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING RESOLUTION NO. l032 WHICH ESTABLISHED
A MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM
WHEREAS, in January 1979, the Town Council established and
adopted (Resolution No. 1032) a Management Recognition and
Incentive Compensation Program, in order to promote the development
of a stronger, more effective management team and a means of
recognizing outstanding management performance in all public
service areas, and
WHEREAS, such a program enhances the professional growth
of management personnel and promotes a consistently high level
of service to the public; and
WHEREAS, such a program encourages the retention of qualified
department heads and supervisory personnel, and strengthens their
respective performance,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby amend (Resolution 1032) to read as
follows:
I. WHEREAS, management employees are defined to mean the
following positions:
TOWN MANAGER
POLICE CHIEF
SUPERINTENDENT OF PUBLIC WORKS
DIRECTOR OF COMMUNITY DEVELOPMENT
FINANCE DIRECTOR
II. Section XI is amended to read as follows:
XI. Retirement Program. The Town will pay the
management employee's share of retirement
contributions at a rate not to exceed 7% of
the management employee's monthly salary.
III. Section XII is added as follows:
XII. The provisions of this Resolution shall supercede
any other previous rules and resolutions of the
Town of Tiburon which may be in conflict herewith.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on Januarv lq , 1983, by the
following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Smith
J~~k>~
DE NI~ ROCKEY, M YOR
Town of Tiburon
ATTEST:
~~ERK
RESOLUTION NO. 2075
A, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON FIXING THE SALARY OF THE TOWN
MANAGER FOR THE CALENDAR YEAR 1983
WHEREAS, Chapter 2, Article II, Section 2-7 of the Municipal
Code requires that the salary of the Town Manager be fixed by
resolution of the Town Council.
NOW, THEREFORE, BE IT- RESOLVED, that the Town Council of the
Town of Tiburon does hereby fix the annual salary of the Town
Manager for the calendar year 1983 at $45,900.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on January 19, 1983, by the following
vote:
AYES:
COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Rockey
COUNC ILMEMBERS : None
NOES:
ABSENT:
COUNCILMEMBERS: Smith
l'k~~
DENNIS ROC EY, YOR
Town of Tiburon
Drafted: 1/19/82
RESOLUTION NO.
2074
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBUR0N AMENDING RESOLUTION NO. 2028 WHICH ESTABLISHED
THE ANNUAL SALARY PROGRAM FOR THE TOWN OF TIBURON FOR FISCAL
YEAR 1982-83 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM
WHEREAS, Section 3-3 of the Tiburon Municipal Code requires
that an Annual Salary Program be acjopted for each fiscal year as
part of the Personnel System of the Town of Tiburon; and
WHEREAS, Resolution No. 2028 established the 1982-83 Annual
Salary Program in July 1982,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby amend Resolution No. 2028 as indicated
by the attached Salary Schedules D and F.
PASSED AND ADOPTED at a regular meeting of the Town Coyncil
of the Town of Tiburon on January lq , 1983, by the following
vote:
AYES: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Rockey
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Smith
DU~:O~*YOR
Town of Tiburon
ATTEST:
R.~ -
S A L A R Y
S C H E D U L E
MANAGEMENT EMPLOYEES
1982-83
POSITION
Police Chief
Director of Community Development
Superintendent of Public Works
Finance Director
liD"
EFFECTIVE
1 JAN 1983
2,891
2,904
2,480
1,906
S A L A R Y
------
S C H E D U L E
-,----
HEALTH AND MEDICAL INSURANCE PROGRAM
(1982-83)
I. MANDATORY:
A. Kaiser Health Plan (employee)
or
Blue Cross Health Plan (employee)
B. $l5,000 Life Insurance (employee)
Standard Life Insurance Co.
OPTIONAL
A. Kaiser Health Plan
(Employee with 1 dependent)
(Employee with 2 or more dependents)
B. Blue Cross Health Plan
(Employee with 1 dependent)
(Employee with 2 or more dependents)
C. CDS Dental Plan
(Employee)
(Employee with 1 or more dependents)
D. AD & D Insurance
Standard Life Insurance Co.
E. Long Term Disability Insurance
Standard Life Insurance Co.
(Mandatory for all sworn police personnel)
F. Additional Life Insurance
Philadelphia Life Insurance Co.
"F"
$ 49.l4
80.30
4.80
$ 97.28
140.34
l60.60
203.10
14.45
35.83
.90
(2.04% of employee's
gross monthly salary
to a maximum of $l350)
($5.00 per $5,000)
II. TOWN MONTHLY CONTRIBUTION:
A. Management Employees
B. Miscellaneous & Mid-Management/
Professional Employees
C. Police Personnel
III. MAXIMUM CASH REFUND OF UNUSED AMOUNTS -
Disbursed once annually
A. Management Employees
B. Miscellaneous & Mid-Management/
Professional Employees
C. Police Personnel
tt.:.
,,~ .
$225.00
175.00
190.00
$lOO.OO/month
75.00/month
75.00/month
RESOLUTION NO. 2072
A RESOLUTION OF THE TOWN COUNCIL OF THE
XOWN OF TIBURON AUTHORIZING THE BELVEDERE
TIBURON RECREATION COMMITTEE DIRECTOR TO
MAINTAIN THE CHILD CARE CENTER OPERATING
LICENSE
WHEREAS, the City of Belvedere and the Town of Tiburon
have agreed to operate the Belvedere Tiburon Child Care
Center for the benefit of young children on the Tiburon
Peninsula; and
WHEREAS, the State of California requires such facilities
to secure and maintain a valid operating license.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
of the Town of Tiburon does hereby authorize the Belvedere
Tiburon Recreation Committee Director to secure and maintain
the Belvedere Tiburon Child Care Center Operating License.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on January 19 , 1983.
by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, ;,pratling, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Smith
DJ~~~ibYOR
~~~_~n of Tiburon
R.L. KLEINERT, Town Manager/Clerk
Drafted: 1/l9/83
RESOLUTION NO. lQ1l
AN RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE MODIFICATION
OF THE APPROVED PRECISE PLAN FOR THE PLANNED
D~VELOPMENT AT 35-39 LYFORD DRIVE
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. The Town Council has received and considered the proposed
amendment to the Master and Pr~cise Plan submitted by A.
Allen to allow for a 580 square foot addition to the existing
unit at 35 Lyford Drive.
B. The Town Council has found the proposed use is in
conformance with the General Plan of the Town of Tiburon.
c. The Town Council has made affirmative findings consistent
with the standards required in Section 10-4.1 of the Tiburon
Zoning Ordinance dealing with RPD-2, Residential Planned
Development and Open Space district.
NOW, THEREFORE, the Town Council approves the modification
to the Master and Precise Plan, subject to the following
conditions:
1. All previous conditions of the Master Plan adopted May,
1974 and the Precise Plan adopted in April, 1974 shall
remain in effect.
2. No part of the addition shall be within the area
designated "Open Space" or Pedestrian Easement".
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon held on January 19, 1983 by the following
vote:
AYES: COUNCILMEMBERS:
Edelstein, Bergmann, Spratling,
Rockey
None
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS :
None~
_A~ ~
DEN S JkK~aYOI
Town of Tiburon
Date drafted: December 29, 1982
RESOLUTION NO. 2071
IA RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROHIBITING LEFT HAND
TURNS FROM TRESTLE GLEN BOULEVARD AND
JEFFERSON DRIVE UPON COMPLETION OF THE
GREENWOOD BEACH ROADSIGNALIZATION PROJECT
WHEREAS, in August 1981, the Town of Tiburon and California
State Department of Transportation.(CAL/TRANS} entered into a
Cooperative Agreement for the installation of traffic signals at
the Greenwood Beach Road intersection of Tiburon Boulevard and
0.1 mile east of Trestle Glen Boulevard.
WHEREAS, a condition of the Cooperative Agreement requires
that upon completion of the Greenwood Beach Road signalization
project, left-hand turns shall be prohibited at Trestle Glen
Blvd. and Jefferson Drive.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon that upon completion of the traffic signal
installation at Greenwood Beach Road left hand turns shall be
prohibited, except for emergency vehciles, from Trestle Glen
Blvd. and Jefferson Drive onto Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on January 5, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling,
Smith, Rockey
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~~
NIS R K;EY MAYOR'
Town of Tiburon
ATTEST:
R. ~~AGER/CLERK
AGREEMENT FOR ENGINEERING SERVICES
ASSESSMENT DISTRICT
83 - 1
This is a~ agreeme~t for e~gi~eeri~g services betwee~ the
TOWN OF TIBURON
of the State of Califor~ia, referred to as Clie~t, a~d
RHODES AI-.m GARDNER, I NC .
referred to as E~gi~eer.
1. Clie~t retai~s E~gi~eer as E~gi~eer of Work for Assessme~t
District
CIBRIAN DRIVE 83 - 1
to perform the followi~g services:
(a) Preparatio~ of a map showi~g the proposed bou~daries of
the assessme~t district, i~ accorda~ce with the requireme~ts
of Divisio~ 4.5 of the streets a~d Highways Code.
(bJ Preparatio~ of the report required by Sectio~ 10204 of
the Streets a~d Highways Code (l.lu~icipal Improveme~t Act
of 1913). a~d modificatio~s of the report if directed by
the legislative body of Clie~t. The report shall i~clude
the followi~g:
(1) Pla~s a~d specificatio~s for the proposed imProveme~t.
(2) A ge~eral descriptio~ of improveme~ts to be acquired,
if a~y. a~d a legal descriptio~ of la~ds. rights-of-way,
easeme~ts or other i~terests i~ real property to be
acquired.
(3) A~ estimate of the cost of the improveme~t, i~cludi~g
the cost of acquisitio~s a~d all i~cide~tal expe~ses.
(4) A~ assessme~t diagram showi~g the parcels of la~d to
be assessed.
(5) A proposed assessme~t of the total cost of the imp-
roveme~t o~ be~efited parcels of la~d withi~ the
assessme~t district.
(c) Compilatio~ of a list of the ~ames a~d addresses of all
o~ers'of la~d withi~ the assessme~t district i~ accorda~ce
with records of the Cou~ty Assessor or i~ accorda~ce with
title reports provided by the Clie~t.
(d) Posti~g of ~otices of improveme~t o~ all ope~' streets
withi~ the assessme~t district at dista~ces ~ot greater
tha~ 300 feet apart. Copies of ~otice of improvme~t
for posti~g ar~ to be provided by the Clie~t.
(e) Co~structio~ staki~g.
(f) I~spectio~ of the work of Clie~t's co~tractor a~d
certificatio~ to the Clie~t of the co~tractorls e~titleme~t
to progress parme~ts.
(g) Atte~da~ce at meeti~gs of Clie~t's legislative body,
whe~ requested by Clie~t's staff, for the purpose
of prese~ti~g a~d seeki~g approval of the docurne~ts a~d
reports described i~ subparagraphs (a) a~d (b).
(h) Atte~da~ce at -all.other public rneeti~gs of Clie~t at
which matters relati~g to~~the assessme~t district
are co~sidered, except ro~ti~e matters.
(i) Atte~da~ce at staff meeti~gs or meeti~gs of property OVMers
upo~ the request of the Clie~t, after reaso~able ~otice.
(j) Telepho~e co~sultatio~ with staff members a~d property
o~~ers to a~swer e~gi~eeri~g questio~s about the assess-
me~t proceedi~gs.
(k) Preparatio~ of cha~ge orders as may be required duri~g the
course of co~structio~.
(1) Preparatio~ of a fi~al cost schedule after completio~ of
the improveme~t a~d payme~t of all i~cide~tal expe~ses.
2. The servi'ces of E~gi~eer u~der this agreeme'1t shall T')ot
i~clude the followi~g:
(a) Soil ET')gi~eeri~g a~d Geological Report.
The performa~ce by E~gi~eer of services excluded by this
paragraph, if required by Clie~t, shall be u~der separate oral
or writte'1 agreeme'1t.
3. I~ cOT')sideratio~ of the services set forth i~ paragraph
1, Clie~t shall pay to ET')giT')eer the followi~g fee a~d costs:
(a) A Lump Sum Fee iT') the amou'1t of $ 60,466.00 . Compe~satio~
shall be OT') the followiT')g basis:
(1) Upo~ the formatio~ of the District aT')d availability
of fUT')ds, a first paymeT')t i~ the amou'1t of $ 22,255.00.
(2) FollowiT')g iT')itiatio'1 of co~structio'1, billi~g for work
completed through the e~d of each cale'1dar mOT')th shall
be submitted for payme~t, with pa)~e'1t due withi'1
15 days followi~g.
(3) Fi~al payme'1t of aT')y fu~ds remai~i~g from the Lump
Sum Fee shall be made followi~g completio~ of co~tract
work a~d the subrnissio~ of the fi~al cost schedule.
In no event, however, will the compensation of-
Engineer exceed the amount set forth by Engineer
for that purpose in the Report, or any amended Report,
prepared by him under Section 10204 of the Streets '
I and Highways Code.
DATED: April 20, 1983
TOWN OF TIBURON, a municipal
~ corporation of the State of
Califorflia
BY~..,$~~
Mayo
ATTEST:
ROBERT L. KLEINERT,
~8~
/'
RHODE)S :D GARDNER;rR."1Z
~k?L o. _~.~
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