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HomeMy WebLinkAboutTC Res 1982 (January thru December) RESOLUTION NO. 2070 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUTAL AID AGREEMENT PLAN BETWEEN THE TOWN OF TIBURON AND THE JURISDICTIONS OF LAKE, MENDOCINO, SONOMA AND MARIN COUNTIES IN COORDINATION WITH THE REDWOOD EMPIRE CHAPTER OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, an agreement has been proposed between the Town of Tiburon and the Jurisdictions signatory in the Counties of Lake, Mendocino, Sonoma and Marin for building inspection mutual aid in time of disaster; and WHEREAS, in the opinion of the Town Council of the Town of Tiburon, the Town should be a party to said agreement. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: That the proposed agreement between the Town of Tiburon and the signatory members and the members of the Redwood Empire Chapter of ICBO, a copy of which is on file in the office of the Town Clerk of the Town of Tiburon, California, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the Town of Tiburon be, and he is hereby authorized and directed to execute said agreement on behalf of the Town of Tiburon, California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 1 ,1982, by the following vote: AYES: COUNCILMEN: Edelstein, Spratling, Smith, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bergmann Jt~~~ DENNIS ROCKEY, Mayor Town of Tiburon ATTEST: $&Y R. L. KLEINERT, Town Manager/Clerk Drafted 11/24/82 RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR BLACKIE'S PASTURE, A PORTION OF THE RICHARDSON BAY LINEAL PARK BE IT RESOLVED by the Town Council as follows: $ection 1. Findings. A. The Town of Tiburon's Parks and Recreation Commission has developed a Precise Plan for the Richardson Bay Lineal Park (Park) Blackie's Pasture area. B. The Town Council has held duly noticed public hearings for the purpose of reviewing the Master Plan and receiving comments and recommendations from the public and has granted an approval of the Master Plan. C. The Parks and Recreation Commission has held two duly noticed public hearings for the purpose of reviewing the plan and receiving comments and recommendations from the public and has recommended approval of the Precise Plan. D. The Board of Adjustments and Review has held a duly noticed public hearing for the purpose of reviewing the plan and receiving comments and recommendations from the public and has recommended approval of the Precise Plan. E. The project will not have a significant effect on the environment and a Negative Declaration of Environmental Impact has been filed with the State of California. F. The Planning Commission has held a duly noticed public hearing for the purpose of reviewing the Precise Plan and recommendations of the Board and Parks and Recreation Commission and receiving comments and recommendations from the public and has recommended approval of the Blackie's Pasture portion of the Precise Plan. G. The Town Council (Council) has held a duly noticed public hearing for the purpose of reviewing the Precise Plan and recommendations of the Board, Parks and Recreation Commission and Planning Commission and to receive comments and recommendations from the public. H. The Council finds that the requirements of Section 10-1 (A), (B), (C) and (D) of the Tiburon Zoning Ordinance has been satisfied. I. The Council finds that the Precise Plan as amended conforms to the Town's General Plan and the Park Master Plan, as well as other applicable regulations. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Precise Plan for the Blackie's Pasture portion of the Richardson Bay Park Precise Plan. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on November 17, 1982, by the following vote: AYES: COUNCILMEN: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ~~ DENNIS RO KEY, MAYOR TOWN OF TIBURON RESOLUTION NO. 2iUUL A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE FINAL TRACT MAP FOR A CONDOMINIUM SUBDIVISION AT 1110 MAR WEST CONOOM-INUM SUBDIVr-SIOR - Nr-1110 -MAR WEST WHEREAS~ the Town Council of the Town of Tiburon does resolve as follows: Section-l~ Fin-dings ~ A. The Town Council has received and considered the Final Tract Map submitted by Cynthia Gilbert to subdivide the airspace of one building into five office areas~ located at 1110 Mar West and has recommended approval to the Town Council (Council). B. The Council has considered the Planning Commission recommendation and the Final Map~ C~ The Council has found the use to be in conformance with the intent of the General Plan of the Town of Tiburon. D. The Council has made affirmative findings consistent with the standards of the PD Zone (Planned Development). E~ The Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101 (0) ~ NOW~ THEREFORE~ the Council does hereby approve the Final Map subject to the following conditions: l~ Applicant comply with all applicable subdivision regulations~ 2: Maintenance of the exterior of Building "B" shall be the responsibility of the owners of Building "B". PASSED AND ADOPTED at a regular meeting of the Town Council on Novembe-r -lT~- 1982~ by the following vote: AYES: COUNCILMEMBERS: Edelstein~ Bergmann~ Spratling, Smith~ Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ;il}:v~~bMay~r . Town of Tiburon ATTEST: RESOLUTION NO. 2067 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the Constitution of the State of California provides that the total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population except as otherwise provided in said Article XIIIB; and WHEREAS, pursuant to said Article XIIIB of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interests of the Town of Tiburon to establish an appropriations limit for the Fiscal Year 1982-83; and WHEREAS, the Finance Director of the Town of Tiburon has determined that said appropriations limit for the Fiscal Year 1982-83 be established in the amount of $1,423,338.00. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit for Fiscal Year 1982-83 pursuant to Article XIIIB of the Constitution of the State of California be established in the amount of $1,423,338.00 and the same is hereby established. BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 17 ,1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey COUNCILMEMBERS: None NOES: ABSENT: COUNCILMEMBERS: None (~s~ DENNIS RO KEY, YOR Town of Tiburon ATTEI&l~ R.L. KLEINERT, Town Manager/Clerk RESOLUTION NO. 2066 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OFFERING TO ABANDON PUBLIC EASEMENT AT 141 SUGARLOAF DRIVE WHEREAS, the Town Council is aware of an encroachment onto a Town easement by the owner of property at 141 Sugarloaf Drive; and WHEREAS, the easement was granted to the Town to provide members of the public a view of the surrounding areas; and WHEREAS, the improvements that have been placed upon the Town's easement have the effect of precluding the public from enjoying the original intent of the easement; and WHEREAS, the Town Council has considered alternate methods of providing the public with views of the surrounding area. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon will abandon its rights in the easement adjacent to l4l Sugarloaf Drive, so long as the following is first provided by the owner of 141 Sugarloaf: (1) The sum of $3,500.00 is donated to the Town of Tiburon for loss of the public easement and such funds to be used for the installation of two (2) benchesi one to be located within the right of way adjacent to 141 Sugar loaf and another to be placed on Town property, more commonly known as the Erma May moody Wilderness Area. The benches will be used for public over-looks. The Town will contract for the installation of the improvements. (2) Any remaining funds after the installation and construction of the benches and related improvements, will be placed in the Town's Open Space Fund. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 3, 1982 by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ()~~~ DENNIS ROCKEY, YOR Town of Tiburon RESOLUTION NO.2065 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 AGINS DEVELOPMENT WHEREAS, on November 18, 1982, the Town Council approved the Tentative Map submitted by Donald and Bonnie Agins for the development of approximately 5.l acres of land; and WHEREAS, Section 14-65 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 Commission and the Town Council; and WHEREAS, the Planning Commission did consider and endorse a one (1) 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 one (1) year extension of the expiration date for the Agins parcel Map from November 18, 1983 to November 18, 1984, and that it be subject to the conditions of Ordinance No. 245 N.S. and Resolution No. 1186. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on November 3, 1982 by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ Dennis Rockey, ayor Town of Tiburon Clerk Dated drafted: 10/27/82 RESOLUTION NO. 2064 AN RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING A "NO PARKING" ZONE ON AVENIDA MlRAFLORES BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON, that it is hereby ordered as follows: The following portion of Avenida Miraflores is hereby defined and established as a "NO PARKING" area and shall be governed by the provisions of Section 23.1 of the Tiburon Town Code: l. On the Westerly side of Avenida Miraflores, for a distance of 85' North of Hilary Drive. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 3, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann DEV~~YOR Town of Tiburon ATTEST: Drafted: 10/29/82 RESOLUTION NO. 2063 AN RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING A "NO PARKING" ZONE ON ROCKHILL DRIVE BETWEEN TIBURON BOULEVARD AND HAWTHORNE DRIVE EAST AND WEST SIDES BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON, that it is hereby ordered as follows: The following portion of Tiburon Boulevard is hereby defined and established as a "NO PARKING" area and shall be governed by the provisions of Section 23.1 of the Tiburon Town Code: l. On the East and West sides of Rockhill Drive, starting at Tiburon Boulevard to Hawthorne Drive. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 3, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann DE~ic~~AYOR Town of Tiburon Drafted: 10/29/82 RESOLUTION NO. 2062 AN RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING A "NO PARKING" ZONE ON TIBURON BOULEVARD NORTHSIDE EAST OF ROCK HILL DRIVE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON, that it is hereby ordered as follows: The following portion of Tiburon Boulevard is hereby defined and established as a "NO PARKING" area and shall be governed by the provisions of Section 23.1 of the Tiburon Town Code: l. On the Northside of Tiburon Boulevard, starting at Rockhill Drive and proceeding for a distance of 250 feet east. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 3, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergmann DEL~ftOR Town of Tiburon ATTEST: Drafted: 10/29/82 RESOLUTION NO. 2061 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE FOR TOM AND DAVE'S COFFEE SHOP - 1640 TIBURON BOULEVARD 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 requested Master and Precise Plan submitted by Tom and Dave's Coffee Shop in order for them to obtain a beer and wine license for their lunch trade. B. The Town Council has found the use in conformance with the Downtown Plan and with the Tiburon 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.D. (Planned Development District). D. The proposed use will not be detrimental to the Downtown area. NOW, THEREFORE, the Town Council resolves that the Precise Plan is approved subject to the following conditions: 1) The hours of operation of the coffee shop shall be from 7:00 a.m. to 3:00 p.m. Hours of operation may be changed from time to time by Resolution of the Town Council. 2) The sale of beer and wine shall be limited to the hours of 11:00 a.m. to 3:00 p.m. Hours of operation may be changed from time to time by Resolution of the Town Council. 3) No entertainment or sound amplification shall be provided that will produce noise beyond the boundaries of the property. 4) No PASSED of the Town vote: AYES: outdoor food service shall be permitted. AND ADOPTED at a regular meeting of the Town Council of Tiburon held on October 13, 1982 by the following NOES: ABSENT: COUNCILMEMBERS: Edelstein, Spratling, Smith, Rockey COUNCILMEMBERS: None COUNCILMEMBERS: Bergmann Atte~~ R. L. KLEINERT, Town Manager/Clerk Date drafted: 10/1/82 ~~~ DENNIS ROCKEY, ayor Town of Tiburon RESOLUTION NO. 2060 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING DAVID TEATHER AS THE TOWN OF TIBURON'S POET LAUREATE WHEREAS, David Teather over the years has served the Town of Tiburon in numerous different ways and capacities, and WHEREAS, during David Teather's distinguished career of service to the Town of Tiburon he has become acknowledged and respected in his ability to make immortal verse, and WHEREAS, much of David Teather's poetic success and stimulation can be traced to his good wife and Tiburon Town Historian, Louise Teather, and WHEREAS, since Tiburon's incorporation in 1964 there has not been a single Town activity, celebration or occasion worthy of mention that has not included a rhythmic creation by David Teather memorializing such event, and WHEREAS, the Town Council of the Town of Tiburon desires to officially recognize David Teather's unique poetic abilities and achievements, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby express on behalf of the citizens of Tiburon its sincere appreciation to David Teather for his outstanding poetic qualities and willingness to share such poetry with the Tiburon community, BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby appoint David Teather as Tiburon's Poet Laureate. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 6, 1982, by the fOllowing vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ DE NIS ROCKEY, YOR Town of Tiburon ATTEST: R. ~~GER/CLERK RESOLUTION NO.2059 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING COORDINATED EFFORT WITH THE MARIN COUNTY OPEN SPACE DISTRICT FOR SECURING FUTURE OPEN SPACE The Town Council of the Town of Tiburon does resolve as follows: WHEREAS, in 1972 the Town of Tiburon passed a 1,225,000 bond issue taxing the residents of the Town to acquire land for open space preservation; and WHEREAS, the Town of Tiburon has purchased approximately 165 acres of open space land at a cost of $1,235,000; and WHEREAS, the Town of Tiburon has purchased approximately 40 acres at a cost of $520,000 of open space lands that fall within the Marin County Open Space District's priority area on the Tiburon Ridge; and WHEREAS, the Town has purchased 60 acres of open space land adjacent to Ring Mountain at a cost of $200,000 which land is of Countywide open space significance; and WHEREAS, the Marin County Open Space District has cooperated with the Town of Tiburon in the purchase of approximately 44 acres of shoreline property; and WHEREAS, the Town of Tiburon has continued to pursue its open space goals and objectives for the preservation of open space on the Tiburon Peninsula including open space which is of a Countywide significance; and WHEREAS, the County of Marin in cooperation with the Town of Tiburon is presently undertaking revision of the Countywide Trails Plan; and WHEREAS, the Countywide Trails Plan will interconnect open space areas within the Town of Tiburon and County of Marin; and WHEREAS, it continues to be mutually beneficial for the Town of Tiburon and the Marin County Open Space District to work together in striving to preserve open space of Countywide significance on the Tiburon Peninsula; and WHEREAS, the Marin County Open Space District has available certain funds to assistant communities with the purchase of open space, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon respectfully requests the Marin County Open Space District to reaffirm the opportunity for the Town and County to work together to preserve open space and to state its commitment to preserving a portion of the Open Space District's funds so that open space lands on the Tiburon Peninsula may be preserved for residents of Tiburon and the County, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 6, 1982, by the following vote: AYES: COUNCILMEMBERS: Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Edelstein ATTEST: ~~MANAGER/CLERK ~/~ ~S DE IS ROCKEY, MAYOR Town of Tiburon RESOLUTION NO. ?OS8 RESOLUTION APPROVING AGREEMENT WITH BANK OF AMERICA AS PAYING AGENT AND FISCAL AGENT La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in La Cresta Assessment District No. 1 this Council approves that certain agreement between the TOWN OF TIBURON and BANK OF AMERICA, dated September 15, 1982, and attached to this resolution. The Mayor is authorized to sign the agreement and the Town Manager/Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982 by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith Rockey COUNCILMEN None NOES: ABSENT: COUNCILMEN None ~5R~ Mayor Town of Tiburon ATTE~~ R. t. KLEINERT, Town Manager/Clerk Drafted: 9/15/82 RESOLUTION NO. 2057 RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: The Finance Director has filed a Paid arid Unpaid List of assessments in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. A copy of said list is attached to this resolution as Exhibit A and included in it. The Town Council shall issue improvement bonds under the provisions of the Improvement Bond Act of 1915 of the State of California upon the security of the assessments shown as unpaid on the attached list. The Town Clerk shall transmit a copy of this resolution to the Marin County Auditor. The Auditor is requested to comply with the provisions of Section 8682 of the Streets and Highways Code in the collection of installments of these assessments on the assess- ment roll for taxes. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN NOES: COUNCILMEN ABSENT: COUNCILMEN ~s;f~ Mayor Town of Tiburon :~T:~T~ Drafted: 9/15/82 PAID aND UNPAID LIST OF ASSESSMENTS La Cresta Assessment District No.1, Town of Tiburon, Marin County,California I HEREBY CERTIFY that the attached list of Paid and Unpaid Assessments correctly reflects (1) all amounts received by me on account of assessments in La Cresta Assessment District No.1, and (2) all amounts remaining unpaid on each of the assess- ments in said district. Executed at Tiburon, California, on September 15, 1982. ALAN NADRITCH, Finance Town of Tiburon, Marin California EXHIBIT A Jl.s ses sment & Diacram No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PAID AND UNPAID LIST La Cresta Assessment District No.. 1 NO ASSESSMENTS PAID UNPAID LIST TOTAL ASSESSMENT $ 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.22 114,221.26 $2,055,982.00 RESOLUTION NO. 2056 RESOLUTION AWARDING CONTRACT La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: The Town of Tiburon has received public bids for the construction of improvements in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. The Engineer of Work has reviewed the bids and now recommends award of the construction contract to the lowest responsible bidder, W.R.FORD CONSTRUCTION CO. , whose bid price is $754,059.25. The Town Council therefore awards the contract to that bidder. All other bids are rejected. The Town Council directs the Town Manager/Clerk to publish a notice of award of contract. The Town Council authorizes and directs the Mayor and the Town Manager/Clerk to sign the written contract for this construction when it is presented to them for signature, along with the surety bonds and insurance certificates required by the construction specifications. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None C&nr~~ Mayor Town of Tiburon Drafted: 9/15/82 RESOLUTION NO. 2055 RESOLUTION ORDERING SALE OF BONDS La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: The Town Council accepts the offer of WULFF, HANSEN & CO. (attached to this resolution and by reference in- corporated in it), to purchase all of the improvement bonds to be issued in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. The Town Council directs the sale and delivery of the bonds to the offeror in accordance with the terms and conditions stated in the offer. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Ro ckey NOES: COUNCILMEN None ABSENT: COUNCILMENNone :~T:~~~lerk ~5;?J"r Mayor 'rown of Tiburon Draffed: 9/15/82 Municipal Financing Special Assessment and Revenue Bonds County City Special district Commercial Industrial Residential Hospital Public Street opening Sewer Water Landscaping Sidewalks - rbs tters rhting _ ii nage Traffic control Parking Meters Pedestrial malls Parks Playground Recreation Refinancing Renovation Dredging Reclamation VVULFF, HANSEN 8: CO. ESTABLISHED 1931 INVESTMENT SECURITIES 201 SANSOME STREET, 7TH FLOOR SAN FRANCISCO 94104 [415J 421-8900 September 7, 1982 Town Council Town of Tiburon California Re: La Cresta Assessment District No. 1 Improvement Bonds, Town of Tiburon, California We hereby offer to purchase all, but not less than all, bonds to be offered by the Town of Tiburon according to the Improvement Bond Act of 1915 of the State of California (after proceedings under the Municipal Improvement Act of 1913) to represent the cost of acquisitions and improvements in the La Cresta Assess- ment District No.1. We make this offer under the following terms and conditions: Amount of Bonds: Approximately $2,000,000.00 Form of Bonds: Payable to bearer, 5M denominations due serially with semi-annual interest coupons attached. The odd bond to be in the 1984 maturity. All bonds to be registrable and deregistrable as to principal and interest. Interest Coupon Rate: 11.00% 1984-88, 11.50% 1989-92, 12.00% 1993-03. Price: 91.49% of par value plus accrued interest (a discount of 8.51%). Term: 20 years. NEARLY HALF A CENTURY HELPING CALIFORNIANS Town Council Town of Tiburon September 7, 1982 Page Two Maturity Schedule: Serially from 7-2-84 to 7-2-03 as shown below: 1983/84 1984/85 1985/86 1986/87 1987/88 1988/89 1989/90 1990/91 1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00 2000/01 2001/02 2002/03 $ 10 ,982. 00 15,000.00 20,000.00 35,000.00 45,000.00 50,000.00 55,000.00 60,000.00 70,000.00 85,000.00 90,000.00 100,000.00 115,000.00 130,000.00 145,000.00 165,000.00 185,000.00 205,000.00 225,000.00 250,000.00 Date of Bonds: Approximately September 27, 1982. Foreclosure Clause: Town to covenant to commence judicial foreclosure of delinquent assessments within 120 days of any delinquency. The Town shall establish from the pro- ceeds of the bonds a reserve fund equal to 12.00% of the principal amount of the bonds. In establishing the amount to be deposited in the reserve fund from the proceeds of the bonds, we have considered the applicability of the Town to accumulate in the reserve fund all proceeds from investment of monies in said reserve fund until the total of the fund reaches 15% of the prin- cipal amount of the bond proceeds less any discount, plus accrued interest. Reserve Fund: Town Council Town of Tiburon September 7, 1982 Page Three Place of Delivery: Time of Delivery: Redemption Premium: Legal Opinion: Expiration: Paying Agent: MP/pal In this instance, the reserve fund has been initially established as set forth above, which amount (taking into account retention in said reserve fund of the estimated proceeds from investment of monies in said reserve fund) we deem reasonable for this issue and necessary to market the bonds at competitive market rates. Treasurer's office or as agreed by Town Treasurer and the undersigned. Not later than 48 hours after the Town notifies the undersigned that bonds are ready for delivery. 5% of unmatured principal. The opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California without qualification and without expense to us to be printed on the bonds. This offer expires September 16, 1982. Bank of America, Corporate Agency, San Francisco, California. Very truly yours, ~N~. Mark Pressman Vice presi nt , . ames D. Hansen -_ resident The undersigned property owner hereby agrees to the above terms and conditions. ~~2 D te ~L;gp ~<f - /l.&;-~/ j" .~c I NANA ENTERPRISES RESOLUTION NO. 2054 RESOLUTION AUTHORIZING CHANGE ORDERS La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: The Town Council hereby authorizes the Superintendent of Public Works of the Town of Tiburon to issue change orders for the work in La Cresta Assessment No.1, under the fOllowing conditions: 1. To correct clerical and technical errors in the plans and specifications. 2. To modify the design of the improvement to accord with better engineering practice or to achieve economy of construction. 3. To adjust the design of the improvement to utility locations, soil conditions, or other conditions unknown or uncertain when plans were drawn. Cost increases in change orders issued under this authority shall not aggregate more than the amount set aside for construction contingencies in the cost estimate approved by the Town Council. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Sp~atling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None ~sR~ Mayor Town of Tiburon AT~~ R. L. ~T' Town Manager/Clerk Drafted: 9/15/82 RESOLUTION NO. 2053 RESOLUTION CONCERNING FORECLOSURE OF DELINQUENT ASSESSMENT LIENS La Cresta Assessment District No.1, Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: 1. If any installment of the principal or interest of any assessment levied in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, becomes delinquent, the Town Council shall cause the filing of an action in the Superior Court of the County of Marin to foreclose the lien of the delinquent assessment pursuant to the authority given in Section 8830 and following of the Streets and Highways Code of the State of California. This action shall be filed not later than one hundred twenty (120) days following the date of delinquency. 2. This resolution is adopted as an inducement to the purchase of improvement bonds to be issued in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, and Paragraph 1 hereof shall constitute a covenant to the bondholders. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None Ma~s/C~ Town of Tiburon ATT~~ R. L. KLEINERT, Town Manager/Clerk Drafted: 9/15/82 RESOLUTION NO. 2052 RESOLUTION ESTABLISHING BOND RESERVE FUND La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: 1. There is hereby created a special fund to be designated Special Reserve Fund, La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. 2. Out of the proceeds of the sale of improvement bonds to represent unpaid assessments in La Cresta Assessment District No.1, there shall be deposited in the special reserve fund the amount designated for this purpose in the report required by Section 10204 of the Streets and Highways Code and approved by this Town Council, reduced by an amount which bears the same ratio to the amount set forth in the report as the amount of assessments paid in cash bears to the total amount of assessments. 3. During the term of the improvement bonds, the money in the special reserve fund shall be available for transfer into the redemption fund for the bonds pursuant to Section 8808 of the Streets and Highways Code. The amount so advanced shall be reimbursed to the special reserve fund from the proceeds of redemption or sale of the parcel for which payment of delinquent assessment installments was made from the special reserve fund. 4. If any assessment is prepaid prior to the final maturity of the bonds, the amount of principal which the assessee is required to prepay shall be reduced by an amount which is in the same ratio to the original amount of the special reserve fund, together with accrued interest, as the original amount of the prepaid assessment bears to the total amount of assessments originally levied in La Cresta Assessment District No.1. The reduction in the amount of principal prepaid shall be compensated for by a transfer from the special reserve fund to the redemption RESOLUTION NO. 2051 RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: This Council has taken a series of actions preliminary to ordering the improvement in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, and now makes the following findings and orders: 1. The Council adopted a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Marin in the Book of Maps of Assessment Districts. 2. The Council adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1913, and directed SCHWARTZ. WAAG ASSOCIATES, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: The acquisition and/or construction of streets, including clearing, grading, soil stabilization, sub-base, base, pavement, curbs and gutters, sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and appurtenances; a system of domestic water supply, including fire hydrants, services, water tank, pump station and appurtenances; street lights, underground electrical, natural gas, telephone and television facilities and appurtenances; and all other improvements and appurtenances necessary for a complete scheme of public improvements to serve each lot within the District, including acquisition of any rights of way necessary thereto. 3. The Engineer of Work filed the report as directed, and the Town Council called a hearing on the report as required by Section l030l of the Streets and Highways Code. Notice of the hearing was given by publication, by street posting and by mailing to affected property owners, all according to the Municipal Improvement were filed with the Town Manager/Clerk. Act of 1913. Affidavits of publication, posting and mailing 4. At the time and place for which notice was given, the Town Council conducted a public hearing and gave every interested person an opportunity to object to the pro- posed improvement, the extent of the assessment district, or the proposed assessment. Following the hearing, at the an Amended Report. direction of the Town Council, the Engineer of Work filed 5. The Town Council finds that written protests against the proposed improvement have not been made by to be assessed for the improvement. owners representing more than one-half of the area of the land 6. The documents and events described in Paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their Manager/Clerk. numbers. All documents are now on file with the Town Document or Event Date Number 2006 a. Resolution approving boundary map b. Boundary Map filed with County Recorder c. Resolution of Intention d. Filing of Engineer's Report e. Resolution accepting Report f. Certificate of Mailing Notice of Improvement g. Affidavit of publication of Notice of Improvement h. Certificate of Posting Notice of Improvement i. Public hearing conducted j. Amended Engineer's Report filed 3/17/82 4/17/82 3/17/82 8/4/82 8/4/82 8/16/82 8/18/82 & 8/25/82 8/17/82 9/15/82 9/15/82 2009 2038 7. The Council approves the Amended Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Council finds that the Engineer of Work, in the Amended Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, 2 respectively, from the improvement. The Town Council hereby confirms and levies each individual assessment as stated in the Amended Engineer's Report. 9. This Town Council orders the improvement described in paragraph 2 and as detailed in the Amended Engineer's Report. 10. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature nineteen years from the second day of July next succeeding ten (10) months from their date. 11. According to Section 10603 of the Streets and Highways Code, the Council designates the Finance Director to collect and receive payment of the assessments. 12. The amount to be assessed against each of the parcels or subdivisions of land shown on the Amended Report does not exceed 75% of the market value of each of the properties assessed after the construction of improvements; and the appraisal of the market value of the properties to be assessed on file in these proceedings is hereby adopted as the market values of each of said parcels. * * * 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None Ma~~ Town of Tiburon ATTEST: ~ R. ~T" Town Manager/Clerk Drafted: 9/15/82 4 fund for the bonds of a like amount. 5. In order to prevent the reserve fund from exceeding the reserve limitations set by federal statute and regulation, the Finance Director is hereby authorized and directed to make transfers of accrued interest from the reserve fund to the bond redemption fund from time to time, and to establish pro rata credits against annual installments of assessment principal and interest in a like amount in the year following the year of transfer. 6. When the amount in the special reserve fund equals or exceeds the amount required to retire the remaining unmatured bonds (whether by advance retirement or otherwise), the amount of the special reserve fund shall be transferred to the redemption fund for the bonds, and the remaining installments of principal and interest not yet due from assessed property owners shall be cancelled without payment. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None J4-sR~ Mayor Town of Tiburon ATT R. L. K INERT, Town Manager/Clerk Drafted: 9/15/82 2 RESOLUTION NO. 2050 RESOLUTION APPROVING AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in La Cresta Assessment District No. 1 this Council approves that certain agreement between the TOWN OF TIBURON and PACIFIC GAS AND ELECTRIC COMPANY, dated September 15, 1982, and attached to this resolution. The Mayor is authorized to sign the agreement and the Town Manager/Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey COUNCILMEN None NOES: ABSENT: COUNCILMEN None 4u..s ~ Mayor Town of Tiburon Drafted: 9/15/82 RESOLUTION NO. ?04Q RESOLUTION APPROVING AGREEMENT WITH TELE-VUE SYSTEMS, INC., A WASHINGTON CORPORATION DOING BUSINESS AS VIACOM La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in La Cresta Assessment District No. 1 this Council approves that certain agreement between the TOWN OF TIBURON and TELE-VUE SYSTEMS, INC., A WASHINGTON CORPORATION, DOING BUSINESS AS VIACOM, dated August 24, 1982, and attached to this resolution. The Mayor is authorized to sign the agreement and the Town Manager/Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey COUNCILMEN None NOES: ABSENT: COUNCILMEN None 11': '~ ~ Mayor Town of Tiburon AT~~ R. L. KLEINERT, Town Manager/Clerk Drafted: 9/15/82 RESOLUTION NO. 2048 RESOLUTION APPROVING AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in La Cresta Assessment District No.1, this Town Council approves that certain agreement between the TOWN OF TIBURON and the MARIN MUNICIPAL WATER DISTRICT, dated March 24, 1982, and attached to this resolution. The Mayor is authorized to sign the agreement and the Town Manager/Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the fOllowing vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None Ma!o~~ f24 Town of Tiburon Drafted: 9/15/82 RESOLUTION NO. 2047 RESOLUTION APPROVING AGREEMENT WITH RICHARDSON BAY SANITARY DISTRICT La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: As a part of the proceedings for improvements in La Cresta Assessment District No.1, this Town Council approves that certain agreement between the TOWN OF TIBURON and the RICHARDSON BAY SANITARY DISTRICT, dated September 15, 1982, and attached to this resolution. The Mayor is authorized to sign the agreement and the Town Manager/Clerk is authorized to attest its execution. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN None tkUtt~ t?0r4-- Mayor Town of Tiburon ATTES~ R. L. KLEINERT, Manager/Clerk Drafted: 9/15/82 RESOLUTION NO. /.04h RESOLUTION AMENDING RESOLUTION OF INTENTION La Cresta Assessment District No. 1 The Town Council of the Town of Tiburon resolves: Resolution of Intention No. 2009, adopted by the Town Council of the Town of Tiburon on March 17, 1982, is hereby amended as follows: The following paragraph is hereby deleted: "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 four- teen (14) years from the second day of July next succeeding ten (10) months from their date." And the following paragraph is substituted therefor: "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 nineteen (19) years from the second day of July next succeeding ten (10) months from their date." * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergmann, Spratling, Smith Rockey COUNCILMEN None NOES: ABSENT: COUNCILMEN None ~R4 Mayor Town of Tiburon ATTESTI&~ R. L. ~L NERT, Town Manager/Clerk Drafted: 9/l5/82 RESOLUTION NO. 2045 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE RATE OF THE OVERRIDE TAX LEVY APPLICABLE TO THE TOWN'S 1972 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1982-83 WHEREAS, in 1972 the voters approved the issuance of Open Space Bonds by the Town of Tiburon to acquire certain real property; and WHEREAS, an override tax rate for 1982-83 applicable to this bonded indebtedness has been computed by the Marin County Controller's Office; and WHEREAS, the computed tax rate per $100 of full value is $.020 for fiscal year 1982-83, and which has been approved by the Marin County Board of Supervisors; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the rate of $.020 per $100 of full value as the override tax levy applicable to the Town's 1972 Open Space bond issue for fiscal year 1982-83. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September15, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f) @m,;~ DENNIS ROCKEY, YOR T n of Tiburon ATTEST: drafted: 9/10/82 RESOLUTION NO.2044 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROPOSING A 1982 AYALA DAY SPORTS CHALLENGE TO THE CITY OF BELVEDERE WHEREAS, the City of Belvedere and Town of Tiburon met for the first (sporting) time in December 1974 on the Del Mar gridiron; and WHEREAS, the two Tiburon peninsula agencies competed again during the 1976 Bi-centennia1 festivities in a challenge tug-of- war contest; and WHEREAS, since 1977 the City of Belvedere and Town of Tiburon have competed annually in spirited and scrappy Ayala Day volleyball contests which were later contested; and WHEREAS, the overall challenge match record is now in favor of the Town of Tiburon, and an offer is hereby extended to the City of Belvedere to consider again participating in a suitable sporting contest; and WHEREAS, in accordance with the rules of proper gamesmanship, the Town of Tiburon offers the City of Belvedere an opportunity to even the match series. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby challenge the City of Belvedere to a volleyball contest, and that a desireable date and location would be Ayala day 1982, Sunday, October 10th, on Angel Island. PASSED AND ADOPTED at a regu1a~ meeting of the Town Council of the Town of Tiburon on September 15, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None L~ DENNIS ROC EY, OR Town of Tiburon ATTEST: ~y/ ~ R. ~~AGER/CLERK Drafted: 9/9/82 RESOLUTION NO. 2Jl.D. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TENTATIVE TRACT MAP FOR A SUBDIVISION AT-lllO MAR WEST 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 Tentative Tract Map submitted by Cynthia Gilbert, acting on behalf of the Moana Corporation to subdivide the airspace of one building into six office areas located at 1110 Mar West. 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 of the PO Zone (Planned Development). D. The Town Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101 (0). NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby approve the Tentative Map subject to the following conditions: 1. Applicant comply with all applicable subdivision regulations. 2. The C.C. & R's be approved by the Town Attorney prior to recordation of the Subdivision Map, with special attention to conformity with the Moana Corporation's C.C. & Rls. 3. Maintenance of the exterior of Building IIBII shall be the responsibility of the owners of Building IIBII. PASSED AND ADOPTED at a regular meeting of the Town Council on September 1 1982, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Smith Mayor Rockey COUNCILMEMBERS :None COUNC I LMEMBERS :None ~~-.;~~ DEN IS ROCKEY, M or Town of Tiburon ATTEST: Date drafted: August 26, 1982 RESOLUTION NO. 2JlA.3. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TENTATIVE TRACT MAP FOR A SUBDIVISION AT-lllO MAR WEST 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 Tentative Tract Map submitted by Cynthia Gilbert, acting on behalf of the Moana Corporation to subdivide the airspace of one building into six office areas located at 1110 Mar West. 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 of the PO Zone (Planned Development). D. The Town Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101 (0). NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby approve the Tentative Map subject to the following conditions: 1. Applicant comply with all applicable subdivision regulations. 2. The C.C. & R's be approved by the Town Attorney prior to recordation of the Subdivision Map, with special attention to conformity with the Moana Corporation's C.C. & R1s. 3. Maintenance of the exterior of Building "B" shall be the res pons i bi 1 i ty of the owners of Buil di ng liB II . PASSED AND ADOPTED at a regular meeting of the Town Council on September 1 1982, by the fo 11 owi ng vote: AYES: NOES: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Smith Mayor Rockey COUNCILMEMBERS :None COUNC I LMEMBERS :None ABSENT: ~~-,~~ DEN IS ROCKEY, M or Town of Tiburon ATTEST: Date drafted: August 26, 1982 RESOLUTION NO. 2042 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TOWN ENGINEER TO EXECUTE RIGHT OF WAY CERTIFICATIONS ON BEHALF OF THE TOWN OF TIBURON WHEREAS, from time to time it is necessary, in conjunction with certain Town projects, that the Town of Tiburon provide certification of its right-of-ways to various government agencies. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby authorize the Town Engineer to execute right-of-way certifications on behalf of the Town of Tiburon. PASSED AND ADOPTED, at a regular meeting of the Town Council of the Town of Tiburon on September 1 ,1982, by the following vote: AYES: COUNCILMEMBER: Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: None ~~~ DENNIS ROCKEY, YOR Town of Tiburon Drafted: 8/26/82 RESOLUTION NO. 2041 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A TEMPORARY CONDITIONAL USE PERMIT FOR A GARAGE/STORAGE UNIT LOCATED AT ll2 MAIN STREET 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 Conditional Use Permit submitted by Main Street Properties to construct a garage storage unit located at the rear of 112 Main Street. 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 21 (C) of the Tiburon Zoning Ordinance dealing with Use Permits. D. The Town Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15103 (e) . NOW, THEREFORE, BE IT RESOLVED that the Town Council approve the Conditional Use Permit subject to the following conditions: 1. The design of the garage/storage unit shall be reviewed and approved by the Board of Adjustments and Review prior to issuance of a Building Permit. 2. In accordance with Ordinance No.9 N.S., Section 10-10(j), the Temporary Use Permit shall be for a period of one year. 3. The garage/storage unit ared shall be no larger than 672 square feet. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 18, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Spratling, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (r~~ DENNIS ROCKE , ~ OR TOWN OF TIBURON ATTE/~~ R. L. KLEINERT, TOWN NAGER/CLERK Drafted: Revised: 8/12/82 8/18/82 RESOLUTION NO. 2040 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: The Mayor is authorized to execute, and the Town Manager/Clerk is authorized to attest, on behalf of the Town of Tiburon, an agreement between the TOWN OF TIBURON and WULFF, HANSEN & COMPANY, to serve as Managing Under- writers to the Town until the parties enter into a Purchase Contract for the negotiated sale of improvement bonds issued by the Town pursuant to the Improvement Bond Act of 1915, and the Municipal Improvement Act of 1913, for public work im- provements in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4, 1982, by the following vote: AYES: COUNCILMEN-: Edelstein, Bergmann, Smith, Mayor Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN Spratling ~/;,?~ DENNIS ROCKEY, MAYOR Town of Tiburon R. L. KLEINERT, Town Manager/Clerk Drafted 8/4/82 RESOLUTION NO. 2039 RESOLUTION CALLING FOR CONSTRUCTION BIDS La Cresta Assessment District No.1, Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: 1. This Town Council has given preliminary approval to the report of the Engineer of Work for improvements in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California.. The report includes plans and specifications for the construction of improvements described in the report. 2. Sealed proposals for this construction will be received not later than 2:00 P. M. on Thursday, September 2, 1982, in the office of the Engineer of Work, SCHWARTZ. WAAG ASSOCIATES, 134 Paul Drive, San Rafael, California. At that time and place the sealed proposals proposals will be publicly opened, examined and declared. 3. The Town Council reserves the power in its discretion to reject all proposals. The award of construction contract, if made, shall be made to the lowest responsible bidder within the time fixed in the specifications (or any extension of time agreed to by the Town of Tiburon and the lowest responsible bidder). 4. The Town Manager/Clerk is directed to publish a notice inviting sealed proposals in THE ARK, in accordance with the Municipal Improvement Act of 1913. The Engineer of Work is authorized to give additional notice and to distribute additional information as necessary in the judgment of the Engineer of Work, to secure competitive bidding. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4, 1982, by the following vote: AYES: COUNCILMEN: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Spratling ()k.,,{!24 DENNIS ROCKEY, MAYOR Town of Tiburon ATTEST: -L~~ R. L. KLEINERT, Town Manager/Clerk Drafted: 8/4/82 2 RESOLUTION NO. 2038 RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: 1. At the direction of this Town Council, SCHWARTZ. WAAG ASSOCIATES, Engineer of Work for improvement proceedings in La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, has filed with the Town Manager/Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 19l3). 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 Town Council sets 8:00 P.M. on Wednesday, September 15, 1982, in the Libary of the Del Mar School, 105 Avenida Miraflores, Tiburon, California, as the time and place for hearing protests to the proposed improvements. 3. The Town Manager/Clerk is directed to publish, post and mail the notices of improvement required by the Municipal Improvement Act of 1913, and to file an affidavit of compliance. The notice shall be published in THE ARK. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4, 1982, by the following vote: AYES: COUNCILMEN: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Spratling --1)Aw6 \(~ DENNIS ROCKEY, MAYOR Town of Tiburon ATTEST: $#;r- R. L. KLEINERT, Town Manager/Clerk Drafted: 8/4/82 2 RESOLUTION NO. 2037 A RESOLUTION OF THE TOT~ COUNCIL OF THE TOWN OF TIBURON ACKNOWLEDGING OFFER OF DEDICATION BY NANA ENTERPRISES AND CONSENTING TO THE RECORDATION THEREOF BE IT RESOLVED that pursuant to Section 7050 of the California Government Code, the interest in real property offered by the attached irrevocable Offer of Dedication to the Town of Tiburon, a political subdivision of the State of California, is hereby acknowledged and consent is hereby given to the recordation of said offer. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ~,;~ DENNIS ROCKEY, YOR Town of Tiburon ATTEST: ~41~ERK DRAFTED: 7/30/82 [' r g 20 4 00 & 5 ;:::~.:_t"~~J :':'~~~l ~ ~vm ~ $/rcv0/f OPEN SPACE DEED AND AGREEMENT : ,~.? SfP 24 ~ 2: !,:- into this ~ day o~ Seot~wer , 19827 by and be~~een I J \ F.:,~;':\ b~,(!~:r~-' ;r:~O'T ;;~ ~\;~i;~ '. , '. ,..,":--.....,,' J .-...-... THIS OPEN SPACE DEED AND AGREEMENT is made aria- 'erit'e~'a i .: NAB.! ENTERPRISES, a corporation, hereinat'ter ref'erred to as -Grantor-, and the TOWN OF TIBURON, a municipal corporation, hereina!'ter re~erred to as "Grantee." !1!!~s.2!!!t: I I I [ ! ~~AR, Grantor is the owner o~ that certain real pro- perty, hereinrlter re.terred to as "La Crests n, located paxtia11y in the Town of Tiburon and partially in the County of Karin, and which is more particularly described as 1IMap of La Cresta JI, riled in Book ..a. of' Record Maps at Page 7'5Ma..rin County Records; and WR'F.J?~A~, Grantee has heretof'ore approved a Master Plan for the deve10pment of' ~ 0restan subject to the condition that; Grantor convey to Grantee certain property for open space purposes, hereina!'ter ref'erred to as -Deeded Property", and more particu1arly described as npareel A- on said JlMap of La Cresta -; and. ~"RA~, said property has scenic, nat'~a1 and aesthe- tic value in its present state as an open natural area which has not been subject to development or exploitation; and ~~A~, Grantor is willing to convey said property for open space purposes thereby restricting and limiting the use of the Deeded Property, on the terms and conditions and tor the purposes hereinafter set ~orth; and ~~A~, Grantee is willing to accept such prcperty on the terms and conditions and for the purposes hereinafter set forth; and -1- ., ..,,, 870~0065 WHEREAS, Grantor and Grantee recognize the scenic, ~es~hetic and open space value of the Deeded Property in its natu-~l state and have by conveyance thereof to Grantee the common purpose of conserving the geological fOrJIs.tions, vegetation, and wildlife of the Deeded Property ani of pre- venting the use or development of said property for any purpose or in any manner which would cor~~ict with the main- tenanes of the property in its undeveloped, open and un- improved natural state. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements of each of the parties, it is mutually agreed as follows: 1. By this deed, Grantor grants, conveys and donates to Grantee and to the successors and assigns of Grantee ~ perpetuity for open space purposes the Deeded Property to preserve the natural state of the Deeded Property and to conserve and protect animal, bL..--d and plant population there- on, and to preserve and restrict the Deeded Property as undeveloped~ open and unimproved land. Provided, however, Grantor and/or the Maxin ~unicipal water District its administrators, successors and assigns reserves the right to install and maintain a domestic water storage tank and all a.ppurtenant pipelines and equipment necessary to supply service to the La Crests development, and Grantor and/or any public utility entity also reserves the right to install and maintain any and all subsurface public utilities and equipment necessary to serve the La Crest~ development, together with the right of access over said prop~rty for such installation and maintenance. 2. The Town of Tiburon shall have the authority to control and permit public use of said Deeded Property tor hiking; bicycling, hcrs~back ridin~ and ether purposes which will not adyerseley affect the property'e natural sce~ic and ~esthetic values2 ",,2- 820'0055 3. The conveyance of the Deeded Property as set forth in paragrapn 1 hereof shall become effective and operative con- currently witb and not before recordation in the office of the Marin County Recorder of a final s'-lbdivision map for the development of RLa Cresta" in acc.ordance wi~h the approved Master Plan thereof. ~ It is agreed that if the Town of Tiburon does not use the Deeded Property for the purposes herein above set forth, said property shall be transfered ~v the Marin County Open Space District or to a similar open space or land manage- ment agency. 5. In the event of a amendment to the Marin County Local Agency Formation Commission's Sphere of Influence boundary between the TOWIl of Tiburon and the Tow'rl of Corte Madera, that portion of the Deeded Property lying within ~he Corte Madera Sphere of I-rfluence as a result of such amend- .nent shall be offered to the Town of Corte iJfauera if the I'O\...n of Tiburon no IOLger wishes to maintaih that portion of the Deeded Property as ope~ space. (. It is agreed trlat the conve:iance of the Deeded Pro- perty as set forth in paragraph 1 hereof is made and accepted upon the condition that the Deeded Property shall be used in perpetuity solely for the purposes hereinabove set forth ana upon a breach of such condition, the title to tne Deeded Pro- perty shall revert to , ~.. ana. vest. in t:ne Grantor and Grantor's executors, administrators, successors and assigns, who ~~all thereupon have the right of immediate reentry upon said pre- mises. IN WIT~~SS WHEREOF, the parties hereto have entered into this Open Space ~eed and Agreement the day and year first _ ~ _ _ _ '"' .._..:. .J... ~ _ _ au u './ C #I;'-..i.. ~ \... c: U. . -)-- ," --_" -~--',~~:~:.~:~E:__-~~-~~<~~:ir;~~';'t~~'z~~;r:z~ '~- 820\0065 NL.,A ENTERPRISES, If. V. Grantor BY:~. 4 ~. ~ TOWN OJ' TIBUROli, a Municipal Corporation, Grantee BY; ~ J2,L-. ~ MAYOR :~T:R/~ TOn MANAGER - QLERK -4- 820~006S COUNTY OF ~.ARIN STATE OF CALIFORNIA. ) ~ 88: '2-'; 5-Ef ~ f>d!1982, On be!~re ~he undersigned, a No~ary Public in ~d tor the County of Marin, State ot Cali!- ornia, du1y commi.ssi.oned and sworn, personally appeared F3 r1-lf:.J} h\.- iVW/1/ Known to me to posses power o~ attorney ~or Nana Enterprises N . V ., 'that execu:ted the vi thin instrument t cd also known to me 'to be the person who executed. the within instrument on behall of Nana Enterprises Ii. V . IN WI!NESS WHEREOF I have hereunto set my hand and a1."fixcd My commission expires: m.y o:t!icial seal in the County of Marin the day and year in this certificate first above written. - -: ~-:-_-~:€.~~:tW:'~~~~-~r~~~~~~~~"1ff~-,,' ,--'- ~v~~.Jl ~-~-~. -.--..___ ~- ~~~ _ -~UAlJ.~~~.:..-~_...x~ 820~006S STATE OF CALIFORNIA ) ) COUNTY OF FJ~IN ) ')-J/- ~--~982, ss: On before the unde~signed, a OI Marin, State of Calif- personally ~eared . - (2o-4~.T- /Q.F/ t4:f(j' Manager-Clerk of the -Town that executed the within Notary Public in and for the County ornis, duly commissioned and sworn, "Y'.o.rNI.J (U; "'K ~ -+- known to me to be the Mayor and Town of Tiburon, a municipal corporation, instrument, and also known to me to be the persons who ex- ecuted the withi~ instrument on behalf of the municipal corp- pration therein named. Il~ WITNESS WHEP..E.oF I have hereunto set my hand and affixed my official seal in the County of M'arin the this certificate first above written. of My commission expires: '~,' - _'''', ' c..Y4...::-:" :..- ""; ..-"'!' ~..JIIt.. ,~\ :i "1'", ;nt$S1'.; , - ~~.";7 ~'----.. .., -- ,f. :;; RESOLUTION NO. 2036 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE PRECISE PLAN FOR THE SUBDIVISION LOCATED AT 4883 AND 4885 PARADISE 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 amendments to the Master and Precise Plan submitted by Paul Kahn to modify and expand the existing building envelopes as shown on the Tentative Map dated June 24, 1982. B. The Town Council has found the use to be 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 10-4 of the Tiburon Zoning Ordinance dealing with the RPD-l Residential Planned Development and Open Space District. D. The Town Council has found that this project would not have a significant effect on the environment and has filed a Negative Declaration for the project. NOW, THEREFORE, the Town Council recommends to the Town Council that the Master and Precise Plans be modified, subject to the following conditions: 1. All previous conditions of the Master Plan adopted October 18, 1978 and the Precise Plan adopted in August of 1979 be complied with. 2. The applicant provide evidence of the geologic stability of the proposed building envelopes for lots #2 and #3 to the satisfaction of the Town Engineer and Building Official prior to issuance of a building permit for lots #2 or #3. 3. A landscaping plan be reviewed and approved by the Board of Adjustment and Review for lot #1 and that the landscaping be installed on lot #1 prior to issuance of a building permit on lots #2 or #3. PASSED AND ADOPTED at a regular meeting of the Planning Commission on August 4 1982, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Edelstein, Bergmann, Smi th, Rockey COUNCILMEMBERS: None COUNCILMEMBERS: Spratling ~,sK~ DE NIS ROCKEY, May ~Town of Tiburon ATTEST: ~/ ROB~~r/Clerk Town of Tiburon Date drafted: 7/30/82 RESOLUTION NO. 2035 A RESOLUTION OF THE TOvm COUNCIL OF THE TOI~ OF TIBURON SUPPORTING THE CCCSA'S EFFORTS TO SEEK RELIEF FROM UTILITY COMPANIES' ENERGY POLICIES WHEREAS, the rates for street lighting charged by utilities governed by the California Public Utilities Commission do not reflect the actual energy used by the street lights; and WHEREAS, local agencies are discouraged from acquiring the components of the utility-owned street light system because procedures for acquisition of the components are vague and unnecessarily cumbersome; and WHEREAS, joint-tenancy of utility poles have been discouraged or conditioned in such a manner as to be unfeasible; and WHEREAS, utilities' rate structure adjusted and approved by the Commission from time to time included provisions for the amortization of utilities' installation and replacement costs of street lighting facilities; and WHEREAS, utilities' method of evaluating its street lighting facilities (Reproduction Cost New Less Depreciation) does not reflect the actual saleable worth of these facilities; and WHEREAS, utilities require local public agencies to purchase street lighting facilities which were previously installed by property owners and developers and then dedicated at no cost to the utilities; and WHEREAS, utilities do not allow energy-conserving means of efficient lurnination except for high pressure sodium vapor street lights in their system; NOW, THEREFORE, BE IT RESOLVED, that the California Public Utilities Commission is requested to consider, amend and adopt regulations governing and regulating street lighting which would provide that; 1. Rates charged for street lighting reflect the actual energy used by the lights; and 2. Procedures for acquiring components of the utilities' street lighting system be stated in a clear and precise manner; and 3. Utilities be required, if requested by a local Public Agency to allow joint use of their utility pole system, without charge, to install street light fixtures owned and maintained by the local public agency; and 4. The method utilized by utilities for valuating street lighting facilities to be purchased by public entities be based on actual cost of the facilities when installed less depreciation and any other amounts recovered through utility rate charges, not to exceed salvage value; and 5. Utilities be required, if requested by a local public agency, to transfer to the agency, without charge, any street lighting facility which utilities acquired from property owners and developers at no cost to the utility; and 6. Utilities be directed to utilize any and all forms of energy-efficient, economical street lighting including but not limited to both high and low pressure sodium vapor street lights, when requested to do so by a public entity. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Auqust 4 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling &..,;~ DENNIS ROCKEY, YOR Town of Tiburon ATTEST: R. RESOLUTION NO. 2034 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING APPLICATION TO THE SAN FRANCISCO FOUNDATION FOR A GRANT IN THE AMOUNT OF $351,000 TO PROVIDE FUNDING ASSISTANCE FOR REPAIRS TO PUBLIC PROPERTIES AND STREETS CAUSED BY THE STORM OF JANUARY 1982 WHEREAS, a severe storm of record-breaking magnitude struck Northern California on 4 January 1982, caused extensive damage to both public and private property and killed many people; and WHEREAS, extensive slide damage was done to many of Tiburon's streets and public properties; and WHEREAS, such extensive slide damage poses a severe threat to life and limb, health, and traffic control; and WHEREAS, the cost to repair such extensive slide damage is beyond the Town's funding capacity, NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon hereby makes application to the San Francisco Foundation for funding assistance to help offset the cost of repairing damage done to public properties and streets caused by the storm of 4 January 1982. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Auqust 4 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ~tS~~ DENNIS ROCKEY, YOR Town of Tiburon ATTEST: $~ R. L. KLEINERT, T~ MANAGER/CLERK RESOLUTION NO. 2033 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION OF TOWN SERVICE BY MICHAEL EDWARD CAVANAGH WHEREAS, the Town of Tiburon would like to take this opportunity to express its appreciation to Michael Cavanagh; and WHEREAS, Michael has been a Reserve Police Officer with the Town of Tiburon Police Department since January 30, 1973; and WHEREAS, Michael has given of himself untold hundreds of hours to the Town of Tiburon at a sacrifice to himself and his family; and WHEREAS, Michael has diligently carried out his duties as a Reserve Police Officer without compensation in order to help make his community a safer place to live; and WHEREAS, Michael was chosen as Citizen of the Year by the Marin County Peace Officers' Association in January 1976 and time has passed; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does extend to Michael Cavanagh and his wife Maria and children a very deep and heartfelt Thank you. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4 , 1982, by the following vote; AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling DENN~~~~~R Town of Tiburon R. TOWN MANAGER/CLERK RESOLUTION NO. 2032 A RESOLUTION OF THE TOWN COUNCIL OF THE TO~m OF TIBURON EXPRESSING APPRECIATION TO MRS. CHARLOTTE JURS FOR HER VOLUNTEER SERVICES WHEREAS, Mrs. Charlotte Jurs has volunteered her services to the General Services Department of Town Hall; and WHEREAS, Mrs. Charlotte Jurs has contributed many hours of her own personal time in providing valued clerical support to the General Services Department; and \~EREAS,the Town of Tiburon would like to express its appreciation to Mrs. Charlotte Jurs for her efforts and civic- mindedness~ NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby extend a hearty thank you to Mrs. Charlotte Jurs and wishes her and her family many years of health and happiness. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4 following vote: , 1982, by the AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling DEl>>~~~YOR Town of Tiburon ATTEST: ~ R. L. KLEINERT, RESOLUTION NO. 2031 A RESOLUTION OF THE TOWN COUNCIL OF THE TO\~ OF TIBURON EXPRESSING APPRECIATION TO ~ffi. JACK BERRYMAN FOR HIS VOLUNTEER SERVICES WHEREAS, Mr. Jack Berryman has volunteered his services to the Tiburon/Belvedere Recreation Committee; and WHEREAS, Mr. Jack Berryman has contributed many hours of his own personal time in providing valued bookkeeping services to the Committee; and WHEREAS, Mr. Jack Berryman has brought a superior level of competence to the bookkeeping activities of the Committee, thereby helping to make its financial records accurate and timely; and WHEREAS, the Town of Tiburon would like to express its appreciation to Mr. Jack Berryman for his efforts and civic- mindedness; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby extend a hearty thank you to Mr. Jack Berryman and wishes him and his family many years of health and happiness. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 4 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling DEN~~~ic~*YOR Town of Tiburon ATTEST: ~ ~ '- R.L. KLEINE T, TOWN MANAGER/CLERK RESOLUTION NO. 2030 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONGRATULATING THE CITY OF BELVEDERE UPON THE OCCASION OF ITS 85th BIRTHDAY WHEREAS, 85 years ago in the year 1897, the residents of Belvedere Island elected to establish officially the City of Belvedere, and WHEREAS, after the 1906 earthquake, the City of Belvedere's population reflected a significant increase as many property owners converted their summer homes and cottages into permanent residencies, and WHEREAS, local historians on the Tiburon Peninsula continue to remind us of Belvedere's early years which included boat building, boat yards, Arks, the Belvedere Hotel, and Belvedere Golf and Country Blub, and numerous historic residences, and WHEREAS, the City of Belvedere has long been recognized as a very close-knit and public spirited community, and WHEREAS, the City of Belvedere and Town of Tiburon have continued to be good neighbors and friends, and enjoying common community pursuits, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby unanimously commend and congratulate the City of Belvedere upon the celebration of its 85th birthday. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 21 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith 0: I" ~t; DEN IS ROC EY, YOR Town of Tiburon ATT/<<l~ R. ~L. KLEINERT, TOWN MANAGER/CLERK Drafted: 7/16/82 RESOLUTION NO. 2029 A RESOLUTION OF THE TO~VN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1982-83 WHEREAS, the Town Council now finds that the proposed Municipal Budget, as amended, provides for all appropriate municipal purposes and services within the current resources and anticipated revenues for fiscal year 1982-83; and NOW, THEREFORE, BE IT RESOLVED, that said budget is hereby approved and adopted as the Municipal Budget for the Town of Tiburon for fiscal year 1982-83, and all expenditures, encumbrances, transfers and appropriations set forth herein are also approved; and FURTHERMORE, BE IT RESOLVED: that the Town Manager may make adjustments between functions and activities within the budget provided that no increases or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, and provided that no expenditure or encumbrance contingent on contract, agreement, or other engagement requiring approval of the Town Council shall be made until such contract, agreement, or other engagement is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 7 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATTEST: R'~~~ Drafted: 6/ll/82 RESOLUTION NO. 2028 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING 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 adopted for each fiscal year as part of the Personnel System of the Town of Tiburon. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the Annual Salary Program for Fiscal Year 1982-83 composed of those schedules attached hereto, effective July 1, 1982, and made a part hereof as follows: 2. SALARY SCHEDULE A - Miscellaneous Employees SALARY SCHEDULE B - Police Employees SALARY SCHEDULE C - Professional/Mid-Management/ Confidential Employees SALARY SCHEDULE D - Management Employees 1. 3. 4. 5. SALARY SCHEDULE E - Overtime Rates, Wages of Casual Employees, Mileage Reimbursement and Educative Incentive Pay 6. SALARY SCHEDULE F - Health and Medical Insurance Program PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 7, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey Drafted: 7/2/82 S A L A R Y S C H E D U L E II A" - - -- - -- ----- MISCELLANEOUS EMPLOYEES 1982-83 Position Step A Step B Step C Step D Step E Public Works Foreman 1529 1605 1685 1770 1859 Maintenance Worker II 1355 1423 1494 1569 1648 Maintenance Worker I 1263 1326 1393 1463 1536 Planning Secretary 1175 1234 1296 1361 1429 Secretary 1138 1195 1255 1318 1384 Building Secretary 1029 1081 1136 1193 1253 ----------------------------------------------------------------------- S A L A R Y S C H E D U L E "B" - ------- POLICE EMPLOYEES 1982-83 POSITION Step A Step B Step C Step D Step E Police Sergeant 1936 2037 2144 2256 2373 Police Officer 1730 1817 1908 2004 2104 Secretary/Dispatcher 1348 1419 1493 1568 1650 Clerk/Dispatcher 1253 1318 1387 1460 1536 Cadets (Hourly) 5.70 6.00 6.30 6.60 6.95 S A L A R Y S C H E D U L E PROFESSIONAL/MID-MANAGEMENT/ CONFIDENTIAL EMPLOYEES 1982-83 POSITION SALARY RANGE Associate Planner 1728 - 2005 Building Official 1872 - 2176 Assistant Town Clerk 1372 - 1550 Assistant Planner Flat Town Attorney (Part-Time) Flat "C" MONTHLY SALARY 1866 2113 1525 1512 1568 S A L A R Y S C H E 0 U L E "0" MANAGEMENT EMPLOYEES POSITION Police Chief Director of Community Development Superintendent of Public Works Finance Director 1982-83 EFFECTIVE IJAN 1982 - 1 JAN 1983 2727 2727 2286 1798 S A L i\. E Y S C Ii E: :J U L E "E" SCHEDULE OF OVEHTIMS Rl\TES 1 \-Ji\GES FOR CASUAL EMPLOYEES 1 MILEAGE RE- IMBURSEMENT/ AND EDUCATIONAL INCEN- TIVE PAY OVERTIi'-1E R1\TES overtime compensation shall be paid for any time worked in excess of the normal working day and for call-b~ck time at a rate of time and one-half. Double time shall be paid for any work performed on a Holiday. All regular non-supervisory professional Town employees are eligible for overtime compensation which is applicable to all Departments. All overtime must be approved and authorized by the Department Head and/ or Town Manager as set forth in Rule VII of Personnel Regulations. \~AGES FOR CASUAL/PART-'l'It-1E/SEASONAL EHPLOYEES Youth work Programs -~H~urly Rate Range \ $6.00 - $7.00 " $4.1'5 - 54.90 Service Minu t~. Clerk Casual Labor $4.40 - $5.40 $6.10 - $8.10 Administrative Intern Casual~ Clerical $6.00 - $7.00 t.ll LEAGE RE IND U l~S E~lEN1' The following rate shall be paid to an employee for use of the employee private automobile on c3uthorizcc1 Town busin~~s: $.21 per mile EDUCATIONAL INCENTIVE PAY The educational incentive program for swornl non-manag~ment, personnel of the police Department employed prior to July 11 1979, is as follows: 2.5% per month for P.O.S.T. Intermediate Certificate 5.0% per month for P.O.S.T. Advanced Certificate Af ter July 11 1979 / ne\..J Pol i ce Departmcn t employeos who become e 1 i 9 i b 1 e for the e due a t ion a 1 i nee n t i v cpt" 0 9 r a In \.J i 11 bee 0 m pen s () t e d bV the fixed monthly amounts shown below: Intermediate Certificate P.dvance Certificate Police Sergeant Pol ice 0 f f i . ,": r $45 $35 $85 $75 S A L A R Y ------ S C H E D'.U L E "F" HEALTH AND MEDICAL INSURANCE PROGRAM (1982-83) MANDATORY: 1. Kaiser Health Plan (employee) or Blue Cross Health Plan (employee) 2. $15,000 Life Insurance (employee) Standard Life Insurance Co. OPTIONAL 1. Kaiser Health Plan / (Employee with 1 dependent) (Employee with 2 or more dependent) 2 . Blue Cross Health Plan (Employee with I dependent) (Employee with 2 or more dependent) 3. . .CDS Den tal Plan (Employee) (Employee with I or more dependent) 4. AD & D Insurance American Home Assurance Co. 5. Long Term Disability Insurance Standard Insurance Co. (Mand~ory for all sworn police personnel 6. Additional Life Insurance phildelphia Life Insurance Co. $ 49.14 $ 80.30 $ 5.70 $ 97.28 140.34 $ 160.60 $ 203.10 $ 14.45 35.83 $ 2.42 (2.04% of employee's . gross monthly salary to a maximum of $1350) ($5.00 per $5,000) TOWN MONTHLY CONTRIBUTION: A. Management Employees ($200.00) B. Miscellaneous & Mid Management/ Professional Employees ($175.00) C. Police. Personnel (to be submitted) RESOLUTION NO. 2027 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING A REORGANIZATION OF TERRITORY PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 1. The Marin Local Agency Formation Commission adopted a Resolution making determinations (Resolution No. 82-11, adopted May 13, 1982) 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 all owners of land within the territory proposed for reorganization and the Local Agency Formation Commission authorized the conducing agency to complete further proceedings with waiver of notice, hearing and election requirements. 3. Said reorganization, known as the Hillcrest Road Reorganization, 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) The Hillcrest Road Reorganization is hereby approved and is subject to standard terms and conditions asst~ulated by the Marin Local Agency Formation Commission; and B) The reorganization is proposed for the purpose of providing sanitary sewer services and municipal services; and C) 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 July 7, 1982, by the following vote: AYES: COUNCILMEMBER: Edelstein, Bergmann, Smith, Spratling NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Rockey Drafted: 7/2/82 ~ :.- -,. __J I~ U ~ Hillcrest Road Reorganization Town of Tiburon Legal Description BEGINNING at a point in the boundary of the Town of Tiburon, said point being the Southeast corner of Lot. 11 as said Lot is shown on that certain map entitled "1"lap of Hillcrest", recorded in Book 13 of Maps at Page 43, Marin County Records; thence leaving said boundary and running along the Northeasterly 1 i n C 0 f Lot 11 N 3 1 0 1 0 I E 1 0 0 . 0 0 fee l: and N 9 0 2 0 I 5 8 II E 60.12 feet to the Southwesterly line of Ilillcrest Road; thence N 730 42' 56" E 40.00 feet to the Northeasterly line of Hillcrest Road; thence along the Northeasterly line on a curve to the left whose center bears S 730 421 56" W of radius 480 feet through a central angle of 190 47' 59" for an arc distance of 165.87 feet to a point of compound curvature; thence on a curve to the right whose center bears N 530 54' 57" E of radius 90 feet through a central angle of 240 50' 50" for an arc distance of 39.03 feet; thence leaving said Northeasterly line and running thence N 360 57' 30" E 271.03 feet, N 250 38' 30" E 67.90 feet, S 820 00' E 116.24 feet, S 80 00' N 89.34 feet, S 520 00' W 116.80feet, S 2030' W 29.00 feet, S 40026' 45" E 27.73 feet, and S 210 32' 28" E 124.02 feet, more or less, to the Northerly line of the above mentioned Hillcrest Road; thence along said Northerly line on a curve to the left whose center bears S 160 24' 1811 W of radius 80 feet through a central angle of 1190 54' 18" for an arc distance of 167.42 feet, S 130 30' E 3.50 feet, on a curve to the right whose center bears S 760 30' w of radius 40 feet through a central angle of 910 04' 0511 for an arc distance of 63.58 feet; thence leaving said Northerly linG S 120 2)' 55" E 51.45 feet to the Southerly line of Hillcrest Road; thence leaving said Southerly line South 78.00 feet to the boundary of the To yi n 0 f T i bur 0 n ; th en c e a long sa i d bo u nd a r y We s tIS 8 . 0 0 fee t , more or less, to the point of Beginning. I ;...... ....A. ". f:~ .... ~ .....t fJ%.5-33" " "'- " -ILEGE-ND .;t::> ~ o~ "9::>..s-~O "'~.. - :..qr"A,l' /.l'....,. r..i ~ (J LOC,ATION MAP NO SCALi! E.xi.ctln9 80undary . _1/l/IJ///JIIIJI///lttl/t/l Pr<?pas~d ReorrJanizarJon ~ f?=:80' tj-5/" CJI' 26" L= 7/.2.4- N.9~ EO'58" E 60./2 ...... ...i..... .. TOWN OF --r/ BURCJH COUNTY SURVEYOR - FILE NO. 2-82 ,.:.~~- 1 U TOWN --. HILLCREST ROAD REORGANIZATION 9862A-402a WMAM:JEB:rva 06/03/82 10c RESOLUTION NO. 2026 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING FORM OF RESOLUTION OF INTENTION AND BOUNDARY MAP AND GRANTING CONSENT OF SAID TOWN TO THE RICHARDSON BAY SANITARY DISTRICT TO UNDERTAKE PROCEEDINGS TO ACQUIRE PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COST SHALL BE ASSESSED ON THE DISTRICT BENEFITED UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS GREENWOOD BEACH ASSESSMENT DISTRICT RESOLVED, by the Town Council of the Town of Tiburon, California, that WHEREAS, it is the intention of the Sanitary Board of the Richardson Bay Sanitary District, Marin County, California, to undertake appropriate special assessment and assessment bond proceedings for the acquisition of the public improvements more particularly described in Exhibit "A" hereto attached and by reference made a part hereof; WHEREAS, the Richardson Bay Sanitary District, pursuant to Section 10104 of the Streets and Highways Code of the State of California, has submitted to this Council for approval a proposed Resolution of Intention to form an assessment district, together with a plat indicating by a boundary line the extent of territory included in the proposed district, in view of the fact that all of the land to be assessed and all of the work and improvements to be acquired are within the incorporated territory of the Town of Tiburon: and WHEREAS, the public interest and general welfare will be served by the undertaking and completing of the public improvements project; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: 1. That the form of Resolution of Intention to form an assessment district, and the plat indicating by a boundary line the extent of the territory included in the proposed assessment district, submitted by the Sanitary Board of said Richardson Bay Sanitary District and this day presented to this Council, be, and they are hereby, approved. 2. That upon approval of the legislative bodies of any public entities with jurisdiction, said Resolution of Intention may be adopted, and said Sanitary Board may thereafter take each and every step required for or suitable for the consummation of the public improvements project and the levying, collection and enforcement of the assessments to cover the expenses thereof and the issuance and enforcement of bonds to represent unpaid assessments. 3. That consent be, and the same is hereby, granted to said District to form the assessment district, to consummate the public improvements project work as above described, to assume jurisdiction thereover for the purposes aforesaid, to make such changes and modifications therein as may be proper or advisable in the manner provided by law, to acquire said public improvements and to levy said assessments upon the property benefited thereby, all of said property being within the incorporated territory of this Town. 4. That the Town Clerk is hereby directed to file with the Secretary of said District a certified copy of this Resolution. PASSED AND ADOPTED by the Town Council of the Town of Tiburon on July 7, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey ATTEST: $~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 7/1/82 9600A-392a EXHIBIT "An a) The acquisition of gravity sewer mains, pressure sewer mains, compressed air lines, pumping stations, compressor stations, manholes, laterals and appurtenances, starting at the Trestle Glen Wastewater Facilities running thence northwesterly 720 feet, more or less, to a point in Greenwood Beach Road, formerly known as Alto-Belvedere Highway, running thence in Greenwood Beach Road 1,910 feet, more or less, to the northeasterly corner of Assessor's Parcel No. 55-021-03, running thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-021-03 and 55-021-04 southerly 75 feet, more or less; running thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-021-05 and 55-021-06 southwesterly 44 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-021-06 and 55-021-07 southerly 44 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-021-08 and 55-021-09 southerly 64 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-021-10 and 55-031-01 southerly 51 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-031-01 and 55-031-02 southeasterly 60 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-031-03 and 55-031-04 southeasterly 64 feet, more or less; thence running northeasterly 60 feet, more or less, to the northeasterly property line of Assessor's Parcel No. 55-031-04; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-031-06 and 55-031-07 southeasterly 134 feet, more or less; thence from a point along the southwesterly property line of Assessor's Parcel No. 55-031-09 southeasterly 127 feet, more or less, from the northwesterly corner of said Parcel, running thence northeasterly 64 feet, more or less, to the southeasterly corner of said Parcel, running thence northeasterly 3 feet, more or less, across the southerly corner of Assessor's Parcel No. 55-031-10, running thence across Assessor's Parcel No. 55-121-22 northeasterly 111 feet, more or less, to the northeasterly line of said Parcel, running thence northeasterly along the northwesterly property line of Assessor's Parcel No. 55-041-12 northeasterly 279 feet, more or less; thence from a point on the southeasterly line of Assessor's Parcel No. 55-031-12 northeasterly 3 feet, more or less, from the most southerly corner, running thence from said point along said line northeasterly 82 feet, more or less; thence from Greenwood Beach Road along the property line common to Assessor's Parcel Nos. 55-031-29 and 55-031-32 southeasterly 117 feet, more or less, running thence along the southerly property line of Assessor's Parcel No. 55-031-32 northeasterly 100 feet, more or less, to the easterly property line of said Parcel, running thence along the southerly property line of Assessor's Parcel No. 55-031-25 northeasterly 10 feet, more or less. b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. Richardson Bay S.D. Greenwood Beach A.D. 04/30/82 RESOLUTION NO. 2025 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE REED RANCH ROAD SEWER EXTENSION IMPROVEMENTS WHEREAS, the Reed Ranch Road Sewer Extension Improvements has been completed satisfactorily. NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the Town Council of the Town of Tiburon subject to any provisions of the contract with Whitmire & Sons, 4 Adrian Way, San Rafael, California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 7, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith NOES: COUNCILMEMBERS: None ABSENT: PRO-TEMPORE ATTEST: $~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 7/1/82 RESOLUTION NO. 2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PROGRESS REPORT SUB- MITTED BY THE MARIN ARTS COUNCIL TO THE CALIFORNIA ARTS COUNCIL WHEREAS, the California Arts Council has established the State/Local Partnership Program designed to encourage local cultural planning and decision making; and WHEREAS, the Marin County Board of Supervisors has designated the Marin Arts Council as the local cultural planning agency for the purpose of designing the Marin Cultural Action Plan; and WHEREAS, the Marin Arts Council has submitted a Progress Report outlining goals, objectives, considerations and timetable for a cultural plan; and WHEREAS, the Marin Arts Council will submit a final draft of the Marin Cultural Action Plan to the Town Council for its final review and approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the Progress Report submitted by the Marin Arts Council to the California Arts Council on March 31, 1982. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on .Tnnp- 2 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~J~4 DEN IS RO~KEY, YOR Town of Tiburon R.L. KLEINERT, drafted: 5/28/82 RESOLUTION NO. 2023 A RESOLUTION OF THE TO~m COUNCIL OF THE TOWN OF TIBURON IN MEMORIAM F. G. ZELINSKY WHEREAS, F. G. Zelinsky has long been a part of the Tiburon Community having first visited the Tiburon Peninsula by horse and buggy prior to the 1906 earthquake and later maintaining a residence in the China Cabin located in Belvedere and residing there for forty-two (42) years until moving to the Town of Tiburon in 1979, and WHEREAS, during his many years on the Tiburon peninsula he became etremely fond and devoted to Tiburon and acquired many downtown properties, and WHEREAS, he expended considerable time, energy and money in creating a village type atmosphere along Main Street and Ark Row, and WHEREAS, Fredrick G. Zelinsky has contributed so much time in so many different ways to the Tiburon community and has pursued a steadfast and common goal to improve the beauty, warmth and character of Tiburon, and WHEREAS, in 1980 F. G. Zelinsky and his wife Juanita were named by the Tiburon Peninsula Chamber of Commerce as Tiburon's first "Citizens of the Year", and WHEREAS, F. G. Zelinsky died on Sunday, May 16, 1982, and is deeply mourned throughout the Tiburon community and the greater San Francisco area; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby join F. G. Zelinsky's many friends and associates throughout the area in expressing its sincere condolences to his bereaved family; and BE IT FURTHER RESOLVED that this Town Council does hereby adjourn this meeting out of respect to the memory of Fredrick G. Zelinsky. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 19, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None fYitw~~ DENNIS RO KEY MAYOR Town of Tiburon R. Drafted: 5/17/82 RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TO~m OF TIBURON REQUESTING URBAN THOROUGHFARE FUNDS FOR THE TIBURON BOULEVARD/LYFORD DRIVE INTER- SECTION SIGNALIZATION, FROM THE MARIN COUNTY DIRECTOR OF PUBLIC WORKS WHEREAS, the County of Marin and Town of Tiburon have entered into agreement for the improvement of urban thorough- fares dated January 17, 1967; WHEREAS, the Town of Tiburon's Tiburon Boulevard/Lyford Drive intersection signalization project has been selected for funding in the amount of $52,000, and WHEREAS, the Town of Tiburon agrees to allocate $52,000 in matching funds toward the Tiburon Boulevard/Lyford Drive signalization project; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon requests that the County of Marin allocate the $52,000 from the Urban Thoroughfare Fund of 1982-83 to be matched by $52,000 from the Town of Tiburon for the Tiburon Boulevard/Lyford Drive signalization project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 19 ,1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Berqrnann, Spratlinq, SIJith, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ffi~;s ~ DENNIS RO KEY, MAYOR Town of Tiburon ATTEArl~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 5/19/82 RESOLUTION NO. 2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING GRANT DEED FROM SOUTHERN PACIFIC DEVELOPMENT COMPANY WHEREAS, SOUTHERN PACIFIC DEVELOPMENT COMPANY has offered to grant to the Town of Tiburon the real property described in the copy of the grant deed attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED, that the said offer is hereby accepted, and the Town Clerk is authorized to record said Deed, together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the~wn Council of the Town of Tiburon on May 19, 1982, by the following vote: AYES: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ~~~ DENNIS ROCKEY MAYOR Town of Tiburon ATTEST: ~ ~RT' TOWN MANAGER/CLERK Drafted: 5/14/82 RECORDING REQUESTED BY -.. ,..... _ ._'.... _ :...: _' :,_. '.:' :~~-J'::~..' ._....i':;i~5 ;~~~1i; :;;:~~~~;;c f'_.:_~.'...""'....~~::.-_~.~.~._..~.~:L.:._~.~~-:;._~:~,~,:'~'^t~...~..~..t_.~.~.?t:-.~_.o~:f_.,~.::~~..e . ..' :.....,.__..~._._. .~. ,,~.~...~..~k~.'..~~~-..~.,..,"..~.-._J~-~.-.-- '.:._.::.;,:.~~__:'._._::.~ "~'-""" : . ~ . ~f:~i~"~~~r,b.;:::,,;d:'1r~i:~}i'I.:~i. -0;; ,~~~~:, . .: ',- ':-~-;:Ji;; " ,;:':' ~, ::: . _.' ....".. _ . -'- SPACE ABOVE THIS LINE-FOR REcORDER.S USE<r...~.._..n ,fii. ..::.,...r;j?ri5~~$;;~~;:a2fff~fr2..~:"f"~~~E~~~~!~1t~i~11 '_-:':'~"'=:' -- '.:-.--,. "--'."'<-: r:-, . '-" 0 Computt'd on fullvalue'lt'Sli lien~& t'nc'umhranru>:'-~';>;-::.;:-;~-. . ...... C=~~}~~~~f'!~:~'2:6~~#.f;.C2:f.2.jr.. ::~"-~~_~fi~..:-.;:.~.~.~i:_.~_~.~_:;.:,~.t_:~,i~.;;.t.~:.~~_~_;.'~.~:_~_[,~_?~...~~~~ '..~ . "d~"~~i;if:~~;~~~_:1r~~~ri[e~!~~e~,~;;:t~~':~:.:~.. :--" <, " . , . - FOa'A VALUABLE CONSJD~;~~ON~,:t' 01. ~h;~u ~'::b~~;7~~~~i;:~'~~"J; L' SOUTHERN PACIFIC D~E~OPMENT CO~~I ~ ~;,~~~fc:>,~~~~~_n';';~~',.-_. ~ "'t~;:~_.':- ~~'.,'.~ '-. ~_.' ~r~~' ~~-'.h.~:~~:'~r-:?~~3'1. "~""'~~: ~-'~< TOWN OF TIBURON~- a ,~unici-pal _;:~~,poration,~' /' , , .: ~.': . '- .;-- .~':'- _\...... ,: ,.. hereby GRANT(S) to ;..'~' .:,., . ( '!> the following described real property in the county of Marin Town of Tiburon , state of California: Attached hereto, marked Exhibit "A".- Dated 5TATE OF CALIFORNIA COlJ;-.JTY Of } 55. On before me, th~ und~r- signed, a Notary Public in and for said Counly and Slate, ~r$onally appeared FOR NOTARY SEAL OR STAMP to he the person__ whose nam" instrument and aclcnowled~ed thaI known 10 me 5ub$cribed '0 the within executed th~ same_ Sif;nature of Notary :,'~; (71""' ~. /' A'( That certain parcel of land situate in the Town of Tiburon, County of Marin, State of California, described as follows: BEGINNING at the most Northerly corner of the 0.86 acre parcel of land described in Deed dated December 16, 1940, from Northwestern Pacific Railroad Company to August C.J. Oldag, et ux, recorded January 7, 1941, in Book 408 of Of f ici al Records, Page 117, Ma rin County Records, being also an angle point in the general Southwest- erly line of that certain parcel of.land shown on Record of Survey recorded in Volume 14 of Surveys, at Page 27, in the office of the Recorder .of said County; thence South 70010'30" West along said gen-' eral Southwesterly line and along the Northerly line of said 0.86 acre parcel, 123.19 feet to the Northwesterly corner of last said parcel, last said corner being in the Westerly line of the parcel of land described as "Third Tract" in Deed dated April 18, 1883, from" T.B. Valentine to the San Francisco and San Rafael Railroad Company recorded June 2, 1886, in Book 3 of Deeds at page 399, Marin County Records; thence North 17012'00" West along last said Westerly line 239.59 feet to the most Easterly corner of the 5.30 acre parcel of land described in deed dated October 11, 1912, from Sophia Kashow, et aI, to Northwestern Pacific Railroad Company recorded November 7, 1912, in Book 147 of Deeds at Page 231, Marin County Records; thence .N or t.b 5 3 0 3 9' 3 9 II We s t ( R e cord Nor t h 5 3 00 8 ' 2 0 .. We 5 t ) a 10 n g the Sou t h- westerly line of said 5.30 acre parcel, being also along the North- easterly line of Tiburon Boulevard, 143.11 feet to the most Souther- lycorner of the 1.20 acre parcel of land described as Parcel B in deed dated November 28, 1956, from Northwestern Pacific Railroad Company to Fred G. Zelinsky, recorded December 13, 1956, in Book 1079 of Official Records, Page 616, Marin County Records; thence North 36025'08" East (Record North 36050' East) along the Southeast- erly line of said Parcel B, 6.60 feet; thence leaving said general Southwesterly line of that certain parcel of land shown on said Re- cord of Survey and the Southeasterly line of said Parcel B, South 53041'05" East 107.42 feet to the beginning of a tangent curve con- cave to the Northeast having a radius of 753.00 feet; thence South- easterly along the arc of said curve 147.22 feet through a central .angle of 11012'08" to a point of reverse curve concave to the South- west having a radius of 15.00 feet; thence Southeasterly along the arc of said curve 7.49 feet through a central angle of 28035'39"; thence South 36017'34" East 12.88 feet to the beginning of a tangent curve concave to the Northeast having a radius of 5.00 feet: thence Southeasterly along the arc of said curve 2.26 feet through a cen- tral angle of 25055'29" to a point of compound curve concave to the Northeast having a radius ~f 795.00 feet; thence southeasterly along the arc of said curve 44.48 feet through a central angle of 3012'21" E- I t., ; !.... ; t AL4" - ..... !. ! e i' t' ~~. ~ : i i...i i -- to a point of reverse curve concave to the Southwest having a radius of 805.00 feet; thence Southeasterly along the arc of said curve 45.04 feet through a central angle of 3012'21"; thence South 62013'03" East 162.33 feet to the beginning of a tangent curve concave to the North having a radius of 17.50 feet; thence Southeasterly, Easterly and Northeasterly along the arc of said curve 32.36 feet through a central angle of 105057'3611; thence radially from said curve, South 78010'39" East 38.00 feet; thence South 11049121" West 4.47 feet to the.beginning of a tangent curve concave to the East having a radius of 25.00 feet; thence Southerly along the arc of said curve 24.71 feet through a cen- tral angle of 56037' 59" to a point of reverse curve concave to the Southwest having a radius of 55.00 feet; thence Southeasterly along the arc of said curve 22.55 feet through a cen tra1 angle of 23029' 41" to a point of reverse curve concave to the Northeast having a radius of 35.00 feet; thence Southeasterly along the arc of said curve 31.47 feet through a. central angle of 51031'17" i thence radially from said curve, South 17009146" West 42.00 feet to the beginning of a non-tangent curve concave to the South having.a radius of 35.00 feet, a radial line from said point bears South 17009' 46" West; thence Southwesterly along the a rc of said curve 31.47 feet through a cen tra1 angle of 51 0 31' 17" to a - point of reverse curve concave to the Northeast having a radius of 55.00 feet; thence Southwesterly, Westerly and Northwesterly along the arc of said curve 105.64 feet through a central angle of 110002'47" to a point of reverse curve concave to the Southwest having a radius of 27.50 feet; thence Northwesterly along the arc of said curve 38.03 feet through a central angle of 79013' 50" to a point of reverse curve con- cave to the North having a radius of 15.00 feet; thence Westerly along the arc of said curve 8.20 feet through a central .angle of 31 019' 31" ; thence North 62013103" West 101.81 feet to a point on the Northeasterly prolongation of the Northerly line of said 0.86 acre parcel; thence along said Northeasterly prolongation South 70010'30" West 3.68 feet to the POINT OF BEGINNING. Contains 1.084 acres, more or less. E- ,!,., "I t-. ; l.L A - ptl\, ') X i I U I .- -J. rJ'- RECORDING REQUESTED BY ~ - .. ~'. . Jel;ttHJ;ftlll!:~< ~!f:.~~::~;~~~~~~!~t~i~~~i! ~~>E"~..:?:....,-~~~~..,~+;5!:;";~1"~~ :....-l>~:;~? ~~.j-.m-:~"~"':::.'..;:~~-:.r~~~~~.'~~~;,~1t""~.:--~~~~. . _ _~ ....~''''... __ ,...~~-=-_.:.oa ,:-<<~'"' _~.'~..... ~:.~ ~'~~'''''''"'''''''~'''-'''~_' ~~ '..~ ..~~,~,.. 4.J: ~~' . ~"r .....-- ""'"~ 1 : i1t.O:::W " . ~_~....:..,,;:,1; -... 't" ~~'- -"" ,....~""l. ,:.]t"-. -..,.~ ~-:-. --- 4.' NA_?-'-Town '~f- TibureriY~~.!~_""'~:-'~-:.. :-,l!t::i.. .. ~::J.:'""":~._-~"~- " ~S""'i51~;{~' _"::':-~ ....~ . ~~ . _ . _ .. __ _ ~~ ""~~~, l"~~ ....___,...~.._l\~~~" ~~~\' ... Jo~~~ ~r" ,.' ..- (. ADO.U.~-:'1155 .T.1.burori~ Blva.~~=.~~3"~-':- K~k?"~';tr-:~:-:':'- . . ~~ -. , -...r - N__ 7 ~ -~... :......-:.t~ _..... I............~l~~~:.... ~,...... I" CITY ar - '.Tiburon,-' C1C '9492.o~~~~~"" ~~.q~~ ~~;-~;,~~ :~:r--:':t~,~ ~ ~TA~~ ~-~:: ~~~~~l~;~~::~~#Jf:~~~ :-;~W:~~~~.~;;ft~ ~~~~. 'p>~. - . -.. -' ...... .. -.... _' SPACE ABOVE THIS LINE FOR RECORDER.S USE... .. . _ .'" .. -.ri.'~>~' ~~~~~~~~~~~7~:~::s;~.:i~~~0i~~~:r~~r;~~~~~;~-r;1:f!t~.~~~~~~f~~~~~~t~; ,-~{:~;~t:;~ .AMK ~ - -:'~~"7'~ -":-:- _:~,",:;~4"~;::i.~.~::- :;'. "~:::"---' - - 0 Computed on "futl value of properly (.on~e~ ~or~~':-:' '~,~~~ - . I.~'..::..r..'.. . . -. - ....- ~ . . '":', -.--: -... .. .!- .... . ~ ...'1- hereby GRANT(S) to :.,f' - ._, .'. ~.. :::_- :~::~-~<?~:~ir~5~'<-~;: .Y':: .~;':,'; . :~- _ <~~~~ ~ ~-.:~. :. --. ~-:'--: ',~ '_ '>~~ -~- FOR A VALUABLE C()NSIP~~A,~O~.re~ipt oC' which is hereby a.cJc~o~ledgecl. ",;\~~~~'~;--" .' - -,' :.~ ~: :.:>.~-' :;7";'~~'~:~';::/~~:::.:~~~:.- :~::~ ~;... - .~~:.~.,,,~ .- ~ .~~. ';J~~.b;_~_< SOUTHERN PACIFIC' DEVELOPMENT COMPANY, ~ a corporatio-n~<-:;.:-r.-.,,_. ,,-:,:'.~;::: ...,.._~......=--.:'to',_-.<~,::...;.: .... "':i":"-':" . ".". ' - ~ _.- . . . _ .' _ '.;-" _ . "_~: :..~_.~.:;_:-'~ ~_....- ,:__.~~..,-~.",::,'~_~__'_~_,,_'~<'< ',_': __.'.:_'_~'~~;.__~_:_..;. '". ..< _1~ _. -:: '_ ..~== -'~":~";-::~".~~~,:;.:~~/:: ~~~;' - .~ -: . - ~ ~-~.-.~ - ~ TO~_.~~ TIB~RON/- ~_;?unicipal .1:?rporati~:r:',:: - . ;-:~~~;~~~~~:_~ l;:;~-~~_::\.-._,. ",:. . , . ~.',_:.:._~. u ~ - ~!."' :....- ~;-.- -.,...:,);-0: :-~~~ the Collowing described real property in the county oC Marin - . . Town of Tiburon . state of California: Attached hereto, marked Exhibit "An. Daled STATE OF CALIFORNIA COUNTY OF } 55, On before me, the under- sisned, a NOlary Public in and for said County and Slale, personally lIppeare~ FOR NOTARY SEAL OR STAMP to he ,he flerson_- whose nam- instrument and acl,"owled~ed ,hat known to me subscribed 10 the within executed the same. Si,:nalure of Notary Ex h j J... ~ . II ~ if That certain parcel of land situate in the Town of Tiburon, County of Marin, State of California, described as follows: BEGINNING at the most Northerly corner of the 0.86 acre parcel of land described in Deed dated December 16, 1940, from Northwestern Pacific Railroad Company to August C.J. Oldag, et ux, recorded January 7, 1941, in Book 408 of Official Records, Page 117, Marin County Records, being also an angle point in the general Southwest- erly line of that certain parcel of.land shown on Record of Survey recorded in Volume 14 of Surveys, at Page 27, in the office of the Recorder .of said County; thence South 70010'30" West along said gen- eral Southwesterly line and along the Northerly line of said 0.86 acre parcel, 123.19 feet to the Northwesterly corner of last said parcel, last said corner being in the Westerly line of the parcel of land described as "Third Tract" in Deed dated April 18, 1883, from" T.B. Valentine to the San Francisco and San Rafael Railroad Company recorded June 2, 1886, in Book 3 of Deeds at page 399, Marin County Records; thence North 17012'00" West along last said Westerly line 239.59 feet to the most Easterly corner of the 5.30 acre parcel of land described in deed dated October 11, 1912, from Sophia Kashow, et aI, to Northwestern Pacific Railroad Company recorded November 7, 1912, in Book 147 of Deeds at Page 231, Marin County Records; thence .No.rtb 53039' 3911 West (Record North 53008' 2011 West) along the South- westerly line of said 5.30 acre parcel, being also along the North- easterly line of Tiburon Boulevard, 143.11 feet to the most Souther- ly corner of the 1.20 acre parcel of land described as Parcel B in deed dated November 28, 1956, from Northwestern Pacific Railroad Company to Fred G. Zelinsky, recorded December 13, 1956, in Book 1079 of Official Records, Page 616, Marin County Records; thence North 36025'08" East (Record North 36050' East) along the Southeast- erly line of said Parcel H, 6.60 feet; thence leaving said general Southwesterly line of that certain parcel of land shown on said Re- cord of Survey and the Southeasterly line of said Parcel B, South 53041'05" East 107.42 feet to the beginning of a tangent curve con- cave to the Northeast having a radius of 753.00 feet; thence South- easterly along the arc of said curve 147.22 feet through a central .angle of 1101210811 to a point of reverse curve concave to the South- west having a radius of 15.00 feet; thence Southeasterly along the arc of said curve 7.49 feet through a central angle of 28035139"; thence South 36017'34" East 12.88 feet to the beginning of a tangent curve concave to the Northeast having a radius of 5.00 feet; thence Southeasterly along the arc of said curve 2.26 feet through a cen- tral angle of 25055'29" to a point of compound curve concave to the Northeast having a radius ~f 795.00 feet; thence southeasterly along the arc of said curve 44.48 feet through a central angle of 3012121" E../!~;I"'~l.ll A~I' ~~r,'t .. ~. t ~ i ~.J -- to a point of reverse curve concave to the Southwest having a radius of B05.00 feet; thence Southeasterly along the arc of said curve 45.04 feet through a central angle of 3012'21"; thence South 62013'0311 East 162.33 feet to the beginning of a tangent curve concave to the North having a radius of 17.50 feet; thence Southeasterly, Easterly and Northeasterly along the arc of said curve 32.36 feet through a central angle of 105057'36"; thence radially from said curve, South 78010' 39" East 38.00 feet; thence South 11049'21" West 4.47 feet to the.beginning of a tangent curve concave to the East having a radius of 25.00 feet: thence Southerly along the arc of said curve 24.71 feet through a cen- tral angle of 56037' 59" to a point of reverse curve concave to the Southwest having a radius of 55.00 feet; thence Southeasterly along the arc of said curve 22.55 feet through a central angle of 23029'41" to a point of reverse curve concave to the Northeast having a radius of 35.00 feet; thence Southeasterly along the arc of said curve 31.47 feet through a. central angle of 51031'17"; thence radially from said curve, South 17009'46" West 42.00 feet to the beginning of a non-tangent curve concave to the South having a radius of 35.00 feet, a radial line from said point bears South 1700914611 West; thence Southwesterly along the arc of said curve 31.47 feet through a cen tra1 angle of 51 0 31 t 1711 to a - point of reverse curve concave to the Northeast having a radius of 55.00 feet; thence Southwesterly, Westerly and Northwesterly along the arc of said curve 105.64 feet through a central angle of 110002147" to a point of reverse curve concave to the Southwest having a radius of 27.50 feet; thence Northwesterly along the arc of said curve 38.03 feet through a central angle of 79013150" to a point of reverse curve con- cave to the North having a radius of 15.00 feet; thence Westerly along the arc of said curve 8.20 feet through a cen tral -angle of 31 01913111 ; thence North 62013'03" West 101.81 feet to a point on the Northeasterly prolongation of the Northerly line of said 0.86 acre parcel; thence along said Northeasterly prolongation south 70010'30" West 3.68 feet to the POINT OF BEGINNING. Contains 1.084 acres, more or less. E....'!.... "\ h ; l.L A - Pt\. ') Ai I Ul .. -J. r/'- RESOLUTION NO. ~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE APPLICATION FOR 1980 CALIFORNIA PARKLAND BOND ACT - ROBERTI- Z'BERG URBAN OPEN SPACE PROGRAM GRANT MONIES FOR THE RICHARDSON BAY LINEAL PARK GENERAL IMPROVEMENT AND REHABILITATION PROGRAM WHEREAS, the people of the State of California have enacted the California Parklands Act of 1980, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public recreation and historical purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by reso~ution the approval of applications prior to submission of said applications to the State; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for the acquisition and/or develop- ment of the project; NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon does hereby: 1. Approve the filing of an application for 1980 State Grant assistance for the Richardson Bay Lineal Park General Improvements and Rehabilitation Program project; and 2. Certify that said agency understands the assurances and certification in the application; and 3. Certify that said agency has or will have sufficient funds to operate and maintain the project; and 4. Certify that said agency has reviewed and understands the General provisions contained in the State/Local agreement; and 5. Appoint the Town Manager as agency of the Town to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests and so on_ which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 19,1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AT~~ R. L. KLEINERT, TOWN MANAGER/CLERK [)z~<\ ~~ DENNIS RO EY, MAYOR Town of Tiburon T'"\__.C'.L._..:J L /1n /0"') RESOLUTION NO. 2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING NORMA BUNKER, JOYCE WILSON AND TED McMILLAN OF THE REED UNION SCHOOL DISTRICT UPON THE OCCASION OF THEIR RETIREMENT WHEREAS, Norma Bunker has served the Reed Union School District as Secretary for twenty-six (26) years primarily at the Del Mar School; and WHEREAS, Joyce Wilson has served as a teacher in the the Reed Union School District for thirty (30) years, first at the Reed School and then at the Del Mar School; and WHEREAS, Ted McMillan has served as a teacher for twenty- two (22) years with the Reed Union School District as a science teacher, NOW, THEREFORE, BE IT RESOLVED that on behalf of the residents of the Town of Tiburon, the Town Council hereby commends and expresses its appreciation to Norma Bunker, Joyce Wilson and Ted McMillan for their exemplary public service and contributions to the Community, and extends its best wishes for a rewarding retirement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 19 , 1982, by the following vote: AYES: COUNCILMEMBERS:Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBER: None ~~l~~ D IS ROCKEY, MAYOR Town of Tiburon Drafted: 5/14/82 RESOLUTION NO. 2018 A RESOLUTION OF THE TO~m COUNCIL OF THE TOrm OF TIBURON HAKING RECOHHENDATIONS TO THE CDUNTY OF HARIN REGARDING THE RING MOUNTAIN MASTER PLAN BE IT RESOLVED, that the Town of Tiburon, pursuant to the Memorandum of Understanding between the County of Marin and the Town of Corte Madera and Town of Tiburon, hereby recommends to the County Board of Supervisors, that it approve a Master Plan with a range of 44 to 79 units for Ring Mountain Limited Development in accordance with Development Plan No. 2 (attached hereto); if, and only if, Development Plan No. 2 is rejected as inappropriate after a full and complete hearing or withdrawn by operation of Condition l.a. or l.b., then the Town of Tiburon recommends to the County Board of Supervisors that it approve a Master Plan of 36 units for Ring Mountain Limited Development in accordance with Development Plan No. 1 (attached hereto) . There are several public hearings, both Tiburon and tri- jurisdictional, scheduled to occur after this Resolution. Tiburon's Ring Mountain subcommittee is continuing to meet with certain organizations, other public officials and jurisdictions, and homeowners associations. Accordingly, it is anticipated that Tiburon's recommendation may be amended by the Town Council up to the time of final action by the County Board of Supervisors as a result of the continuing flow of information and dialogue. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at an adjourned meeting held on May 11, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling Mayor Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith ()q~i~ ~ DENNIS RO EY, MAYOR Town of Tiburon ATTEi;y~ R. L. KLEINERT, TOWN MANAGER/CLERK ----- Drafted: Revised: 5/11/82 5/12/82 RESOLUTION NO. 2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AND DIRECTING THE TOWN MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE TO~VN OF TIBURON AND THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGmvAY PATROL WHEREAS the State of California, Department of California Highway Patrol requires written training agreements from any agency participating in their training programs; and WHEREAS the Police Department of the Town of Tiburon desires from time to time to participate in certain training programs sponsored and administered by the Department of California Highway Patrol; and WHEREAS a Resolution of the Tiburon Town Council is required by the State of California. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: That the Town Manager/Chief of Police is hereby authorized and directed to sign such training agreements when required. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a regular meeting on May 5 , 1982, by the following vote: AYES: COUNCILMEMBER: Edelstein, Bergmann, Spratling, Rockey NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Smith D~R~C~OR Town of Tiburon Attest: R. /ri2~R/CLERK Drafted: 5/5/82 - RESOLUTION NO. 2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING FARE RATES FOR YELLOW TAXICAB COMPANY WHEREAS, Yellow Taxicab Company of San Rafael has submitted a rate increase request for consideration; and WHEREAS, the rate increase request was deemed to be justified. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the following rate schedule for the Yellow Taxicab Company of San Rafael: 1. The first .33 of a mile travelled shall cost $l.50; 2. Each additional mile travelled shall cost $l.30; 3. Each minute of waiting time shall cost $.25 or $15 per hour; 4. This rate schedule shall become effective 1 May 1982. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 5 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C!r~'5 ~ DENNIS ROCKEY, OR Town of Tiburon ATTEST: R. Drafted: 4/29/82 RESOLUTION NO. 201S A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO PETER COSSART OF TIBURON BOY SCOUT TROOP #48 UPON COMPLETION OF HIS EAGLE SERVICE TRAIL IMPROVEMENTS PROJECT WHEREAS, The Town of Tiburon's Middle Ridge Trail has long been in need of specific and significant improvements in regard to access from Round Hill Road, and WHEREAS, Peter Cossart of Tiburon Boy Scout Troop #48, after being made aware of the access problems, did offer to provide his services along with other members of Troop #48 to improve the trail access in the vicinity of the Mount Tiburon watertank, and WHEREAS, Peter Cossart did specifically accept this undertaking as his Eagle Service Project under the leadership of Scoutmaster Blum and Assistant Scoutmaster Cossart, and WHEREAS, Peter Cossart and his fellow Scouts did successfully brave the stormy winter of 1982 and very efficiently cleared this portion of the pedestrian trail adjacent to the Mount Tiburon watertank and installed large, sturdy steps from the lower trail elevation to the ridgeline. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby extend its appreciation to Tiburon Boy Scout Troop #48, and publicly commends Scout Peter Cossart for his time, energy and service to the Town in providing safe and proper access to Tiburon's Middle Ridge pedestrian trail and completion of this outstanding Eagle Service Project. PASSED AND ADOPTED by the Town Council of the Town of Tiburon on April 21 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith Mayor Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~\~~ MAYOR, OWN 0 TIB RON ATTEST: R. ~~AGER/CLERK Drafted: 4/16/82 RESOLUTION NO. 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, ON THE 13th DAY OF APRIL, 1982 WHEREAS, the Town Council of the Town of Tiburon did theretofore order an election to be held within the Town of Tiburon on the 13th Day of April, 1982, for the purpose of selecting three (3) Town Councilpersons to serve for terms of four (4) years; and WHEREAS, said election was held pursuant to the requirements of the Government Code and the Elections Code of the State of California; and WHEREAS, this Town Council of the Town of Tiburon has, pursuant to Section 22932 of the Elections Code of the State of California, canvassed the returns from said election; NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED AND DECLARED as follows: 1. That the whole number of ballots cast in the Town of Tiburon in said election were 1,241 in the precincts and 156 absentee ballots; 2. That the names of the persons voted for were: Frank Yorkis Valerie Bergmann Gary Spratling Larry Smith Milton Stannard, Jr. 3. That the candidates were each a candidate for one of the three (3) seats to be vacated at the expiration of proper terms as fixed by law; 4. That this Council hereby finds that the number of votes cast in said election for each candidate for the office of Councilperson was as follows: Consolidated Precinct No. 3013: Tiburon Baptist Church Frank Yorkis IO Valerie Bergmann 129 Gary Spratling 148 Larry Smith 140 Milton Stannard 139 Consolidated Precinct No. 30l4: Del Mar School Frank Yorkis 32 Valerie Bergmann 223 Gary Spratling 258 Larry Smith 270 Milton Stannard 137 Consolidate Precinct No. 3015: Reed School Frank Yorkis 29 Valerie Bergmann 143 Gary Spratling 196 Larry Smith 167 Milton Stannard l03 Consolidated Precinct No. 3016: Bradley House Frank Yorkis 24 Valerie Bergmann 151 Gary Spratling 239 Larry Smith 204 Milton Stannard 129 Consolidated Precinct No. 3017: Shepard of the Hills Lutheran Church Frank Yorkis 17 Valerie Bergmann 104 Gary Spratling ll9 Larry Smith 102 Milton Stannard 65 Absentee Ballots: Frank Yorkis 32 Valerie Bergmann 64 Gary Spratling 108 Larry Smith 106 Milton Stannard 88 5. That the total number of votes cast throughout the Town of Tiburon were as follows: Frank Yorkis Valerie Bergmann Gary Spratling Larry Smith Milton Stannard 144 814 1,068 989 661 6. That the Town Clerk is hereby directed to cause a certified copy of this resolution to be delivered to each candidate. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on the 20th day of April, 1982, by the following vote: AYE S : COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER: None 1Q~ KIRK HANSON, MAYOR Town of Tiburon ATT~~ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 2013 A RESOLUTIIDN OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR TIBURON BOULEVARD FROM BEACH ROAD TO MAR WEST WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. F~ndings. A. The Town Council of the Town of Tiburon has approved a Master Plan for Tiburon Boulevard, Beach Road to Mar West, and has directed the Town Engineer to prepare a Precise Plan. B. The Planning Commission and the Board of Adjustments and Review of the Town of Tiburon have reviewed the Precise Plan and have made recommendations to the Town Council. C. The Town Council has considered the recommendations of the Planning Commission and the Board of Adjustments and Review and has held a public hearing to consider the comments of the public. D. The Town Council has found that the Precise Plan is in conformance with the Master Plan and is in conformity with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon. E. The Town Council has made affirmative findings consistent with the standards contained in Section 10-10 of the Tiburon Zoning Ordinance dealing with the PD (Planned Development) District. F. The Town Council has determined the improvements would not be detrimental to the downtown area but will enhance and improve the circulation and appearance of the downtown area. NOW, THEREFORE, the Town Council of the Town of Tiburon resolves that the Precise Plan for the area from Beach Road to Mar West be approved subject to the following conditions: 1. The driveway into the Boardwalk Shopping Center from Tiburon Boulevard be a minimum of 36 feet wide. 2. the landscaping along the median strip westerly be extended to the point of entrance to the combined Home Savings/ Bon Appetit driveway. 3. Move the bust stop location to the west side of Mar West, near the proposed Moana Building. 4. The driveways along Tiburon Boulevard be of State standard configuration, regrading sloping and curb height. 5. The median strip be raised a minimum of 3/4 inch to provide a definition line for the two lanes. PASSED AND ADOPTED at a regular meeting of the Town Council on April 7, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None W~ ATTES~ ~i<IRK HANSON, MAYOR R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 4/2/82 RESOLUTION NO. 2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING A REORGANIZATION OF TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION ACT 1. The Marin Local Agency Formation Commission, by Resolution No. 82-2, adopted January l4, 1982, approved said reorganization and designated the Town of Tiburon as the conduc- ing agency for further proceedings. 2. This application was accompanied by written consent signed by all owners of land within the territory proposed for reorganization and the Local Agency Formation Commission authorized the conducting agency to complete further proceedings with waiver of notice, hearing and election requirements. 3. Said reorganization, known as the Paradise Drive Reorganization 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) The Paradise Drive Reorganization No. 2 is hereby approved and is not subject to any terms and conditions as stipulated by the Marin Local Agency Formation Commission; and, B) the Reorganization is proposed for the purpose of providing sanitary sewer services and municipal services; and C) 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 7, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~~- KIRK HANSON, MAYOR Town of Tiburon R. Date Drafted: 4/7/82 pr--- e o u ,~ r ... . 'V ,-"" \T <<..'Y' y' ......, /1'<'- / / i /,/) -'- ~ '? 0"'/ ..1 '?- _....... (1,/'..' ,J ' ~ \. \ ' /y? , -': j v' 'I ! u,";l1 I! U) I "<T I I I ! ! I ! I ! ! I ! ! I I j I I -I I ! I ..:;;-. <:.-0 v -<l:) ~ "/; ~l to T . ' I ..- ,,- ~ I / ,/ P~f~. . " r' '//, y U ~ . ~ /, ,v \ , ....\ \..;. -J ~ ':'..: (L. ~\~_'t-___.__ _ z '( ~l:l' ,~I, \~ ~~ ), ~~~-~ ).......'. /'- ---..--- -~'-. ~--+-------- o '"\ "-' c' lI, ~ "\" -- /~/"" \i \ S <:.. _/------.- \ .~ \1.. y -'. " ...., /) ::. -"--- --- 'C ........~-!. , "'" " '- . ~~:J ': ........J /~ .----~:::=:-_:::- ..../,- - to , , ~j, R..;....P-~. I ill I .. 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J ~~__\_oo~__= u;;:~ - '~:~ZS---- ~ I ~'~tL( N;~r~~& S I I i I I I l ",~ " " PAJ.~wISE DRIVE REORGANIZATION if 2 To the To~m of TiburoD and Sanitary District #2 * LEGAL DESCRIPTION * Beginning at the northwesterly corner of the lands shown on Parcel Map 11 at Page 13, Marin County Official Records, S 2. i d poi n t b e in g 0 nth e; e :,z i S L in g b 0 un d a r y 0 f the To v..'11 0 f Tiburon and Sanitarv District ~2 thence leaving said tO~Tf1 o - ~ limits South 45 00 I \\iest 824.65 feet along said boundary of Sanitary District 02; thence continuing along said sanitary district boundarv North 56050' West 135.54 feet: Norto 38007' J 0 ' l~est 90.072 feet; North 45 00' East 647.452 feet to a point on toe existing boundary of the Tmm of Tiburon; thence leaving said Sa~itary District #2 boundary and running along said TO~Tf1 of riburon limits East 320' wore or less. Said parcel containing 3.60 acres more or less. RESOLUTION NO. 2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM FOR WATERSHED STUDY OF TIBURON MARSH WHEREAS, the Legistalture has established the State Coastal Conservancy (pursuant to Public Resources Code 31000-31400) and authorized it to award grants to local nonprofit organizations and public agencies acting in their behalf for the acqusition and development of coastal resource enhancement, protection and public access projects; and WHEREAS, the grants are awarded pursuant to Guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, said procedures established by the Coastal Conservancy require the applicant to certify by resolution the approval of applications and listed assurances prior to submission of said applications to the State; NOW, THEREFORE, BE IT RESOLVED that the Tiburon Town Council acting in conjunction with a nonprofit hereby: 1. Approves the filing of an application for funding under the State Coastal Conservancy's Land Trust/ Nonprofit Organization Grants Program; and 2. Certifies that said organization/agency agrees to the attached list of assurances; and 3. Certified that if applicable, said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 1982, by the following vote: AYES: COUNCILME~1BERS: Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCI,LMEMBER: Hanson ~~i~CE-MAYOR Town of Tiburon ATTEST: Afta:v R. L. KLEINERT, TOWN MANAGER/CLERK Drafted 3/ll/82 r-- RESOLUTION NO. 2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON - REVISION OF HOUSING NEEDS DETERMINATION WHEREAS, the Association of Bay Area Governments is the council of govern- ments (herei nafter "ABAG") under the Joi nt Exerci se of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584"), to determine the existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine each City's and county's share of the regional housing needs; and WHEREAS, ABAG's staff has prepared and circulated, for public review and comment, a draft Housing Needs Report meeting the requirements of Section 65584; and WHEREAS, after a duly noticed public hearing held on December 17, 1981, the ABAG Executive Board considered the proposed Housing Needs Report and comments thereon; and WHEREAS, the ABAG Executive Board found such report includes consideration of all factors listed in Section 65584 in proposing the initial determination of regional housing needs; and WHEREAS, the Housing Needs Report was approved by the ABAG Executive Board for the purpose of beginning the official review and revision of the determinations contained therein; and WHEREAS, ABAG's staff have worked with the staff of the Town of Tiburon to ensure that the most complete and reliable information has been used in the deter- mination of housing needs for this jurisdiction; and WHEREAS, the Town of Tiburon desires to revise its share of the regional housing need based on available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 65548, the Town of Tiburon revises its share of the regional housing need, as contained in the December 1981 Housing Needs Report published by ABAG; and BE IT FURTHER RESOLVED that this revision is made effective March 31, 1982; and BE IT FURTHER RESOLVED that the revision, and the data and methodology used to support such revision, is described in the attached report; and BE IT FURTHER RESOLVED that the ABAG Executive Board is requested to act on such revision in accordance with the requirements of Section 65584; and BE IT FURTHER RESOLVED that a copy of this Resolution and the attached report be transmitted to the Executive Director of the Association of Bay Area Governments. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Ti buron held on March 17 , 1982 by the fo 11 owi ng vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Rockey NOES: COUNC I LMEMBERS: None ABSENT: COUNCILMEMBERS: Hanson ATT~~ ROBERT L. KLEINERT, Town Manager/Clerk Date drafted: March 16, 1982 D~l#1iS~ DENNIS ROCKEY, CE-MAYOR Town of Tiburon RESOLUTION NO. 2009 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN LA CRESTA ASSESSMENT DISTRICT NO.1, TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA The Town Council of the Town of Tiburon resolves: This Council intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: The acquisition and/or construction of streets, including clearing, grading, soil stabilization, sub-base, base, pavement, curbs and gutters, sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and appurtenances; a system of domestic water supply, including fire hydrants, services, water tank, pump station and appurtenances; street lights, underground electrical, natural gas, telephone and television facilities and appurtenances; and all other improvements and appurtenances necessary for a complete scheme of public improvements to serve each lot within the District, including acquisition of any rights of way necessary thereto. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, Proposed Boundaries of La Cresta Assessment District Number 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 La Cresta Assessment No.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, 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 an 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: Pacific Gas & Electric Company, Pacific Telephone & Telegraph Company, Marin Municipal Water District, Viacom and Richardson Bay Sanitary District. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature fourteen years from the second day of July next succeeding ten (10) months from their date. 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 SCHWARTZ.WAGG ASSOCIATES 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 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN Hanson lB-;~ ~ DENNIS ROC EY, V CE-MAYOR Town of Tiburon Drafted: 3/17/82 2 RESOLUTION NO. 2008 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: This Town Council approves that certain agreement between the Town of Tiburon and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, for services of that firm as Special Bond Counsel for La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, dated March 17, 1982, and attached to this resolution. The Mayor of the Town of Tiburon 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 March 17, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergsund, Bass, Rockey NOES: COUNC I LMEN None ABSENT: COUNCILMEN Hanson ~,"""Ij ~ DENNIS ROCKEY, VI E-MAYOR Town of Tiburon Drafted: 3/17/82 AGREEMENT FOR LEGAL SERVICES La Cresta Assessment District No. 1 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 La Cresta Assessment District No.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 project cost set .forth in the engineer's report as finally approved under Section 10312 of the Streets and Highways Code. The "project cost" shall be deemed to include estimated construction cost, estimated or actual payment for the acquisition of existing improvements and real property, payments to other public agencies or utilities, capacity charges, and contingency amounts. The "project cost" 2 shall be deemed to exclude engineering, legal, right-of-way and other consulting or professional fees, inspection fees, bond printing costs, allowance for selling improvement bonds at a discount, and any other incidental expenses of the project. (b) The legal fee shall be an amount equal to three percent (3%) of that portion of project cost not exceeding $1 million, plus two percent (2%) of that portion of project cost exceeding $1 million but not exceeding $2 million, plus one percent (1%) of that portion of project cost exceeding $2 million. The fee shall 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 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 3 proposed boundaries of this assessment district, and has not received a fee from any source for services connected with the project. DATED: March 17, 1982 TOWN OF TIBURON, a municipal corporation of the State of California By Ot--;s Q~~ ATTEST: R. L. KLEINERT, ;W~ BRUNS ELL & SPERRY ;4- By 4 RESOLUTION NO. 2007 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: This Town Council approves that certain agreement between the Town of Tiburon and Schwartz. Waag Associates for services as Engineer of Work for La Cresta Assessment District No.1, dated the 17th day of March, 1982, 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 March 17, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN Hanson c,t....;, ;J~ DENNIS ROCKEY, VICE-MAYOR Town of Tiburon AT~~ R.'L. KLEINERT, Town Manager/Clerk Drafted: 3/17/82 AGREEMENT FOR ENGINEERING SERVICES La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California This is an agreement for engineering services between the Town of Tiburon, a municipal corporation of the State of California, referred to as Town, and SCHWARTZ.WAAG ASSOCIATES, referred to as Engineer. 1. Town retains Engineer as Engineer of Work for the La Cresta Assessment District No.1, Town of Tiburon, Marin County, California, to perform the following services: (a) Preparation of a map showing the proposed boundaries of the assessment district, in accordance with the requirements of Division 4.5 of the Streets and Highways Code. (b) Preparation of the report required by Section 10204 of the Streets and Highways Code (Muni- cipal Improvement Act of 1913), and modifica- tion of the report if directed by the legislative body of Town. The report shall include the following: (1) Plans and specifications for the proposed improvement. (2) A general description of improvements to be acquired, if any, and a legal descrip- tion of lands, rights-of-way, easements or other interests in real property to be acquired. (3) An estimate of the cost of the improve- ment, including the cost of acquisitions and all incidental expenses. (4) An assessment diagram showing the parcels of land to be assessed. (5) A proposed assessment of the total cost of the improvement on benefited parcels of land within the assessment district. (c) Compilation of a list of the names and addresses of all owners of land within the assessment district in accordance with records of the County Assessor or in accordance with title reports provided by the Town. (d) posting of notices of improvement on all open streets within the assessment district at dis- tances not greater than 300 feet apart. Copies of notice of improvement for posting are to be provided by Town. (e) Construction staking. (f) Supervision of the work of Town's contractor and certification to the Town of the contractor's entitlement to progress payments. 1 (g) Attendance at meetings of Town's legislative body, when requested by Town's staff, for the purpose of presenting and seeking approval of the documents and reports described in sub- paragraphs (a) and (b). (h) Attendance at all other public meetings of Town at which matters relating to the assess- ment district are considered, except routine matters. (i) Attendance at staff meetings or meetings of property owners upon the request of the Town, after reasonable notice. (j) Telephone consultation with staff members and property owners to answer engineering questions about the assessment proceedings. (k) Preparation of change orders as may be required during the course of construction. (1) Preparation of a final cost schedule after completion of the improvement and payment of all incidental expenses. (m) Preparation of environmental data for the purpose of processing an Environmental Impact Report. 2. The services of Engineer under this agreement shall not include the following: (a) Preparation of a~ environmental impact report to determine whether the improvement will have a significant impact on the environment with- in the meaning of the California Environmental Quality Act. (b) Soils engineering and testing. (c) Materials testing. (d) Detail Design of Marin Municipal Water District, Pacific Gas & Electric Company, Pacific Tele- phone Company or Cable TV facilities. (e) Reproduction of plans and specifications. (f) Construction inspection. The performance by Engineer of services excluded by this paragraph, if required by Town, shall be under separate oral or written agreement. 3. In consideration of the services set forth in paragraph 1, Town shall pay to Engineer the following fee and costs: The sum of Ninety-One Thousand Dollars ($91,000.00) In no event, however, will the compensation of Engineer exceed the amount set forth by Engineer for that 2 purpose in the Report, or any Amended Report, prepared by him under Section 10204 of the Streets and Highways Code. Payment by Town of the engineering fee is contingent upon the levy of assessments and the sale and delivery of im- provement bonds representing unpaid assessments in the assess- ment district. If for any reason assessments are not confirmed and bonds delivered, Engineer shall be paid no engineering fee. DATED: March 17, 1982 TOWN OF TIBURON, a municipal corporation of the State of California :~~ Town Manager/Clerk By (}~IS tJ~ ::HW9:~~~ / // / /- 3 ; RESOLUTION NO. 2006 RESOLUTION APPROVING BOUNDARY MAP La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: A map entitled "Proposed Boundaries of La Cresta Assessment District Number 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 La Cresta Assessment District No.1, Town of Tiburon, Marin County, California. This Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Council directs the Town Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment Districts. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN Hanson U~~;S ~~ DENNIS ROCKEY, VI E-MAYOR Town of Tiburon ATTE~~~ R. t. KLEINERT, Town Manager/Clerk Drafted: 3/17/82 RESOLUTION NO. 2005 RESOLUTION ACCEPTING PETITION La Cresta Assessment District No. 1 Town of Tiburon, Marin County, California The Town Council of the Town of Tiburon resolves: Certain owners of real property have filed with the Clerk of this body a petition, signed by them, requesting the public improvements described in the petition, the cost to be specially assessed against land benefiting from the improvements. The petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code. The Town Council finds that all of the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed improvements have signed the petition. Accordingly, the Town Council accepts the petition and directs that special assessment proceedings shall be undertaken by the terms of the petition, and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. This action is final within the meaning of Section 3012 of the Streets and Highways Code. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 1982, by the following vote: AYES: COUNCILMEN Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEN None ABSENT: COUNCILMEN Hanson (hlo7/~ t\~ DENNIS ROCKEY, V CE-MAYOR Town of Tiburon AT~ R. L. KLaRT' Town Manager/Clerk Drafted: 3/17/82 RESOLUTION NO. 2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON INITIATING PROCEEDINGS FOR ANNEXATION AND ESTABLISHING A TIME AND PLACE FOR HEARING THEREON (PARADISE DRIVE/RANCH ROAD AREA) WHEREAS, the Local Agency Formation Commission of the County of Marin has approved Resolution No. 82-2, Making Determinations and Approving the Reorganization Involving Annexation of the Territory to the Town of Tiburon and Corte Madera Sanitary District No.2, consisting of 55 parcels with 26 owners in the general vicinity of 4900 Paradise Drive to 5050 Paradise Drive; and WHEREAS, the Town of Tiburon is authorized to be the conducting body for further proceedings pursuant to the provisions of the Municipal Organization Act of 1977. NOW, THEREFORE, BE IT RESOLVED that pursuant to the Municipal Organization Act of 1977, the Tiburon Town Council does hereby give its consent to the commencement of proceedings to the Town of Tiburon those lands herein before described and as indicated by the Local Agency Formation Commission of the County of Marin by Resolution No. 82-2. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon pursuant to Section 35224 of the Municipal Organization Act of 1977 does hereby set the public hearing for the Paradise Drive/Ranch Road area annexation for Wedensday, April 7, 1982, at 8:00 PM, at the Del Mar School Library, 105 Avendia Miraflores, Tiburon, CA. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on ~arc~~982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBERS: None ABS ENT: COUNCI,LMEMBERS : Rockey KIRK H~ ~ Town of Tiburon AT~A37 R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 2/26/82 RESOLUTION NO. 2003 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING REVISIONS TO THE HOUSING ELEMENT, A PART OF THE GENERAL PLAN OF THE TOWN OF TIBURON, AND ADOPTING SAID REVISED ELEMENT WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. 1. Section 65302 of the Government Code of the State of California requires that all general law cities prepare and adopt a Housing Element as part of their General Plan; and 2. The Town has adopted a Housing Element but finds that certain revisions are necessary to ensure compliance with Section 65302 of the Government Code of the State of California; as amended. 3. The Planning Commission has held public hearings in accordance with Section 65251 of the Government Code to consider said Revised Housing Element and has recommended that the Town Council adopt the Revised Housing Element. 4. The Town Council and the Planning Commission have reviewed the environmental impact of the Revised Housing Element and find that the revisions will not have a significant impact on the environment and have accepted a Negative Declaration of Environmental Impact. 5. The Housing Element approved by this Resolution is based on a composite of the reports and studies as shown in the Technical Appendix to the Tiburon Housing Element text. NOW, THEREFORE, BE IT RESOLVED that the Tiburon Housing Element, consisting of the text contained in the attached document entitled "Town of Tiburon HOusing Element", dated August 19, 1981, is hereby adopted by the Town Council, as the Housing Element of the General Plan of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 3 , 1982, by the following vote: AYES: COUNCILMEMBER: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Rockey u~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: R'~CLm Drafted: 2/11/82 :r--'''' ;: RESOLUTION NO. 2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE SATISFACTION OF CONDITION NO.1 OF ORDINANCE NO. 255 N.S. AND RESOLUTION NO. 1198 Section 1. Findings. A. The Town Council of the Town of Tiburon has approved a Master and Precise Plan submitted by Frank Pomeranz on behalf of Ted Long, Inc., to remodel and change the use of the building at 39 Main Street. B. In order to satisfy a condition of approval of Ordinance No. 255 N.S. and Resolution No. 1198, the applicant must make provisions satisfactory to the Town Council to provide a minimum of 20 parking spaces or in-lieu fees to be determined by the Town Council prior to the issuance of any Building Permit. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the satisfaction of condition No. 1 of Ordinance No. 255 N.S. and Resolution No. 1198, subject to the following terms and conditions: 1. Applicant shall be allowed to make quarterly payments in the amount of $1,250 or more to satisfy a total of $50,000.00 required to meet the parking requirements of Section 13 of the Tiburon Zoning Ordinance. 2. Quarterly payments in a sum not less than $1,250 shall be paid to the Town of Tiburon and shall be deposited in the Town's in-lieu parking fund. 3. The first paYment shall be made prior to the issuance of the Occupancy Permit and final building inspection for the proposed use. Additional-quarterly paYments shall be due and payable 90 days from the date of the applicant's first quarterly payments and each 90 days thereafter. 4. Each May, following applicant's initial quarterly payment, the amount of said quarterly payment shall be increased by an amount equal to the percentage increase of the California Consumer Price Index issued -by the Department of Finance, State of California. 5. Payment of the sum of $2,500 by applicant or any successor shall be deemed to have satisfied one of the 20 required parking spaces. C. Applicant agrees to be bound by any future plan(s) adopted by the Town of Tiburon for downtown parking. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 17 , 1982, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass,Hanson COUNCILMEMBERS: None COUNCILMEMBERS: None ~~ KIRK HANSON, MAYOR Town of Tiburon ----- AT~&:v R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: Revised: 2/3/82 2/17/82 RESOLUTION NO. 2001 A RESOLUTION OF THE TO~~ COUNCIL OF THE TOWN OF TIBURON AUTHORIZING A SIX MONTH TRIAL CLOSURE OF GREENWOOD BEACH ROAD AT ITS EASTERN TERMINUS WHEREAS, the residents of Greenwood Beach Road have petitioned the Town Council of the Town of Tiburon to authorize closure of Greenwood Beach Road to through vehicular traffic so that greater enjoyment and safety of pedestrian and bicycle traffic may be realized; and WHEREAS, so that tranquil and parklike setting of the Richardson Bay Wildlife Sanctuary will be preserved and extended; and WHEREAS, the Tiburon Parks & Recreation Commission and the Town Engineer support a trial closure of Greenwood Beach Road to through vehicular traffic at its eastern terminus; and WHEREAS, THE Town Council of the Town of Tiburon finds a trial closure of Greenwood Beach Road to through vehicular traffic to be in the best interest of the citizens of Tiburon and those members of the public at large who enjoy the great beauty and tranquility of Richardson Bay; and WHEREAS, provision will be made for the emergency passage of public safety vehicles during this six month trial closure, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby authorize the closure of Greenwood Beach Road to through vehicular traffic at its eastern terminus for a trial period of six months, to commence on the day actual construction of the closure is complete and satisfactory. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town 0 f T iburon on Februarv 1 7 , 1982, by the following vote: AYES: COUNCILMEN: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None kii ~~ K rk Hanson, Mayor Town of Tiburon ATTE~~ R.L. Kleinert, Town Manager/Clerk Drafted 2/12/82 RESOLUTION NO. 2frfrfi- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR CERTAIN FEDERAL FUNDING UNDER THE DISASTER RELIEF ACT BE IT RESOLVED by the Town Council of the Town of Tiburon that Robert L. Kleinert, Town Manager, is hereby authorized to execute for and in behalf of the Town of Tiburon, a public entity established under the laws of the State of California, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. BE IT FURTHER RESOLVED that the Town of Tiburon, a public entity established under the laws of the State of California hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements attached hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Febrnary ~ , 1982, by the following vote: AYES: COUNCILMEMBER: Edelstein, Bergsund, Bass, Rockey, Hanson NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBERS: None , / 4i ~. .. KIRK HANSON, MAYOR Town of Tiburon .-/ ATTEST: R.~~GER/CLERK Drafted 2/3/82 RESOLUTION NO. 1199 A RESOLUTION OF THE TOWN COUNCrL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIII B of the Constitutidln of the State of California provides that the total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population except as otherwise provided in said Article XIII B; and WHEREAS, pursuant to said Article XIII B of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interests of the Town of Tiburon to establish an appropriations limit for the Fiscal Year 1981-82; and WHEREAS, the Finance Director of the Town of Tiburon has determined that said appropriations limit for the Fiscal Year 1981-82 pursuant to Article XIII B of the Constitutimn of the State of California be established in the amount of $1,330,232.00 and the same is hereby established. BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 3, 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None k2L KIRK HANSON, MAYOR Town of Tiburon ~. R. L. KLEITNERT, TOWN MANAGER/CLERK Drafted: 1/28/82 -~.~_.~--- - ---."- ---.' '.---'....-.. '-~---...~--.---~,---..~--..-,- .---~-~.._--~...................._~, '~---.. RESOLUTION NO. 1198 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER PLAN FOR 39 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town Council of the Town of Tiburon has received and considered the Master Plan submitted by Frank Pomeranz on behalf of Ted Long, Incorporated, to remodel and change the use of the building at 39 Main Street. 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 Zone (Planned Development) . D. The Planning Commission and Town Council have found this use to be categorically exempt from the California Environmental Quality Act per Section 15101; Class la, Existing Facilities. NOW, THEREFORE, BE IT RESOLVED that the Town Council approve the Master Plan subject to the following conditions: 1. Provisions satisfactory to the Planning Commission and Town Council shall be made to provide a minimum of 20 parking spaces or in-lieu fees to be determined by the- Town Council, prior to the issuance of any building permit. 2. There shall be no amplified music permitted on the premises at any time. 3. Any entertainment provided shall not create noise audible beyond the area under control of the owner or lessee. 4. All doors shall be kept closed at all times except in cases of emergencies, to permit deliveries or for normal ingress and egress of patrons. 5. No alcoholic beverages shall be served or consumed outside the building, except for the deck area. 6. The second floor of the building will be used for dead storage and kitchen use only. Public use of the second floor shall be prohibited. 7. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and the Building Official shall be satisfied prior to the commencement of the use. 8. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the conditions of approval are not being met, the Council may direct reconsideration of the Master and Precise Plans and attach additional conditions or the Master and Precise Plans may be revoked. -2- 9. The design of the building shall be subject to review by the Town of Tiburon Board of Adjustments and Review. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 20, 1982, by the following vote: AYES: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Edelstein t;{ L- KIRK HANSON, MAYOR Town of Tiburon ATAW~ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: Revised: 12/29/81 1/15/82 RESOLUTION NO. 1197 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 funding approved transportation projects as authorized by the Federal Highway Act of 1973 and succeeding amendments, and; WHEREAS, the Federal Highway Act, the State Transportation Board and the Metropolitan Transportation Commission required that a program of projects approved for Federal-Aid Urban funding, be established by a Countywide Committee consisting of representatives from each City, the County, Transit District, California Department of Transportation, Golden Gate Bridge District, and the Metropolitan Transportation Commission; and WHEREAS, the Board of Supervisors has approved procedures for the Federal-Aid Urban Program and the formation of the Marin County Urban System Committee, and WHEREAS, the Marin County Urban System Committee did meet to review the program and new projects which had been submitted for consideration as part of a five-year program; and WHEREAS, the Marin County Urban System Committee did approve a five-year Federal Aid Urban Program on December 2, 1981, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the five-year Federal Aid Urban Program of projects beginning 1982-83 recommended by the Marin County Urban System Committee and as described on Exhibit "A" . 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 January 20 , 1982, by the following vote: AYES: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMil1BERS: Edelstein ~L KIRK HANSON, MAYOR Town of Tiburon AT$~ R. L. KLEINERT, TOWN~MANAGER/CLERK Drafted: 1/14/82 RESOLUTION NO. 1196 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING THE ELECTION TO BE HELD ON APRIL 13, 1982 \~EREAS, the Town Council of the Town of Tiburon has ordered an election for April 13, 1982; and WHEREAS, pursuant to Section 22003 of the Elections Code, the above stated governing body may request the Board of Supervisors to permit the County Clerk to render specified services to said Body relating to the conduct of the election on a reimburseable basis, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Board of Supervisors of the County of Marin is hereby requested to authorize the County Clerk to render the following specified services for the Town of Tiburon relating to the conduct of the election to be held on April 13, 1982: Voter indexes Voter count by precinct Verification of signatures Drayage and rental of polling places Printing of sample and official ballots Appointment and notification of election officers Mailing of sample ballots and polling place notification Precinct supplies Training of precinct workers Central Counting Canvass of votes cast 2. That the Clerk of said Body be and hereby is ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. PASSED AND ADOPTED by the Town Council of the Town of Tiburon on January 20 , 1982, by the following vote: AYES: COUNCILMEMBERS Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS:Edelstein -~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: R. Drafted 1/12/82 RESOLUTION NO. 1195 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON APRIL 13, 1982 FOR THE PURPOSE OF ELECTING THREE COUNCIL~EMBERS BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election - Offices to be Filled. A general municipal election is hereby called and ordered to be held in the Town of Tiburon, State of California, on Tuesday, April 13, 1982, for the purpose of electing three Town Councilmembers, the terms of the incumbents of which are about to expire. Section 2. Registration to Close March 15, 1982. Registration for said election shall close on March 15, 1982; no persons registered after that date will be entitled to vote at said election. Section 3. Procuring and Filing Nomination Papers. Nomination papers may be procured from the Town Clerk and shall be filed with the Town Clerk no later than 12:00 noon of the sixty-eighth day before the election. Nomination papers may not be circulated prior to January 14, 1982 and must be filed no later than 12:00 noon on February 4, 1982. If an incumbent does not file for re-election to office by February 4, 1982, 12:00 noon, the filing period for such office is extended until February 9, 1982, 12:00 noon for non-incumbent candidates only. Section 4. Town Clerk's Assistants. The Town Clerk shall procure all supplies and employ such assistants as may be necessary to properly and lawfully conduct said election. Section 5. Time When Polls Are Kept Open. At said election the polls shall be opened at 7:00 AM of the day of said election, and shall be kept open until 8:00 PM in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 22903 of the Election Code. Section 6. Canvass of Ballots by Council. The Council shall meet at its usual place of meeting on the first Tuesday next succeeding said election to canvass the returns and install newly elected officers. Section 7. Publishing Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the offices to be filled. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 20, , 1982, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson None Edelstein L--- I L ! U / KIRK HANSON, MAYOR of Tiburon ATT~~TO= R. 'L. KLEINERT, TOWN MANAGER/CLERK Drafted: 1/14/82 RESOLUTION NO. 1194 A RESOLUTION OF THE TO~ffl COUNCIL OF THE TOWN OF TIBURON APPROVING BAIL SCHEDULE FOR VIOLATIONS OF ZONING REGULATIONS OF THE TOWN OF TIBURON WHEREAS, the Town of Tiburon has adopted Ordinance No. 9 N.S. and all ordinance amending it, which constitute the zoning regulations for said Town; and WHEREAS, the proper administration of said zoning requlations requires the issuance of citations for violations thereof; and WHEREAS, it is necessary to establish a bail schedule for the proper implementation of a citation procedure: NOW, THEREFORE, it is hereby resolved, ordered and declared as follows: 1. The Town Council of the Town of Tiburon does hereby approve that certain bail schedule attached as Exhibit "A" hereto and incorporated herein by reference for the purpose of enforcing the zoning regulations within the corporate limits of the Tml7n. 2. The Town Council does hereby request the Municipal Court of California, County of Marin, Central Judicial District to officially adopt said bail schedule for purposes of citations issued by the Town of Tiburon for violations of its zoning regulations. PASSED AND ADOPTED at a meeting of the Town Council of the ~own of Tiburon, on the 6th day of January~_1982, by the following vote~ AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bass, Hanson Di~~~~c2~R PR(J-TEffi'ORE Town of Tiburon ATTEST: ~ R. ~/(;2ER/CLERK Drafted: 1/6/82 EXHIBIT "A" 1. First Violation 2. Second Violation of the Same Provision within One Year 3. Each Additional Violation of the Same provision Within One Year $ 50.00 $100.00 $250.00 RESOLUTION NO. 1193 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING AN EMERGENCY STATE WHEREAS, severe and heavy rains prior to and during January 4, 1982, have caused the accumulation of record amounts of water thus causing flooding in the streets and highways of the Town of Tiburon, and related public and private property damage, and WHEREAS, pursuant to Section 21 of the Municipal Code of the Town of Tiburon the Mayor, as Chairman of the Disaster Council, is charged with the responsibility of preserving the public order, and WHEREAS, in order to discharge those orders necessary for the preservation of public order attendant to the flooding and property damage throughout the Town of Tiburon and adjacent areas, and WHEREAS, to enable application and expedition of any necessary relief measures, NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Town of Tiburon does hereby declare and proclaim that the Town of Tiburon is in a State of Emergency. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hanson ~~ DENNIS ROCKE -, uR PRO-TEMPORE Town of Tiburon Drafted: 1/6/82 RESOLUTION NO. 1192 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING MODIFICATION OF 20 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town Council (Council) of the Town of Tiburon has received and considered the requested modification of the Master and Precise Plan submitted by Richard Essex on behalf of the owner, Fred zelinsky, to remodel and expand the use area of the Harbor Light bar at 20 Main Street. B. The Council has found the use to be in conformance with the general intent of the Downtown Master Plan and the General Plan of the Town of Tiburon. C. The Council has made affirmative findings consistent with the standards required in Section 10-10 of the T~buron Zoning Ordinance dealing with the PD (Planned Development District) and has approved a Master Plan for the property. D. The Council has found this use to be categorically exempt from the California Environmental Quality Act per section 15101: Class la, Existing Facilities. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the Precise Plan subject to the following conditions: 1. There shall be no amplified music permitted on the premises at any time. 2. Any entertainment provided shall not be audible beyond the area under control of the owner or lessee. 3. All doors shall be kept closed at all times except in case of emergencies, to permit deliveries or for normal ingress and egress of the patrons. 4. No alcoholic beverages served on the premises shall be carried outside the building. 5. The second floor of the building will be used for dead storage, restrooms and office use only. Public use of the second floor shall be limited to use of the restroom facilities only. 6. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and the Building Official shall be satisfied prior to the commencement of the use. 7. All entertainment shall be confined to the rear 22 feet of the first floor of the building per plans dated October 14, 1981. 8. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it it determined the conditions of approval are not being met, the Council may direct reconsideration of the Master and Precise Plan and attach additional conditions or the Master and Precise Plans may be revoked. -2- 9. The eight (8) additional parking spaces required to satisfy the parking standards of the zoning ordinance shall be provided in the building owners parking lot and identified as available to the Harbor Light. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bass, Hanson (l~:s 2~ DENNIS ROCKEY, MAYO PRO-TEMPORE Town of Tiburon ATTEST: ~ Af/~ R.'L. KLEINERT, TOWN MANAGER/CLERK Drafted: Revised: Revised: 11/24/81 12/30/81 01/06/82 RESOLUTION NO. 1191 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF THE FIRST AMENDATORY AGREEMENT TO THE COOPERATION AGREEMENT ENTERED INTO NOVEMBER 24, 1981, FOR URBAN COUNTY QUALIFICATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Town of Tiburon has adopted a cooperation agreement which became effective December 1, 1981, and WHEREAS, it is necessary to provide specific assurances to the federal government that the Town will comply with provisions of federal law specified in the First Amendatory Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town Council of the Town of Tiburon approves the First Amendatory Agreement shown as "Exhibit An, and authorizes the Mayor to sign if on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hanson, Bass D7!Wmf~ ? DENNIS ROCKEY, MAY PRO-TEMPORE Town of Tiburon ATTEST: R. ~~RK Drafted: 12/30/81 RESOLUTION NO. 1190 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING ITS APPRECIATION TO THOSE TIBURON PENINSULA AGENCIES, ORGANIZATIONS AND INDIVIDUALS RESPONSIBLE FOR THE RESTORATION OF THEREEDLAND WOODS SCHOOL PLAYFIELD ~VHEREAS, in 1979 the County of Marin allocated $6,500 towards a matching grant with certain public agencies on the Tiburon Peninsula for the purpose of restoring the Reedland Woods School Playfield, and WHEREAS, the Town of Tiburon, the Reed Union School District, and the Strawberry Recreation District jointly contributed the required funds for the matching grant, and WHEREAS, the combined funding effort, in conjunction with the continued assistance and cooperation of the Tiburon Peninsula Baseball Little League and Soccer League has resulted in the restoration and present active usage of this Community resource, and WHEREAS, special recognition must be given to Mr. Rob Clark for his excellent guidance and supervision in the actual restoration work and achieving the high quality of new playfield turf, and WHEREAS, this cooperative effort has provided the Tiburon Peninsula with a needed recreational facility of which the entire Community will benefit. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby extend its appreciation to those public agencies, organizations and individuals who contributed in many different ways to the renovation of the Reedland Woods School Playfield, and BE IT FURTHER RESOLVED, that the Town Council of the Town of Tiburon hereby commend the Tiburon Peninsula Baseball Little League and Soccer League for their continued cooperation and future assistance in the ongoing maintenance of the Playfield. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 6 , 1982, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hanson R PRO-TEMPORE R. Drafted: 12/28/81