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HomeMy WebLinkAboutTC Res 1979 - 1980 (January thru February) RESOLUTION NO. 1088 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE NORWITT-BRADY PRECISE PLAN WHEREAS, the Planning Commission and Town Council have received and considered a Precise Plan submitted by Barbara Norwitt and Dr. H.H. Brady for the development of 6 parcels of land on 1.9 acres; and WHEREAS, the Town Council has approved a Master Plan by Ordinance No. 221 N.S.; and WHEREAS, as a condition of approval of the Master Plan, the exact number and the location of the lots were to be determined at the time and in the course of the Precise Plan approval; and WHEREAS, the Board of Adjustments and Review has reviewed the Precise Plan drawings and has recommended that they be conditionally approved by the Planning Commission; and WHEREAS, the Planning Commission has reviewed the Precise Plan drawings for the project and has found the drawings to be in substantial conformance to the approved Master Plan subject to conditions and has recommended approval to the Town Council; and WHEREAS, the Town Council has reviewed the Precise Plan drawings for the project and has found the drawings to be in substantial conformance with the approval of the Master Plan and does hereby approved the Precise Plan for the Norwitt-Brady project subject to the following conditions: 1. All applicable conditions applied to the Master Plan shall be similarly applied to the Precise Plan. 2. Prior to the recordation of the Final Map, the applicant shall return to the Board of Adjustments and Review with a detailed plan, including potential fence lines, if any, and indicating more precisely the location of the building envelopes and establishing a maximum height elevation to which future construction will be limited. 3. The applicant shall comply with all requirements of the Tiburon Fire Protection District prior to occupancy of any building. 4. The applicable drainage fee shall be calculated and the appropriate fee collected prior to the recordation of the final map. 5. That all conditions of the Town Engineer, as previously required and as additionally contained in his letter dated February 22, 1980, shall be satisfied prior to the recordation of the Final Map. 6. The soils report prepared for the property by Harding- Lawson Associates shall be attached to and shall become part of the Final Subdivision Map to be filed in the County Recorder's Office. 7. The actual lot lines of the parcels are to be redrawn to more evenly distribute the square footage of the lots with no one lot having less than 10,000 sq. ft. and the Precise Building envelopes shall be determined by the Board of Adjustments and Review and Planning Commission bearing in mind the applicants' statement in the submittal that each residence will be approximately 2,500 sq. ft. in size. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 5, 1980 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Edelstein, Bass, Hanson, Rockey, Bergsunc None None /'1 (#U{) i);f:i1;U('l,;<t~ JOAN' BERGSUND ,j Mayor ATTEST: EINERT, Town Manager/Clerk RESOLUTION NO. 1087 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ENCOURAGING THE CONTINUED DEVELOPMENT OF REGIONAL CRIMINAL JUSTICE PLANNING DISTRICTS WHEREAS, the LEAA Program has been in existence for over ten years; and WHEREAS, California has developed the regional delivery system; and WHEREAS, most cities and counties have participated and have benefited from the regional system; and WHEREAS, the new LEAA legislation provides for "entitlement jurisdic- tions" so that funding can be accomplished with less red tape; arid WHEREAS, fragmentation of the criminal justice system must be avoided; and WHEREAS, the continued joining together of individual cities and counties will enhance local control and maximize the use of LEAA funds; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does endorse the concept of cities and counties joining together and creating an entitlement jurisdiction. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon urges local control and local option to be integral parts of the implementation of the Law Enforcement Assistance Reform Act in the State of California. BE IT FURTHER RESOLVED that the California Council on Criminal Justice be urged to consult 'with the Town of Tiburon on a continuous basis during the implementation of S. 241. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on March 5 , 1980, by the follo'wing vote: AYES: COUNCILMEMBERS: Edelstein, Bass, Hanson, Rockey, Bergsund NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None '1"1 i.", ~tVli !LJ\ ' r)j/-cv(J?VI L~ JOm R. BERGSUND, M~yor ToW1\ of Tiburon ATTEST: /JIla ..----------~-,.- ROBERT L. KLEINERT, Town Manager/Clerk RESOLUTION NO. 1086 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING INSTALLATION OF A DEFERRED COMPENSATION PROGRAM FOR INTERESTED TOWN EMPLOYEES Whereas, the Town Council of the Town of Tiburon desires to provide certain comprehensive benefits for its employees as part of their com- pensation package; and Whereas, a Deferred Compensation Plan rendered by the Hartford Variable Annuity Life Insurance Company is found to be consistent with such desires; NOW THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon approves that certain Deferred Compensation Plan rendered by the Hartford Variable Annuity Life Insurance Company, attached hereto. PASSED AND ADOPTED at regular meeting of the Town Council of the To'wu of Tiburon on March 5 , 1980, by the following vote: AYES: COUNCILMEN: Edelstein, Bass, Hanson, Rockey, Bergsund NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None " I)'! . t-tL Ie C ( rXL[;J;llltCL JOAN,R BERGSUND, Ma r Towrr 0 f Ti bur on .. ATTEST: RESOLUTION NO. 1085 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE TOWN OF TIBURON WHEREAS, The State of California, through its Department of Transportation has presented an Agreement for Maintenance of the STATE Highway in the TOWN of Tiburon and to remain in effect until amended or terminated. WHEREAS, the Town Council ahs heard read said Agreement in full and is familiar with the contents thereof: THEREFORE BE .ITRESOLVED, that said Agreement for Maintenance of the STATE Highway in the Town of Tiburon is hereby approved and the Mayor and the Town Clerk are directed to sign the same on behalf of said TOWN. PASSED AND ADOPTED, at a regular meeting of the Town Council of the Town of Tiburon on March 5 1980 by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bass, Hanson, Rockey, Bergsund None NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None . --') /. ' 1 ~ /'A.,. "/1/ ' 4f'iL I," . :I~'1,d1<){L JOAN ~) BERGSUND, ~ yor ATTEST: Clerk R. RESOLUTION NO. 1084 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING A MOTOR VEHICLE INSPECTION/~.~INTENANCE PROGRAM, WHEREAS, amendments to the Clean Air Act were adopted by Congress in 1977 and require in Section 172 the preparation of satisfactory plans to attain and maintain national ambient air quality standards; and WHEREAS, the Association of Bay Area Governments was designated to prepare the Bay Area Air Quality Plan (Here- inafter "plan") to meet the national standards and make the Bay Area an attainment area; and WHEREAS, the plan was adopted by the ABAG General Assembly on January 13, 1979; and WHEREAS, motor vehicle emissions are a significant contributor to the Bay Area air quality problem;and WHEREAS, the plan calls for a motor vehicle inspection and maintenance program to reduce vehicle emissions; and WHEREAS, the plan finds that the Bay Area, despite implementation of all reasonably available control measures, cannot meet the ozone or carbon monoxide standards by 1982; and WHEREAS, the Clean Air Act provides that nonattainment areas not able to meet the standard by 1982 after implementation of all reasonably available control measures can apply for an extension to 1987 to meet these standards; and WHEREAS, the ABAG General Assembly has requested an extension of the deadline for meeting the ozone and carbon monoxide standards; and WHEREAS, the Clean Air Act specifies that EPA can approve this request and the Bay Area plan if a motor vehicle inspection and maintenance program is to be implemented in the Bay Area; and WHEREAS, implementation of a motor vehicle inspection and maintenance program in the Bay Area required enabling legislation by the California Legislature; NOW THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon believes that a motor vehicle inspection and maintenance program will be a cost-effective method of reducing motor vehicle contributions to the Bay Area's ozone and carbon monoxide problems; and BE IF RESOLVED, that the Town of Tiburon urges the California Legislature to provide adequate statutory authority for the Federally required motor vehicle inspection program for the Bay Area and other non-attainment areas of the State during the 1980 session of the Legislature; and BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to area State legislators and ABAG. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Februarv 6 . 1980 by the following vote: - AYES: COUNCILMEMBERS: BERGSUND, ROCKEY, EDELSTEIN, BASS, HANSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE JOAN ATTEST: ROBERT L. KLEINERT/Town Manager/Clerk RESOIillION NO. 108 3 A RESOllJTION OF THE TCWN COUNCIL OF THE TaW OF TIBURCN ENOORSING THE USE OF ABAG' S POPUIATICN PROJEcrIONS 79 FOR PLANNING PURPOSES WHEREAS, the General Assembly of the Association of Bay Area Goverrunents has adopted population projections for the Bay Area and its counties and sewerage units; and WHEREAS, ABAG' s PROJEcrICNS 79 is a consistently prepared set of r~ional projections detailing the growth and distribution of population, housing and employment throughout the Bay Area; and WHEREAS, the projections alone are not policy targets or goals, but are used to identify regional problems, needs and issues, and to fonnulate regional policies; and WHEREAS, the projections are evaluated and updated on at least an annual basis in consul ta lion with local governments; and . WHEREAS, ABAG General Assembly Resolution 4-79 details the limi ta tions and uses of the projections; and vlHEREAS, the TCMn Council of the Town of Tiburon has review-ed PROJEcrIONS 79, ABAG's Guidelines for the Use of Projections, and the subr~ional study area projections presented for infonnation only in PROJEcrIONS 79; NCX"l, THEREFORE, BE IT RESOLVED that the TcMn Council of the TONIl of Tiburon endorses PROJECI'ICNS 79 for planning use, subject to provisions of the guidelines adopted by ABAG to protect the interests of local governments; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to ABAG. PASSED AND ADOPTED at the regular meetirg of the Town Council of the Town of Tiburon on J an ua ry 16 , 1980, by the following vote: AYES : NOES: ABSENT: COUNCIll1EMBERS : CCUNCIIMEMBERS : COUNCIIMEMBERS: Bergsund, Edelstein, Rockey None Hanson, Bass r ,/1 ~ ~ YVZc f" i6j!ittlW-a/f1~. JOAN R. ( ERGSUND, Mayor Town of' Tiburon Drafted: 1/11/80 RESOLUTION NO. 1082 A RESOLUI'ICN OF THE 'IUm COUNCIL OF THE 'Ia'JN OF TIBURON ADOPTING A POLICY OF PROPERTY TAX EXCHANGE FOR ALL ANNEXATIONS COMMENDlliG FISCAL YEAR 1979-80 WHEREAS, Section 99 of Chapter 282, Statutes of 1979, requires the governing bcxiies of all agencies involved in a jurisdictional change to agree by resolution to a negotia too exchange of property tax revenue, and WHEREAS, that legislation anpowers the Town of Tiburon to ne:Jotiate such property tax exchanges with the County of Marin; and WHEREAS, staff officials of the County, cities and towns in Marin County have agreed to propose that their governing bodies approve the follCMing property tax exchange system; NClV THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute on behalf of the Town Council the follCMin:; property tax exchange related to all annexations, effective beginnin:; with the 1979/80 fiscal year; 1. County General Fund: Be:Jinning with the effective year of annexa tion, property taxes will be credited annually to the annexing city in an amount equal to the follCMing percentage of the property tax receipts to the County General Fund (account 101002) accruing from each annexed parcel: City/TOtlI1 Credi t Rate Tiburon 29.5 % The County and individual cities/towns will reevaluate these fomulas after at least several years' experience. Both the County and an annexing city or town retain authority to negotiate exceptional annexations independent of these fonnulas. The Town Manager will advise the Town Council when such exceptional ne:Jotia tions are appropriate, and will recamnend means for the TOIID Council's resolution thereof. 2. Other agencies governed by the Board of Supervisors, and independent special districts: Property taxes will be shifted only when the city/town assumes responsibility for services already provided to a parcel by another jurisdiction. In such cases, the property taxes accruing from that parcel allocable to the delivery of those services by the prior jurisdiction will be crOOi ted to the annexing jurisdiction. When the annexing jurisdiction is to assume all of the services provided by a prior jurisdiction, all of the property taxes accruing fran that parcel fran the prior jurisdiction shall be credited to the annexing jurisdiction. When the annexation involves assumption of only sane of a prior jurisdiction IS services, the Town Manager will reccmnend to the Town Council an appropriate property tax shift. Taxes referred to in this section are in addition to those referrOO to in Section One. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 16 , 1980 by the following vote: AYES: NOES: ABSENT: COUNCIIMEMBERS: COUNCIIMEMBERS: COUNCIIMEMBERS: Bergsmd, Edelstein, Rockey None Hanson, Bass CltuG /t ~f!-U~ JOAN . BERGSUND, Mayo Town of Tiburon ' ATTEST: Drafted: 1/11/80 RESOLUTION NO. 1081 A RESOLUTION OF THE TO~m COUNCIL OF THE TOtl'ffi OF TIBURON CREATING "NO PARKING" ZONES AT THREE LOCATIONS ON ROCK HTLL ROAD BE IT RESOLVED BY THE TOvill COUNCIL OF THE TOl'm OF TIBURON, that it is hereby ordered as follows: The following portion of Rock Hill Road 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: 1. On the East Side of Rock Hill Road; starting at the driveway of 148 Rock Hill Road and pro- ceeding southeasterly for a distance of 500 feet. 2. On the East side of Rock Hill Road, starting at St. Hilary's Church driveway and proceeding 48 feet northerly. 3. On the West side of Rock Hill Road, starting at Del Mar Lane and proceeding 98 feet southerly to the driveway of 93 Rock Hill Road. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Janmuy 16 , 1980, by the following vote: AYES: COUNCILMEN: Bergsund, Edelstein, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hanson, Bass ~ 1 t{J ~.1 L I / /1 ,~/ f'J It, {\~r-c 1.{(/"--, JOA R. BERGSUND~ M YOR ATTEST: J1rf!;i:sZ-- R. L. KLE NERT, Town Manager/Clerk arafted 1/11/80 "\ RESOLUTION NO. 1080 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE ASSIGNt1ENT RE CONVER- SION OF TIBURON SCHOOL PROPERTY TO THE MARIN COUNTY HOUSING DEVELOPMENT FINANCING CORPORATION WHEREAS, the Housing Authority of the County of Marin (the "Authority") entered into an Agreement Re Conversion of Tiburon School (the "Agreement") with the Town of Tiburon ("Tiburon") as of August 21, 1979; and WHEREAS, on August 7, 1979, the Authority authorized the formation of the Marin County Housing Development Financing Corporation (the "Corporation") as a subsidiary corporation of the Authority to participate in the development and financing of low-income housing; and WHEREAS, on September 6, 1979, the Corporation filed its Articles of Incorporation and held its first corporate meeting on September 20, 1979; and WHEREAS, the Authority has determined that it will be beneficial and appropriate for the Corporation to undertake the conversion of Tiburon School to low-income housing for the elderly; NOW THEREFORE, BE IT RESOLVED by the Town of Tiburon, as follows: Section 1. The Mayor is hereby authorized to execute on behalf of the Town of Tiburon the Assignment of Agreement Re Conversion of Tiburon School in substantially the same form as attached hereto, and to thereafter execute a deed conveying said property to the t1ARIN COUNTY HOUSING DEVELOpr~NT FINANCING CORPORATION, a California non-profit corporation. Section 2. All prior resolutions and orders or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED by the Town Council of the Town of Tiburon on the 2nd day of January, 1980, by the following vote: AYES: COUNCILMEN: Bergsund, Rockey, Edelstein, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hanson \ 1/" .~ i --If);! U //v /,;' /{ ATTEST: I lj /._/l' L (, ,~/vt It.,,,~ JOAN/BERGSUND, M~~or Town of Tiburon ~ ~. KL ER. Town Manager/Clerk RESOLUTION NO. 1079 A RESOLUTION OF THE TOWN COUNCIL OF THE TO~VN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE CONSOLIDATION OF A LOCAL PROPOSITION WITH THE GENERAL MUNICIPAL ELECTION, AND REQUESTING AUTHORIZATION FOR THE COUNTY CLERK TO RENDER SERVICE REGARDING THE ELECTION TO BE HELD ON TUESDAY, APRIL 8, 1980 WHEREAS, the Town Council of the Town of Tiburon has ordered an election for Tuesday, April 8, 1980; 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 reimbursable basis; and WHEREAS, pursuant to Sections 23301.5 and 23302 of the Elections Code, the above stated Governing Body may request the Board of Supervisors for authorization to consolidate local propositions with the General Municipal Election to be held on April 8, 1980; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Board of Supervisors of the County of Marin is hereby requested to authorize the County Clerk to render the following specified services for said Body relating to the conduct of the election to be held on Tuesday, April 8, 1980: Voter indexes Voter count by precinct Verification of signatures Drayage and rental of polling places Printing of sample and official ballots Printing of measure and arguments Appoinbment and notification of election officers Mailing sample ballots and polling place notification Precinct supplies Training of precinct workers Processing of absentee ballots Central counting Canvass of votes cast 2~ That the Board of Supervisors of the County of Marin is hereby requested to authorize consolidation of the following local proposition with the General Municipal Election of Tuesday, April 8, 1980: "Shall Ordinance No. 219 N.S. of the Town of Tiburon, entitled 'AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PLAN' be adopted? 3. The provisions of California Election Code ~50l4.5(a) are hereby adopted in connection with rebuttal arguments to arguments for or against the local proposition referred to herein. 4. That the Clerk/Secretary of said Body be and hereby is ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 2 , 1980, by the following vote: AYES: COUNCILMEN: Bergsund, Rockey, Bass, Edelstein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hanson \f) II') Mu /( i(}! (1/ tI---. Mayor Town of Tiburon ATTEST: R. L. Drafted 12/24/79 -2- RESOLUTION NO. 1078 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING ELECTION ON WHETHER ORDINANCE NO. 219 N.S. SHOULD BE ADOPTED WHEREAS, the Town Clerk of the Town of Tiburon has certified that the duly filed referendum petition calling for reconsideration of Ordinance No. 219 N.S. has been signed by more than 10% of the voters of the Town of Tiburon according to the Town Clerk's last official report of registration to the Secretary of State; and WHEREAS, the Town Council is thus mandated to either entirely repeal Ordinance No. 219 N.S., or submit the ordinance to the voters; and WHEREAS, the Town Council wishes to submit Ordinance No. 219 N.S. to the voters; NOW, THEREFORE, BE IT RESOLVED that the Town Council orders that Ordinance No. 219 N.S. shall be submitted to the voters at the next regularly scheduled general municipal election on April 8, 1980; that the ballots to be used when voting upon the proposed ordinance shall have printed on them the words: "Shall Ordinance No. 219 N.S. of the Town of Tiburon, entitled 'AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PLAN', be adopted?" Opposite the above statement of the ordinance to be voted ypon, and to its right, the words "yes" and "no" shall be printed on separate lines, with voting squares. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 2, , 1980, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Bass, Rockey, Edelstein none Hanson Drafted 12/24/79 RESOLUTION NO. 1077 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENTS OF QUALIFICATIONS COSTS PERTAINING TO SUCH STATEMENTS AND RESTRICTION OF ADDITIONAL MATERIALS WITH VOTER PAMPHLETS WHEREAS, the Town Council of the Town of Tiburon has considered the provisions of Section 10012 of the Elections Code, which allows local agencies to modify the limitations on words of candidates' statements, to assume the costs, or to bill each candidate for the costs of printing, handling and translating such statements and to adopt certain regulations permitting the inclusion of candidates' materials with the sample ballot and voter's pamphlet, and has reached a deliberated conclusion: NOW, THEREFORE BE IT RESOLVED: 1. That the word limitation on candidates' statements shall not exceed 200 words; 2. That the actual pro-rated costs of printing, handling and translating of candidates' statements shall be levied against each candidate availing himself of such service; 3. That no additional material shall be sent on behalf of the candidate by the local agency with the sample ballot and voter pamphlet; 4. The provisions of this Resolution shall apply at the next ensuing Municipal Election and at each election thereafter at which Municipal Officers are elected unless later repealed or modified. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a regular meeting on January 2 , 1980 by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Edelstein, Rockey, Bass None Hanson t& ATTEST: drafted 12/26/79 ,J\ RESOLUTION NO. 1076 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON APRIL 8, 1980 FOR THE PURPOSE OF ELECTING TWO TOWN COUNCILMEN; 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 8, 1980, for the purpose of electing two Town Councilmen, the terms of the incumbents of which are about to expire. Section 2. Registration to Close March 10, 1980. Registration for said election shall close on March 10, 1980; 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-eigth day before the election. Nomination papers may not be circulated prior to January 10,1980 and must be filed no later than 12:00 noon on January 31, 1980. If an incumbent does not file for re-election to office by January 31, 1980, 12:00 noon, the filing period for such office is extended until February 5, 1980, 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 properly and lawfully to conduct said election. Section 5. Time When Polls Are Kept Qpen. At said election the polls shall be opened at 7 o'clock in the morning of the day of said election, and shall be kept open until 8 o'clock 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 ln a newspaper of general circulation a Notice of Elect~on 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 of the Town of Tiburon on Janu.ary2 meeting of the Town Council , 1980, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Edelstein, Rockey, Bass None Hanson u~ JOA' R. L. KLEINERT, TOWN MANAGER/CLERK drafted 12/26/79 ~ RESOWTIOO NO. 1075 A RESOLurIOO OF '!HE 'IrnN COUNCIL OF THE TCmN OF TIBURCN ACKNCWLEDGING '!HEIR SUPPORT OF SENATE BIIL 547 TO BE PIACED CN THE BALLOT IN JUNE WHEREAS, parks and recreation prcqrams vastly enchance our urban environment; and vlliEREAS, leisure and open spaces in both urban and rural areas are a necessity of life, since they have a substantial effect on mental and physical health, econanic productivity and social prcblems; and WHEREAS, recreation prcqrams can particularly aid in the amelioration of prcblems such as juvenile delinquency am senior citizens in transition; and; WHEREAS, SB 547 ~uld place before the voters of California a measure to provide funding for acquisition and developnent of parks, recreation programs, conservation of natural resources, and access to popular recreation areas; and WHEREAS, the proposed parklands prcqram will make available additional recreation areas in and near population centers, which is particularly i.nq:>ortant as transporatation and fuel becane more expensive; and WHEREAS, enhancanent of parks and other natural resources will have a direct econanic benefit to our camnunity and the state as a whole; and moreover, will benefit the health and well-being of Californians; THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon go on record in support of SB 547, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to each manber of the Assembly CaTmi ttee on Water, Parks and Wildlife, each manber of the Wa~ & Means CaTmittee, each of our area's representatives in the State Assembly and Senate, and the Governor. PASSED AND AOOPTED at a regular meeting of the Town Council of the T~ of Tiburon on January 2 , 1980, by the followinJ vote: AYES: COUNCIIMEMBERS Bergsund, Edelstein, Rockey, Bass NOES: COUNCIIMEMBERS None ABSENT: COUNCIIMEMBERS Hanson II.; VI.. i3jJ{ Mayor ATrEST: ~ RESOllJTION NO. 1074 A RESOllJTION OF THE 'lO-lN COUNCIL OF THE 'JU'JN OF TIBURCN APPROVING AND AUTHORIZrnG FOR EXECUTION AN AGREEMENT BE'IWEEN THE 'KWN OF TIBURCN AND THE STATE OF CALIFORNIA rn CCNNECTICN WITH DRAINAGE IMPROVEMENT AT ROCK HIIL DRIVE AND TIBURCN BOULEVARD (STATE ROUTE 131) , MIRAFLORES PROJECT UNIT 2 BE IT RESOLVED, that the Town Council of the Town of Tiburon approves that certain agreement between the Town of Tiburon and the State of California in connection with drainage improvement to take place on Rock Hill Drive and Tiburon Boulevard, attacherl BE IT FURTHER RESOLVED, that the Mayor is authorizerl to sign the Agreement and the Town Clerk is authorizerl to attest to its execution. PASSED AND ADOPTED at a rBJular meeting- of the Town Council of the Town of Tiburon on January 2 , 1980, by the followinJ vote: AYES: COUNCIIMEMBERS: Bergsund, Edelstein, Rockey, Bass NOES: COUNCIIMEMBERS: None ABSENT: COUNCIIMEMBERS: Hanson .11l, f & [~ JOAN {f. B~RGSUND, t-1ayor, Town of Tiburon A'ITEST: -------- Draf ted: 12/27/79 RESOllJTICN NO. 1073 A RESOLUTION OF THE '!OWN COUNCIL OF WE TClVN OF TIBURO\I COMMENDING ROBERT L. KlEINERI' FOR IITS SERVICE TO THE TCWN OF TIBUROO UPOO THE ANNIVERSARY OF HIS TEN YEARS' SERVICE WI'IH THE TOWN, BY RESOLUTION WHEREAS, Robert L. Kleinert has been e:nployed with the Town of Tiburon for ten years; fran 2 January 1970 to 2 January 1980; am WHEREAS, Robert L. Kleinert has SeIVed as Town Manager for over six of those ten years, fran December 1973 to the present; and WHEREAS, Robert L. Kleinert has ably served several Town Councils in an indefatigable, professional, concientious manner; and WHEREAS, arnorg his many notable achievements, Robert L. Kleinert has, in the face of Post Proposition-13 funding restrictions, judiciously canbined the desires of the citizens and Town Council of Tiburon with the Town's available resources to create one of the most highly respected, effective, efficient local-government agencies in the County of Marin; and WHEREAS, Robert L. Kleinert has, with keen foresight implemented a program of Open Space Acquisi ton for the Town of Tiburon whereby the Town was judiciously able to aoquire over 130 acres of open space range property to remain in the public danain in its natural, unspoiled state; and NCM THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon on 2 January 1980, does hereby publicly carmem Robert L. Kleinert for his distinguished service to the Town of Tiburon; am BE IT FUR'lliER RESOLVED, that the Town Council of the Town of Tiburon on behalf of the citizens of Tiburon, offers its sincere appreciation to Robert L. Kleinert; and BE IT FUR'lliER RESOLVED, that the Town Councilmanbers wish Robert L. Kleinert am his family many more years of health and happiness. PASSED AND ADOPTED at a raJular meeting of the Town Council of the Tovm. of Tiburon on January 2, 1980, by the following vote: AYEs: COUNCIlMEMBERS: Bergsund, Edelstein, Rockey, Bass NOES: COUNCIlMEMBERS: None ABSENT : COUNCIlMEMBERS : Hanson t~ JOAN B~SUND, HAYOR Town of Tiburon ATrEST: ROBERI' L. KLEINERT, Town Mana.~er/Clerk RESOLUTION NO. 1072 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION 1006 ESTABLISHING FEES FOR SERVICES AND COMMUNITY DEVELOPMENT PERMIT APPLICATIONS WHEREAS, the Tiburon Zoning Ordinance and the Town Code require that filing fees for services and development permits be established from time to time by Resolution of the Town Council; and WHEREAS, the Town Council desires to amend Resolution 1006 establishing fees for certain services and permits; NOW, THEREFORE, BE IT RESOLVED that Resolution NO. 1006 is hereby amended as herein provided. Section 1. Amendment. Resolution 1006, the paragraph entitled "Application Type", is hereby amended to read as follows: "APPLICATION TYPE FEES Master Plan and/or Precise Plan and/or Subdivision Application which meets one or more of the following criteria: Minimum fee of $400 plus $50 per acre or part thereof. a) Requires one or more special meetings of the Board of Adjustments and Review, or of the Planning Commission or the Town Council. b) Involves 50 or more units. Plus, staff time for administrative processing computed at $30/hr., with credit given at $30/hr. for the minimum fee, said fee payable at the time of final action on the application. c) Development will occur in an area included within a specific plan. d) The application requires special studies in addition to an EIR. Master Plan (5 units or more) - all zones $400 plus $50/acre, or part thereof. Precise Plan (5 units or more) - all zones (including referral to Design Review) $400 plus $50/acre, or part thereof. Master Plan and Precise Plan (4 units or less (combined) $250 FEES Use Permit (including temporary) $250 PASSED AND ADOPTED at a regular meeting of the Town Countil of the Town of Tiburon held on December 5, 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Hanson, Edelstein, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Rockey ,,)~(-, Draft date: December 5, 1979 -2- RESOLUTION NO. 1071 A RESOLUTION OF THE 'I'CWN COONCIL OF THE TCWN OF TIBURCN COMMENDING JOHN ~vON FOR HIS EXEMPLARY Ca.1MUNITY SPIRIT WHEREAS, John Won has successfully operated Tiburon Torrmie's for over 20 years; and WHEREAS, John Won has becane one of the leading restaurateur in Marin County and the Bay Area; and WHEREAS, John Won has dEmOnstrated his exanplary ccmnunity spirit by annually inviting members of the canmunity and Town personnel to an annual canplimentary holiday dinner for over 10 years; and WHEREAS, Council is desirous of publicly reCOjnizing and comnending John Won for his generosity and ci vic-mindedness; NCW THEREFORE, BE IS RESOLVED that the Town Council of the Town of Tiburon does hereby publicly carmend and extend its appreciation to John Won and Tiburon Tommie's ; and BE IT FURTHER RESOLVED, that the Town Councilrnenbers wish John Won many more years of health and happiness. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 5 , 1979, by the following vote: AYES: COUNCIIMEMBERS: Bergsund, Bass, Edelstein, Hanson NOES: COUNCIIMEMBERS: None ABSENT : COUNCIIMEMBERS: Rockey it, /)1 I \ I, Y 'Wl\.) l~ftt urtcvL JOAN GSUND, May, r Town of Tiburon Draft Date: 11/30/79 RESOLUTION NO. 1070 A RESOLUTIC~ OF THE TCWN COUNCIL OF THE TCWN OF TIBURON COMHENDING JOHN McKELVIE FOR HIS SERVICE TO THE TarVN OF TIBURON WHEREAS, John McKelvie has been Employed with the TOtJI1 of Tiburon for more than 10 years, since December 1, 1969; and WHEREAS, John McKelvie has served ably as a long-tenn member of the Department of Public Works; and WHEREAS, John McKelvie has dEmOnstrated a fine competence in the art of landscape maintenance while assisting in the preservation of McKegney Green; and NCW THEREFORE, BE IT RESOLVED, the Council expresses its sincere appreciation on behalf of the citizens of Tiburon for the services of John McKelvie; and FURTHERMORE BE IT RESOLVED, that the Tiburon Town Council does hereby publicly camnend John McKelvie for his services to the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 5 , 1979, by the following vote: AYES: COUNCIIMEN: Bergsurrl, Hanson, Edelstein, Bass NOES: COUNCILMEN: None ABSENT : COUNCILMEN: Rockey ,I l/// ! ;.tL/! ,'), I~ /((}1/1Jil/n/"-., '..'U .'Iv ' v . /, v~:" , JOAN B~GSUND, MAYOR Town of Tiburon ' ,F,\ ATTEST: Draft Date: 11/30/79 RESOLUTION NO. lil69 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PlAN AT\ffi PRECISE PlAN FUR 10 MAIN STREET AND 1704 TIBURON BOULEVARD WHEREAS, the Planning Corrmission of the TCMn of Tiburon has received and considered a Haster Plan and Precise Plan submitted by John Anderson on behalf of the owner John MUsso to establish a real estate brokerage and title company office at 10 Main Street and 1704 Tiburon Boulevard; and WHEREAS, the Planning Corrmission has recorrmended approval of the Master Plan and Precise Plan to the TCMn Council; and WHEREAS, the Town Council has made affinnative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordinance dealing with the PD (Planned Development) Zone; and WHEREAS, the use will not be detrirnental to the Dcwntown area; and WHEREAS, the Town Council believes that an exception to the parking standards to allow the required parking spaces to be provided on another parcel of land is appropriate so long as it it understood that the parking IIRlst be maintained to allCM the continued operation of the business; and WHEREAS, the applicant has indicated that it is clearly understood that should the parking requirement not be satisfied, the continued operation of the uses pennitted under the Master Plan and Precise Plan shall be in violation of the Zoning Ordinance and TInlSt be imnediately ceased; NOW, THEREFURE, BE IT RESOLVED that the TCMn Council of the Town of Tiburon grants approval of the Haster Plan and Precise Plan subject to the following conditions: 1. Prior to the issuance of any building permits and prior to the . comnencement of the proposed use, the owner of the property shall subrrdt proof that the parking requirements of 10 parking spaces for the use (Ordinance No. 9 N. S., Section 13) have been met and will continued to be available so long as the use provided for in the Haster Plan is continued. 2. In the event that at any time the owner of the property fails or ceases to provide the parking required hereunder, IvTas ter Plan approval may be revoked for failure to canply with the conditions of approval and, in such event, the uses provided for hereunder shall be discontinued irrmediately. It shall not be necessary that the required parking be provided on the s~ parcel or on a contiguous parcel, but the location of the parking and its availability to the users of 10 Main Street and 1704 Tiburon Boulevard shall be subject to the approval of the Director of Corrmmi ty Development. 3. The Director of Commmity Development shall cause the Master Plan to be reviewed as directed by the TCMn Councilor the Planning Canmission for the purposes of substantiating compliance with the parking requirements required hereunder. PASSED AND ADOPTED at a regular meeting of the TCMn Council on November 7 1979, by the following vote: AYES: NOES: ABSENT: COUNCIIl1EN: COUNCIlMEN : COUNClil1EN : Pockey, Bass, Bergsund IIanson, Edelstein None /') I., H. J/., '-'. i1~ ,/1) {ilL/i. \ L' - / 'Vt' i, ,~ / ,,.vi.- v "----. -; ; JOAN, 'BERGSUND, Mayor Town of Tiburon ' RESOLUTION NO. 1067 A RESOLUTION OF THE TOWN OF TIBURON EXERCISING OPTION TO PURCHASE REAL PROPERTY WHEREAS, by an Agreement dated June 20, 1979, the Town of Tiburon acquired an option to purchase certain real property from the Reed Union School District ("District"), which real property is more particularly described in said Agreement; and WHEREAS, the Town of Tiburon desires to exercise said option: and consummate said purchase; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby exercises said option to purchase pursuant to the terms and provisions of said Agreement, and the Town Manager is hereby directed to forthwith notify District in writing by certified mail of the exercise of said option; and the Mayor shall thereafter take such action as necessary to consummate said purchase. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 17 , 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Bass, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hanson, Edelstein t<) '7 . ,p . .-f/ '... ...('!~ II '. " ,'. ..' /. I ". !. "I'f "I 'J ,J, ,',' IiI"' \-If {L;,' ~ . lj' l/I0t Jell J v (/ '- JOl)N/BERGSUND, ii~yor ToWn of Tiburd ATTEST: ~S;=- /II~-- R. L. KLEINERT, Town Manager/Clerk Drafted 10/11/79 RESOLUTION NO. 1067 A RESOLUTION OF THE TCWN OF TIBURON EXERCISING OPTION TO PURCHASE REAL PROPERlY WHEREAS, by an Agreement dated June 20,1979, the Town of Tiburon acquired an option to purchase certain real property from the Reed Union School District ("District"), which real property is more particularly described in said Agreement, and WHEREAS, the Town of Tiburon desires to exercise said option and consumate said purchase; NCW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby exercised said option to purchase pursuant to the tenus and provisions of said Agreement, and the Tc:wn Manager is hereby directed to forthwith notify District in writing by certified mail of the exercise of said option; and the Mayor shall thereafter take such action as necessary to consummate said purchase. PASSED AND ADOPTED at a re<]ular meeting of the Town Council of the Town of Tiburon on October 17, 1979, by the following vote: AYES : COUNCIIMEN: Berg sund, Bass, Rockey NOES: COUNCIlMEN: None ABSENT: COUNCILMEN": Hanson, Edelstein 'I ,~, '. " J , 1.~' l"''-c ' "- ',' . I (., It I, ~,. " ,-~ J .I \ /! ji.,'&,i. 1\ Jj! "ll' ( I /~( t v'~ v 1<./ J '11'.UV j F --- JOl\N'13ERGSUND, Ma'ybr Town of Tiburon" ATTEST: ;@~P~~~"'-' R. L. KLEINERT, Town Manager/Clerk '"" -- ~ .-.J_..:1.::.,~,,J Drafted 10/11/79 RESOLUTION NO. 1066 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF DEED OF EASEMENT FROM TOWN OF TIBURON, A MUNICIPAL CORPORATION, TO RICHARDSON BAY SANITARY DISTRICT, IN CONNECTION WITH MIRAFLORES PROJECT UNIT 2 BE IT RESOLVED, that the Town Council of the Town of Tiburon authorize the Mayor to sign, and the Town Clerk to attest, that certain Deed of Easement from the Town of Tiburon, a municipal corporation, to Richardson Bay Sanitary District, which said Deed of Easement is attached hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 17 , 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Bass, Rockey NOES: COUNCILMEN: None . ABSENT: COUNC ILMEN : Hanson, Edelstein ~) ;.J/l L ., /. ~/ / r; ...\//. a/kt \~' 1_ ~i~ iJlv{llZ R. BERGSUND,! YOR of Tiburon ATTEST: R. L. KLEINERT, Town Manager/Clerk drafted 10/17/79 RESOLUTION NO. 1065 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AGREEMENT BETWEEN THE TOWN OF TIBURON AND TELE-VUE SYSTEMS, INC. DOING BUSINESS AS "VIACOM", IN CONNECTION WITH MIRAFLORES PROJECT UNIT 2 BE IT RESOLVED, that the Town Council of the Town of Tiburon approves that certain agreement between the Town of Tiburon and TELE-VUE SYSTEMS, INC., doing business as "VIACOM", attached hereto. BE IT FURTHER RESOLVED, that 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 October 17 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Bass, Rockey COUNCILMEN: None COUNCILMEN: Hanson, Edelstein ATTEST: e;av R. L. KLEINERT, Town Manager/Clerk drafted 10/17/79 RESOLUTION NO. 1064 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FIXING THE SALARY OF THE TOWN MANAGER FOR THE FISCAL YEAR, 1979-80 WHEREAS, Chapter 2, Article II, Section 2-7 of the Minicipal Code requires that the salary of the Town Manager be fixed by resolution of the Town Council; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does fix the annual salary of the Town Manager for fiscal year 1979-80 atS33.600.00 PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on Sept~ 24 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Edelstein, Hanson, Rockey, Bass COUNCILMEN: None COUNCILMEN: None JOA, Town BERGSUND, Tiburon ATTEST: R. L. drafted 9/20/79 RESOLUTION NO. 1063 A RESOLUTION OF THE TOWN OF TIBURON DIRECTING IMPOUND OF CERTAIN FUNDS. WHEREAS, the Town of Tiburon has recently amended Chapter 7B (property development tax) of the Tiburon Municipal Code for the purpose of increasing the rate of tax imposed thereby; and WHEREAS, the Town Council desires to retain in an impound account all funds that may be collected as a result of said increase wh~ch are in exceffi of the funds which would have been collected had such increase not occurred; NOW/THEREFORE, BE IT RESOLVED that the Town Council hereby directs that all funds collected from the property de- velopment tax which are in excess of the funds that would have been collected had the rate of the property development tax not been increased by the Town Council on Sep~r 24 1979, shall be impounded in an interest bearing account, pending further direction from the Council. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a regular meeting of the Town Council held on September 24 , 197 9 . AYES: COUNCILMEN: Bergsund, Edelstein, Hanson, Rockey, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ayor ATTEST: --~._._-.. ."",~ Drafter 8/31/79 RESOLUTION NO. 1062 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROPOSING ITS ANNUAL 1979 AYALA DAY SPORTS CHALLENGE TO THE CITY OF BELVEDERE WHEREAS, the City of Belvedere and the 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 Bicentennial festivities in a challenging tug- of-war contest; and WHEREAS, Belvedere and Tiburon competed again at the 1977 and 1978 Ayala Day festivities in spirited volleyball contests which were later contested; and WHEREAS, the overall challenge match record is now even, 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, a rematch of last year's game may be appropriate; 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 desirable date and location would be Ayala Day, 1979, Saturday, September 29th at McKegney Green. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on September 24, 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Bass, Rockey, Hanson, Edelstein None None ATTEST: drafted 9/24/79 RESOLUTION NO. 1061 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 1979-80. 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 1979-80 applicable to this bonded indebtedness has been computed by the Marin County Controller's office; and WHEREAS, the computed tax rate per $100 assessed valuation is $.120 for fiscal year 1979-80, 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 $.120 per $100 assessed valuation as the override tax levy applicable to the Town's 1972 Open Space bond issue for fiscal year 1979-80. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Sep~ 5 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Hanson, Edelstein, Rockey, Bass COUNCILMEN: None COUNCILMEN: None 'I ~ -?tUL JOAN tIR. BERGSUND, Town of Tiburon ATTEST: MANAGER/CLERK Drafted 8/29/79 6. That Resolution No. 997 is .hereby rescinded. PASSED AND ADOPTED at a reg-ular meeting of the Town Council of the Town of Tiburon on Sen-tAllher S , 1979, by the following vote; AYES: COUNCIlMEN: Bergsund, Hanson, Edelstein, Rockey, Bass NOES: COUNCIlMEN: None ABSENT: COUNCIlMEN: None Drafted 8/23/79 .. <Vu J& Unll/Ji4(, RESOLUTION NO. 1060 A RESOllJTION OF THE 'JUfJN COUNCIL OF THE 'IUiVN OF TIBURON AUTHORIZING SIGNING AND ENDORSING OF GIECKS AND OTHER INSTRUMENTS BE IT RESOLVED AS FOI.J.ati1S: 1. That Home Savings - Tiburon Branch, Civic Federal Savings and Loan Association - Corte Madera Branch, and the Bank of America, Tiburon are hereby selected and designated as the depositories of funds of the TONn of Tiburon and that checking accounts be established and maintained by and in the name of this Town at said banks, upon and subj ect to such tems and conditions as the Councilmen hereinafter designated, or any of than, may from time to time agree upon with said banks, and (a) Tha t all checks, drafts and other instruments in the amount of $500 or less for the payment from said accounts at said offices be signed on behalf of the Town of Tiburon by Robert L. Kleinert and one of the following: F.G. Knight, Alan P. Nadritch, or one of the preceding and one of the following: Dennis Rockey, Philip B. Bass, Joan Bergsund, Harold Edelstein, or Kirk Hanson. Payroll checks will be signed by either Robert L. Kleinert or F .G. Knight, or in their absence, a Councilmen. (b) That any checks, drafts or other instruments for the payment from said accounts or at said offices be signed on behalf of the Town of Tiburon by F.G. Knight, Robert L. Kleinert, or Alan P. Nadritch and one of the following: Dennis Rockey, Philip B. Bass, Joan Bergsurrl, Harold Edelstein, or Kirk Hanson. 2. That any checks, drafts or other instruments for the payment of money, endorsed on behalf of the Town for deposit with or collection by said banks, may be endorsed in the name of the Town by written or stamped endorsanent, with- out designation or signature of the person making such endorsanent; and 3. That the Town Clerk is hereby authorized and directed to certify to said banks that this Resolution has been duly adopted, and is in accordance with this Resolution and the certification then in effect as above provided for, including any such instrument drawn or endorsed to the personal order of, or presented for ,negotiation or encashment by, any official signing or endorsing the same; and 4. Tha t said banks are hereby requested and authorized to honor, receive, certify or pay any such instrument signed or endorsed in accordance with this Resolution and the certification then in effect as above provided for, including any such instrument drawn or endorsed to the personal order of, or presented for negotiation or encashrnent by any official signing or endorsing the same; and 5. Tha t this Resolution and each certification shall renain in full force and effect, and said banks are authorized and rB:1Uested to rely and act thereon, until they shall receive at their office to which the certified copy of this Resolution is delivered, either a certified copy of a further Resolution of the Town Council of the Town of Tiburon amending or rescinding this Resolution or a further certification as above provided for, as the case may be; and RESOllJTION NO. 1059 A RESOllJTICN OF THE 'IavN CCUNCIL OF THE ~ OF TIBURON ESTABLISHING THE ANNUAL SALARY PRCX;RAM FOR THE TCWN OF TIBURON FOR FISCAL YEAR 1979-80 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM WHEREAS, Section 3-3 of the Tiburon Municipal Code required that an Annual Salary Program be adopted for each fiscal year as part of the Personnel System of the Town of Tiburon; NCW, THEREFORE, BE IT RESOLVED: THAT the Marorandum of Understanding with the Police employee unit is hereby approved and ratified for fiscal years 1979-80 and 1980-81, and BE IT FURTHER RESOLVED: THAT the Annual Salary Program for fiscal year 1979-80 (Police 1980-81) shall be those schedules attached hereto, effective July 1, 1979, and made a part hereof as follows: 1. SAlARY SCHEDULE A - Miscellaneous Employees 2. SALARY SCHEDULE B - Police Employees 3. SALARY SCHEDULE C - ProfessionaljMid-Management Employees 4. SAIARY SCHEDULE D - Management 5. SALARY SCHEDULE E - Overtime Rates, Wages for Casual Employees, Mileage Reimbursement and Educa tion Incentive Pay. 6. SAIARY SCHEDULE F - Health and 1'1edical Insurance Program PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on September 5 , 1979 by the following vote: AYES : NOES: ABSENT : COUNCIlMEN: Bergsund, Hanson, Edelstein, Rockey, Bass COUNCIIMEN: None COUNCIIMEN: None 1~t'1t~ :~ :~d~ Draft Date: August 31, 1979 RESOLUTION NO. 1058 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR THE PAUL KAHN DEVELOPMENT OF THREE PARCELS LOCATED AT 4889 PARADISE DRIVE AP#38-09l-27 WHEREAS, the Town Council of the Town of Tiburon has considered and approved a Master Plan for the Kahn property off Paradise Drive;and WHEREAS, the Planning Commission of the Town of Tiburon has reviewed a Precise Plan for the property and has recommended approval of the Precise Plan to the Town Council as being in substantial conformance with the Master Plan; and WHEREAS, the Town Council finds the Precise Plan submitted is in substantial conformance with the Master Plan; NOW, THEREFORE BE IT RESOLVED, that the Precise Plan which is attached hereto consisting of four pages and identified as Exhibit "A", is hereby approved subject to the compliance with the conditions set forth in the Master Plan for said project, plus the following conditions: 1. Grading and excavation be reviewed and approved by the Town Engineer. If on-side inspections are necessary, the Town Engineer will be responsible for the inspections, with the cost to be off set by the applicant. 2. The applicant shall comply with all conditions and recommenda- tions contained in the letter from Town Engineer, Stanley Bala, dated July 5, 1979. 3. The final map shall reflect a building limit line on parcel 1 generally showing the location of the proposed residence. The remaining buildable area will be restricted to accessory building construction only. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on Auqust 15 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Rockey, Bass, Edelstein, Hanson COUNCILMEN: None COUNCILMEN: None ATTEST: drafted 8/16/79 RESOWTION NO. 109 RESOLUTION OF THE 'TOWN COONCIL OF THE 'ID'VN OF TIBURON APPROVING THE APPLICATION FOR lAND AND WATER CONSERVATION FUNDS RICHARDSON BAY LINEAL PARK IMPROVEMENTS PROJECT WHEREAS, the Congress under Public Law 88-578 has autOOrized the establishment of a Federal Land and Water Conservation Fund C'u-ant-In-Aid Program, providing matching funds to the State of California and its political sub- divisions for acquiring lands and developing facilities for public outdoor recrea lion purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local natching funds prior to the suhnission of said applications to the State; am WHEREAS, Part V of said applications contains assurances that the applicant must comply with; and WHEREAS, the proposed Richardson Bay Lineal Park Improvrnents project is consistent with the California OUtdoor Recreation Resources Plan; and WHEREAS, the project must be canpatible with the land use plans of those jurisdictions ~ediately surrounding the project; NCM, THEREFORE, BE IT RESOLVED that the Town Council hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds frcro the following sources: State Bond Act of 1976, SB 174, local funds and can q finance 100 percent of the project, half of which will be reimbursed, and 3. Certifies that the project is canpatible with the land use plans of those jurisdictions intrediately surrounding the project; and 4. Appoints the Town Manager, as agent of the Town to comuct all negotia lions, execute and suhni t all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned proj ect. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 15, 19.79, by the following vote: AYES: NOES: ABSENT: COUNCIlMEN : COUNCIlMEN: COUNCIlMEN: Bergsund, Edelstein, Bass, Rockey, Hanson None None ATrEST: RESOLUTION NO. 1056 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PRECISE PIAN FOR THE EXPANSION OF THE TIBURON LOIGE WHEREAS, the Planning Corrrnission has approved the Precise Plan for the expansion of the Tiburon Lodge; and WHEREAS, the Precise Plan is in substantial compliance with the }1aster Plan ; NOW, THEREFORE, BE IT RESOLVED that the Precise Plan, copy of which is attached hereto as Exhibit "A", is hereby approved subject to corrpliance with the conditions as set forth in the Master Plan for said proj ect, being an amendment to the Zelinsky Naster Plan. PASSED AND ADOPTED at the regular meeting of the Town Cmmcil of the Town of Tiburon on Augus t 1 , 1979, by the following vote: AYES: COill~CIlMEN: Bergsund, Edelstein, Rockey, Hanson . NOES: COUNCIINEN' : none ABSENT: COUNCIIMEN: Ba s s /1\ ATTEST: Date drafted: 7/13/79 A RESOLUTION NO. 1055 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PlAN FOR 21 MAIN STREET, 2ND FLOOR WHEREAS, the Plarming Carrnission has approved the Precise Plan for the 2nd Floor of 21 Main Street; and WHEREAS, the Precise Plan is in substantial canpliance with the Master Plan; NOW, THEREFORE, BE IT RESOLVED that the Precise Plan, a copy of which is attached hereto as Exhibit "A", is hereby approved subject to compliance with the conditions set forth in the Master Plan for said project. PASSED AND AOOPIED at the regular meeting of the Tam Conncil of the Tam of Tiburon on Julv 18 , 1979 by the following vote: AYES: NOES: COUNCII11EN: Bergsund, Edelstein, Hanson, Rockey, Bass COUNCIlMEN: None ABSENT: COUNCIlMEN: None A'ITEST: ...---.'......:: Date drafted 7/12/79 RESOLUTION NO. 1054 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1979-80. WHEREAS, the Town Council now finds that the proposed Minicipal Budget, as amended, provides for all appropriate muni- cipal purposes and services within the current resources and anticipated revenues for fiscal year 1979-80 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 1979-80, and all expenditures, encum- brances, transfers and appropriations set forth therein 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 increase or diminishment in salaries result other than that provided for by the presonnel 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 an adjourned regular meeting of the Town Council of the Town of Tiburon held on July 9, 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsrmd, Edelstein, Rockey, Bass COUNCILMEN: COUNCILMEN Hanson 1L e Bt~ ' "Ut( R. BERGSUND Mayor of Tiburon \ R. Drafted 7/5/79 RESOLUTION NO. 1053 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING OLD ST. HILARY'S AS A HISTORICAL LANDMARK WHEREAS, the Tiburon Heritage Commission has, pursuant to Ordinance 129 N.S., found that the structure known as Old St. Hilary's, at Esperanza Lane, Tiburon, California is of historic, cultural and aesthetic interest, and is worthy of consideration for protection, enhancement and perpetuation as such; and WHEREAS, pursuant to Ordinance 129, N.S., the matter was duly referred to the Planning Commission for a report; and WHEREAS, the Heritage Commission, subsequent to the receipt of the report from the Planning Commission, acted to recommend that said building, inclusind Assessor's Parcels #5903102 and #5903203, be declared a historical landmark and its report and recommendation have been forwarded to the Town Council, together with the report of the Planning Commission; and WHEREAS, a public hearing was duly set for July 9, 1979, before the Town Council for the purpose of acting on said recommendations; and WHEREAS, said public hearing was duly noticed by publication in a newspaper of general circulation in the Town of Tiburon at least 10 days before the date of the hearing, and the owners and lien holders of record of said property were duly notified in writing 10 days in advance of said hearing date; and WHEREAS, said public hearing was duly held on July 9, 1979, at which time the Town Council, after due deliberation concurred in the recommendation of the Heritage Commission and the Planning Commission, that said structure ought to be designated as a historical landmark of the Town of Tiburon, NOW, THEREFORE BE IT RESOLVED, that Old St. Hilary's, including Assessor's Parcels #5903102 and #5903203, is hereby designated as a historical landmark of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on July 9 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: Hanson Bergsund, Edelstein, Rockey, Bass none t,k e ~fu JOiN R. BERGSUN~, Mayor Town of Tiburon dtd 6/19/79 RESOLUTION NO. 1052 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING ADMINISTRATIVE INTERN GERALD BELLETTO FOR HIS SERVICE TO THE TOWN OF TIBURON WHEREAS, Gerald Belletto was employed as Administrative Intern with the Town of Tiburon from May,1978 to July, 1979; and WHEREAS, he has ably served as Staff liaison for the Fine Arts and Heritage Commissions during his tenure with the Town; and WHEREAS, he has served the Town of Tiburon in a highly pro- fessional manner in combining the desires of the Community with the Town's available resources; and WHEREAS, Gerald Belletto is now continuing to pursue a Master's Degree Program; NOW,THEREFORE BE IT RESOLVED, that the Tiburon Town Council does hereby extend its sincere appreciation on behalf of the citizens of Tiburon and publicly commend Gerald Belletto for his services to the Town of Tibur0n. PASSED AND ADOPTED at an adjourned regular meeting of the Town Council of the Town of Tiburon ~n July 9 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Edelstein, Rockey, Bass COUNCILMEN: COUNCILMEN: Hanson t /1) UJ j L. f) Jh21;Jlt1tr:C R. BERGSUND,ljMayor of Tiburon ATTEST: R. (~ /Clerk drafted: 7/5/79 RESOLUTION NO. 1051 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING PRECISE PLAN FOR 31 MAIN STREET WHEREAS, the Planning Commission has approved the Precise Plan for 31 Main Street; and WHEREAS, the Precise Plan is in substantial compliance with the Master Plan; NOW, THEREFORE, BE IT RESOLVED that the Precise Plan, a copy of which is attached hereto as Exhibit "A", is hereby ap- proved subject to the compliance with the conditions set forth in the Master Plan for said project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 20 , 1979, by the following vote: AYES: Councilmen: Bergsund, Edelstein, Rockey, Bass, Hanson NOES: Councilmen: ABSENT: Councilmen: None ;,'-'\ ,,~l ~ fi " '/ >'1 '7 "-flatu k . A ~.ic~i:lU1~ Mayor , '../ AT~ .. _=~..._ R. L. ~~ger/Town Clerk Draft Date: 6/20/79 RESOLUTION NO 1050 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FIXING THE SALARY OF THE TOWN MANAGER WHEREAS, Chapter 2, Article II, Section 2-7 of the Municipal Code requires that the salary of the Town Manager be fixed by Resolution of the Town Council; NOW, THEREFORE, BE IT RESOLVED THAT the annual salary of the Town Manager shall be $29,803 effective March 1, 1979 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6 ,1979 by the following vote: AYES: COUNCILMEN: Bass, Bergsund, Rockey, Hanson, Edelstein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ,/1 ?Ij ~ 'L;V Ie . R. BERGSUND, of Tiburon ATTEST: Manager/Clerk drafted 5/30/79 RESOLUTION NO. 1049 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE ESTABLISHMENT OF AN ENCUMBRANCE SYSTEM FOR THE TOWN'S ACCOUNTING AND BOOKKEEPING PROGRAM WHEREAS, the Town's independent auditors have repeatedly recommended that an encumbrance system should be established so as to secure an even greater degree of control in main- taining a proper accounting for all expenditures; and WHEREAS, the Citizens' Finance Advisory Committee has determined that encumbrance system for the Town's accounting program be established in order to properly maintain precise control of available appropriations by formally entering written commitments (purchase orders, contracts, and other written documents) in the accounts before they actually become expenditures; and; WHEREAS, the Town Treasurer has likewise recommended that an encumbrance system be established so as to provide more flexibility and detail in the Town's accounting system and thereby reflect to a finer degree, the financial position of the Town at any given point.in time; NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby direct the Town Treasurer and Deputy Town Treasurer to reflect as appropriations in the budget for the year ending June 30, 1979, all necessary appropriations and to record all obligations as liabilities on the Town's financial statements for the year ending June 30, 1979. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6 ,1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bass, Bergsund, Rockey, Hanson, Edelstein COUNCILMEN~ None COUNCILMEN: None ATTEST: RESOLUTION NO. 1048 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING CERTAIN RESTRICTED FUNDS AND AUTHORIZING FUND TRANSFERS WHEREAS, the Town of Tiburon has previously established restricted fund accounts for specific financing purposes, and WHEREAS, certain revenues are received by the Town for special or restricted appropriations, programs, or activities, and WHEREAS, the Citizen's Finance Advisory Committee has recommended the creation of certain new restricted funds and fund transfers, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby authorize the following fund transfers and the establishment of those new Restricted Funds accordingly (as underlined) : 1. Unallocated General Fund Reserve to the restricted Insurance Reserve Fund ($55,000) 2. Unallocated General Fund Reserve to the restricted Capital Replacement and Restoration Fund ($116,000) 3. Unallocated General Fund Reserve to the restricted Civic Center/Town Hall Development Fund ($65,000) PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Bass, Rockey, Hanson, Edelstein None None f' L(:;-C1 4 ..' ~'. ? l tv ,'! '- )f..c L~:t2ti /t ~ JOA R. BERGSUND, ayor Town of Tiburon ATTEST: RESOLUTION NO. 1047 A RESOLUTION OF 1HE TOWN COUNCIL OF TIffi TOWN OF TIBURON APPROVING TIlE APPLICATION AND TIlE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR LYFORD'S TOWER PROJECT WHEREAS, the Congress under Public Law 89-665 has authorized the establishment of a National Historic Preservation Grants-in-Aid Program, providing matching funds to the State of California and its political sub- divisions for historic preservation, survey, planning, development and acquisition projects, and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by Resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; NOW, TIlEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby: 1. Approves the filing of an application for the National Historic Preservation Grants-in-Aid assistance for the restoration of Lyford's Tower project; and 2. Appoints the Tiburon Heritage Advisory Committee in conjunc- tion with Town Staff, as agent of the Town of Tiburon to coordinate and process all ancillary documents within the scope of the attached application, and authorizes said agent to execute on behalf of the Town of Tiburon the attached PROJECT AGREEMENT; and 3. Agrees that all required local matching funds will be provided for the project. PASSES AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6 1979, by the following vote: AYES: COUNCIlMEN: Bergsund, Bass, Edelstein, Hanson, Rockey NOES: COUNCILMEN: ABSENT: COUNCIIMEN: None 7!iI~v~C' R. L. KLEINERT, Town Manager/Town Clerk Draft Date: May 23, 1979 RESOLUTION NO. 1043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON INDICATING ITS INTENTION TO REMOVE CERTAIN PORTIONS OF PROPERTY FROM THE BLACKIE'S PASTURE AREA PARK PLANS FOR CAL/TRANS RIGHT-OF-WAY PURPOSES ALONG TIBURON BOULEVARD IN THE VICINITY OF THE TRESTLE GLEN INTERSECTION. WHEREAS, a feasibility study for providing traffic signals at the intersection of Trestle Glen Boulevard and Tiburon Boulevard was prepared in April, 1979, and WHEREAS, this study concluded that traffic signals are feasible at the intersection of Trestle Glen and Tiburon Boulevard, and WHEREAS, one of the specific recommendations of the study was for certain right-of-way to be provided by the City for future road widening and line of sight requirements to accommo- date traffic signals at this intersection, and WHEREAS, such right-of-way could also provide for other turning and through traffic lanes as required in this area, and WHEREAS, recognizing the significant need for safety improvements in the vicinity of the Trestle Glen intersection, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tiburon does hereby indicate its intention to provide the necessary right-of-way along Tiburon Boulevard, between Reed Ranch Road to the West and Stewart Drive to the East, to the State Division of Highways (Cal/Trans) to accomplish the proposed traffic safety improvements in that area; and BE IT FURTHER RESOLVED, that the City Council of the City of Tiburon does hereby acknowledge the proposed removal of these right-of-way areas from the City's future park development plans for Blackie's pasture. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on May 2 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Edelstein, Rockey, Bass, Hanson COUNCILMEN: None COUNCILMEN: None i) \>>_ ~ J {j E. /~~~"H t~ ~ BERGSUND,! YOR City of Tiburon R. L. KLEI drafted 4/17/79 RESOLlITION NO. 1042 A RESOLUTION or THE CITI' COUNCIL OF THE CITY OF TIBURON A"'1ENDING DESIGNATION or ENGINEER OF WOR1< FEOM THE MIPAFLOFES PROJECT ASSESSMENT DISTRICT BE IT RISOL\~D by the City Council of the City of Tiburon, Marin County, California, that the desigration of Engineer of \tJork in proceedings for Hiraflores Project Assessment District, be, and it is hereby amended to designate the firm of OBEPY~1PER & ASSOCIATES CIVIL ENGINEERS, IiJC. as Engineer of \t,Jork, and to delete from said proceedings any reference to GONZALEZ & OBERKAMPER CIVIL EtJGINEERS, INC. as Engineer of \1.Jork. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on April 18, 1979._, 1979, by the following vote: AYES: COlJNCIu.1f.jvmERS Bass, Edelstein, Eockey NOES: COUNCIU'1Er"ffiEPS None ABSE1\11' : COUNCIU1EMBERS Rergsund, Hanson n . ()1 ~..,~{,(-' K. i'Jt1rtf/v?l&,,- Mayor"1 City of Tiburon u A'ITEST: R.t~~rk Draft Date: 4/19/79 RESOUfITON NO. 1041 A PESOLUTION OF THE CITI COUNCIL OF 'TIIE CITI OF TIBURON ACCEPTING HORK A},ID FINAL CONTPACT COSTS l\ND DIRECTING CIERK TO RECORD NOTICE OF COt-1PLETION IN HIRAFLORES PROJECT ASSESSMENT DISTRICT, CITY OF TIBURON, HARIN COUN'IY, CALI FORi\fIA Ir!HEREAS, the Engineer of vJork for Miraflores Project Assessment District, and the City Engineer of the City of 'I'iburon, have certified to this Council that the improvements to be done in said assessment district have been inspected and have beer. foune to comply with the approved plans, special provisions and standard specifications and have reco~ended that the work be accepted as completed by MAGGIOPA & GHILOTII, INC. on the 11th day of April, 1979. NOH, THEREFORE, BE IT RESOLVED by the City Council of the City of Tiburon, Marin County, California, that said work is accepted as completed on the 11th day of April, 1979, and the City Clerk is hereby directed to record a Notice of Completion in the office of the County Recorder of the County of Marin. BE IT FURTHER RESOLVED that the final contract costs incorporated in said certificates are hereby accepted and that disbursement to the contractor shall be made in accordance Hith said final contract costs. PASSED Ar-ID AOOPTED at a regular meeting of the City Council of the City of Tiburon on April 18, 1979 , 1979, by the following vote: AYES: COUNCILMEt1BERS Bass, Edelstein, Rockey }.JOES: COUNCIhflJ.E1vTBERS None ABSEN':!, : COIJNCILMF11BERS Bergsund, Hanson /}/} , /.. / l^, 'J /j , ,l/J.., tJ /~, Icltf(:)~l !!rtL 7, Ci tv of Tiburo]! Draft Date: 4/19/79 RESOLUTION NO. 1039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ESTABLISHING 2nd PHASE UNDERGROUND UTILITY DISTRICT ALONG TIBURON BOULEVARD TO ROCK HILL ROAD WHEREAS, the City of Tiburon has adopted Ordinance No. 12 N.S. 'Underground Utility Districts"; and WHEREAS, the City of Tiburon by the adoption of Resolution No. 955 had indicated its desire and intent to underground utilities along Tiburon Boulevard between San Rafael Avenue and Rock Hill Road and has so notified Pacific Gas & Electric Company, Pacific Telephone Company, and Viacom Cablevision of this intent; and WHEREAS, Section 12-2 of the Tiburon City Code requires that the City Council call public hearings to ascertain whether the public necessity, health, safety, or welfare requires such undergrounding; WHEREAS, a public hearing was called for and held on April 4, 1979, in the Council Chambers, City Hall, Tiburon,California, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures, and the under- ground installation of wires and facilities for supplying electric, communication or similar or associated services within that certain area of the City described as follows: an extension of the Underground Utility District established November 14, 1977, by the City of Tiburon Resolution NO. 957, from the District's westerly boundary along Tiburon Boulevard toward and including the intersection portion of Rock Hill Road, as more particularly shown in Exhibit A attached hereto: WHEREAS, although no private property owners are directly affected by this undergrounding, notice of such hearing has been given to adjacent property owners; and WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tiburon does find that it is in the public welfare to cause such under- grounding and hereby orders removal of all poles, overhead wires and associated overhead structures and the placement of these same utilities underground by August 1, 1980; AND, BE IT FURTHER RESOLVED that the Council hereby finds as follows: The Underground Utility District hereby created is in the general ?ublic interest for the following reasons: (1) The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; (2) The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; (3) The said streets, roads or rights of way adjoin or pass through an area of unusual scenic interest to the general public; PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on April 4 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Hanson, Edelstein, Bergsund, Rockey, Bass none none .,) .~ A ''-cVIl; t, . lJi7:1:i~ R. BERGSUND, yor of Tiburon ATTEST: .,...,.,...,..... -- R. drafted 3/39/79 RESOLUTION NO. 1039 A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR THE SALE OF PROPERTY TO PACIFIC TELEPHONE COMPANY WHEREAS, the City Council has previously fully con- sidered an offer by the Pacific Telephone Company to pur- chase certain real property owned by the City of Tiburon; and WHEREAS, the City Council has heretofore authorized said sale; NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Tiburon is hereby authorized to consummate said sale by executing the deed, a copy of which is attached hereto, and delivering the same to the escrow agent together with instructions to record said deed upon payment of the pur- 6hase price of $65,000.00 pursuant to the escrow instructions, a copy of which is attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on March 21, 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Bass, Rockey, Edelstein NOES: COUNCILMEN: none ABSENT: COUNCILMEN: Hanson /1 I /J <:7 uK. /jeJz - 7U/f~_ Mayor, City off iburon Joan R. Bergsurta ATTEST: ;W~- R. L. KLEINERT, City Manager/Clerk Draft Date: 3/21/79 RESOLUTION NO. 1038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING GRANT DEED FROM REED UNION SCHOOL DISTRICT WHEREAS, REED UNION SCHOOL DISTRICT has tendered a grant deed to the City of Tiburon of the real property described in the copy of the Grant Deed attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED that the said tender is hereby accepted, and the City Clerk is authorized to record said Deed, together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on March 21, 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Bass, Rockey, Edelstein NOES: COUNCILMEN: none ABSENT: COUNCILMEN: Hanson ATTEST: RESOLUTION NO. 1037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON SETTING THE DEADLINE FOR CONVERSION BY AFFECTED PROPERTY OWNERS TO THE UNDERGROUND UTILITIES ALONG TIBURON BOULEVARD BETWEEN ROCK HILL ROAD AND SAN RAFAEL AVENUE AND ESTABLISHING THE COMPLETION DATE FOR REMOVAL OF ALL POLES, WIRES, AND OVERHEAD STRUCTURES WITHIN THE UNDERGROUND DISTRICT WHEREAS, in November 1977, the Tiburon City Council designated the area along Tiburon Boulevard between Rock Hill Road and San Rafael Avenue as an Underground Utility District; and WHEREAS, the Tiburon City Code provides that the City Council, in consultation with the affected utilities, shall fix the time within which such removal and utility underground installation shall be accomplished; and WHEREAS, the City Council previously expressed its intent to select a date to be determined as the date upon which affected property owners must be ready to receive underground service; and WHEREAS, the City has previously adopted a Negative Declaration of Environmental Impact in connection with such undergrounding pursuant to CEQA; and WHEREAS, notice of a public hearing was given to all affected property owners and such hearing has been duly and regularly held; and WHEREAS, in September 1978, the City Council adopted Resolution No. 1012 providing for specific underground utility district completion deadlines; and WHEREAS, Section 12-11 of the Tiburon City Code provides that the utility district undergrounding deadlines can be extended by the City for circumstances beyond the control of the utilities and the City Council finds such circumstances to exist; NOW, THEREFORE BE IT RESOLVED: (1) that the City Council of the City of Tiburon does hereby fix May 1, 1979, as the date on which affected property owners withln~he--undergrounding district must be ready to receive undergrounding service; (2) that the City Council of the City of Tiburon does hereby order the removal of all poles, overheaq wires and associated overhead structures and the under- ground installation of wires and facilities for supplying electric, communications and similar or associated service located on the North side of Tiburon Boulevard and within the Underground Utility District by the date of July 1, 1979; (3) that the City Council of the City of Tiburon does hereby --order-'the removal of all poles, overhead wires and associated overhead structures located on the South side of Tiburon Boulevard and within the Underground Utility District on or before the date of January 1, 1980; (4) that Resolution No. 1012, to the extent that it is inconsistent herewith, is hereby superceded; PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Tiburon on March 7. , 1979, by the following vote: -------------~-- AYE S : COUNCI LMEN: Bergsund, Bass, Hanson, Rockey, Edelstein NOES: COUNCI LMEN: None ABSENT: COUNCI LMEN: None If A ~_ ~ . -_._----_._---~-- HAL EDELSTEIN, Mayor City of Tiburon ATTEST: drafted 2/27/79 RESOLUTION NO. 1036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING THE PRECISE PLAN FOR NATIONAL EMERGENCY SERVICES, INC. TO ESTABLISH AN OFFICE ON THE 2ND FLOOR OF 39 MAIN STREET WHEREAS, the Planning Commission of the City of Tiburon has considered a Master Plan and Precise Plan submitted by the National Emergency Services, Inc. to establish an office on the 2nd Floor of 39 Main Street; and WHEREAS, the Planning Commission has adopted Resolution No. 268 recommending approval of the Master Plan and Precise Plan; and WHEREAS, the City Council of the City of Tiburon has reviewed the plan and has found that the use is in conformance with the general intent of the Downtown Plan and with the General Plan of the City of Tiburon; and WHEREAS, the City Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordinance dealing with the PO (Planned Development) Zone; and .WHEREAS, the use will not be detrimental to the downtown area and should result in less intense use of the second floor than the previous occupancy; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tiburon approves a Precise Plan subject to the following conditions: 1. The applicant provide assurance satisfactory to the Department of Community Development that the 5 parking spaces required by the use will be available in perpetuity. 2. The applicant comply with all standards and requirements of the Tiburon Fire Pretection District, as noted in their letter of January 3, 1979 from Dan K. Barber, Lieutenant, Bureau of Fire Prevention. 3. All exterior modifications shall be subject to site plan and architectural review in accordance with Section 11-1 of the Tiburon Zoning Ordinance. 4. The applicant comply with all requirements of the Uniform Building Code and the City Engineer as necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on March 7 1979, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Bergsund, Bass, Hanson, Rockey, Edelstein COUNCILMEN: None COUNCILMEN: None ~~~ HAL EDELSTEIN, Mayor ATTEST: Cierk Date Drafted 2/27/79 RESOLUTION NO. 1035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING $15,400 FOR CONSTRUCTION, DRAt-lINGS AND SPECIFICATIONS FOR TIBURON BLVD. DESIGN IMPROVEMENT FROM MAR WEST TO MAIN STREET WHEREAS, the City of Tiburon is a participant in the Marin County Urban Thoroughfare Program; and WHEREAS, Tiburon Blvd., State Route 131, provides the major access to the City for local traffic; and WHEREAS, the Urban Thoroughfare Committee provides matching funds for proj ects approved by them; and WHEREAS, the City Council has approved the Tiburon Blvd. Design Improvement proposal to be sOOmi tted to the Urban Thoroughfare Cbrrani ttep; and WHEREAS, the City Council has approved $15,400 for a design study of Tiburon Blvd. from Mar West to Main Street~ NOW THEREFORE, BE IT RESOLVED that the City Council of the Ci ty of Tiburon, hereby approves the expenditure of $15,400 for the constructi.on, drawings and specifications of Downtown Tiburon Blvd. from Mar West to Main Street. PASSED AND ADOPTED at.. a regular meeting of the City Council of the City of Tiburon on February 21 , 1979, by the following vote: AYES: NOES: ABSENT: COUNCIIl1EN: COUNCII11EN: COUNCIlMEN: Bergsund, Bass, Hanson, Rockey, Edelstein None None ~~~- HAL EDELSTEIN, Mayor City of Tiburon ATTEST: Drafted 2/15/79 RESOLUTION NO. 1034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ACCEPTING OFFER OF EASEMENT FROM THE BELVEDERE TENNIS CLUB BE IT RESOLVED that the City of Tiburon hereby accepts the offer of dedication of the easement more particularly des- cribed in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on January 17, 1979, by the following vote: AYES: COUNCIL!1EN: Bergsund, Bass, Rockey, Edelstein NOES: COUNCILMEN: None ABSENT: COUNCILMEN Hanson ~L EDELSTEIN, Mayor ATTE~ "' ... ,. KL NER, City M ger/C.. - RESOumON NO. 1033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON AlJIHORIZATION PARTICIPA- TION IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE WHEREAS, the City of Novato desired to undertake a certain project designated the Marin County Major Crimes Task Force to be funded in part from funds made available through the Orrmibus Crime Control and Safe Streets Act of 1968, PL 90-351, as amended, (hereafter referred "to as the Crime Control Act) administered by the Office of Criminal Justice Planning, (hereafter referred to as OCJP); and WHEREAS, OCJP has awarded said Grant as outlined in an application (Exhibit A) for participating cities and the County of Marin; ~TOW, 'IHEREFORE, BE IT RESOLVED that the Tiburon Police Departnent of the City of Tiburon is authorized to participate in the Marin County Maj or Crimes Task Force Grant as awarded by OCJP according to the terms specified in the Joint Powers Agreement; BE IT FURTHER RESOLVED that the participant agrees to provide all matching funds required for said project (including any exten- sion or amendment thereof) under the Crime Control Act and the rules and regulations of OCJP and the Law Enforcement Assistance Administration; and that monies will be appropriated as req uired thereby; BE IT FlJR'rnER RESOLVED that grant funds received hereunder shall not be used to supplant law enforcement expenditures con- trolled by this body. PASSED AND ADOPI'ED at a regular meeting of the Ci ty Council . of the City of Tiburon on January 17, 1979 , 1979, by the fOllaving vote: AYES: NOES: ABSENT : COUNCILMEN: Bergsund, Bass, Rockey, EdelStein COUNCIlMEN: None COUNCIlMEN: Hanson f1{ G~~.~ HAL EDELSTEIN, Mayor Ci ty of Tiburon ATI'EST: "'~~.'--...., Drafted 1/5/79 RESOLUTION NO. 1032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ESTABLISHING A MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in order to promote the development of a stronger, more effective management team and a means of recognizing outstand- ing management performance in all public service areas, and WHEREAS, such program should enhance the professional growth of management personnel and promote a consistently higher level of service to the public, and WHEREAS, such a program would encourage the retention of qualified department heads and supervisory personnel, and strengthen their respective performance, and WHEREAS, management employees shall include the following positions: City Manager Administrative Assistant Chief of Police Director of Community Development Public Works Superintendent Parks & Recreation Supervisor NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tiburon does hereby establish the "Management Recognition and Incentive Compensation Program," effective January/I, 1979, which shall constitute the following items: I. Vacation Leave. In recognition of the fact that many top management personnel are recruited from outside the City, that the average tenure for those management per- sonnel is substantially more than that of non-management personnel, and that at least three (3) years prior exper- ience is required, the following vacation leave policy for management personnel shall be implemented: Management employees shall accumulate vacation leave in accordance with the following vacation time entitlement: Service vlork Days 1 year 3 years 5 years 10 years 15 days 18 days 20 days 25 days (Plus additional day for each year of City Service over 10 years) Upon termination of an employee's service with the -1- Ci,ty, he shall b.e paid a lump sum of all earned vacation not taken providing he has at least 12 months continuous service. Maximum accumulation of vacation leave is 40 work days, which is audited annually on January 1st of each year. Vacation Conversion: Management employees, after one (1) year's service with the City, may request that accrued vacation, not to exceed seven (7) days, be converted to cash payments in any calendar year. Such request may be granted at the discretion of the City Manager and only during the month of December. II. Holidays. The City agrees to provide management, personnel those holidays specified in the Government Code, and those proclaimed by the Governor of the State, the President of the United States, or the Mayor. When a holiday falls on a Saturday, management employees shall receive an additional day of vacation; when a holiday falls on a Sunday, the following Monday shall be observed. Floating holidays may be taken at any time furing the fiscal year with the approval of the City Manager. Floating holidays may not be accumulated and carried forward to the next calendar year. III. Executive Leave. In recognition of the long hours required of personnel at the level of top management, including attendance at numerous meetings outside regular working hours, the following executive leave shall be implemented: Management employees may receive up to ten (10) days Administrative Leave annually, to be awarded at the discretion of the City Manager. Administ~ative Leave should be taken in increments of 1/2 day or more. (When an employee attends a night meeting or is required to work a late evening, he may arrive up to one hour later than the normal beginning working hours the next morning.) IV. Dinner Allowance. All management employees who live beyond the limits of the Tiburon Peninsula and are required to attend night meetings or work after office hours beyond 7:00 P.M., shall be reimbursed in an amount not to exceed $8.00 for the purchase of dinner for that night. This would apply to those non-resident management employees who reside outside a ten-mile radius of the City. Employee reimbursement would be subject to the approval of the City Manager. V. Termination Allowance. In order to foster job security within a professional climate, management employees will be entitled to severance pay when they are discharged from the City service; provided, however, that such employee has been in the employ of the City for at least three years. -2- \, Management employees shall be covered by the following termination allowance schedule: Service Work \veek After 3 years After 7 years After 10 years 2 4 6 These amounts are additional to any accrued vacation leave, unused at the time of termination. The provisions of this section do not apply to any employee discharged for reasons listed in Government Code Section 19572, or any employee who voluntarily resigns from the City service for personal reasons. VI. Vehicle Usage/Allowance. Management employees, to a far greater extent than other City employees, are required to travel throughout the City, County and Bay Area to ful- fill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment requirement, the City shall provide either the use of a City vehicle or automobile allowance as provided in the annual City Budget. Implementation of vehicle usage by City employees shall be in accordance with the City's Administrative Policies and Procedures. VII. Education Leave. In order to promote continued development of skills, knowledge, and abilities among the management team of the City, the City Manager may grant time off to any management employee for education leave. Such leave may be received in order to attend professional, technical, or managerial workshops, courses, conferences, conventions, seminars, or related activities. The cost for attendance at these activities, including travel, expenses, registration, tuition, material, or other related costs or expenditures shall be provided for in the annual City Budget and Administrative Policy. VIII. Professional Membership Fees. Most management personnel are expected to maintain membership in appropriate profes- sional organizations. These memberships serve to acquaint the City with the current programs and procedures in these professional areas by means of publications and specific activities. The City will include the costs of these membership fees in their respective departmental budgets. IX. Medical/Health Insurance Program. Effective January 1, 1979, as an added fringe benefit, a maximum amount of $150 per month will be contributed towards the cost of each eligible management employee's Group Health, Disability, Life and Dental Insurance Plan coverage. X. Salary Adjustments. Each year during budget hearings the City Manager will submit to the City Council recommended salary adjustments for management personnel, except the City Manager's position, to become effective for the sub- -3- sequent fiscal year. These salary adjustments will be based upon fluctuations in the cost of living and upon the prevailing rates of equivalent positions in the County of Marin and State of California. Salary review and evaluation for management employees will occur on an annual basis, and adjustments may be made by the City Manager according to prescribed City policy and within the salary rang~s established for each classification. XI. The provisions of this resolution shall supercede any other previous rules and regulations of the City of Tiburon which may be in conflict herewith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon on January 17 , 1979, by the following vote: AYES: COUNCILMEN: BERGSUND, BASS, ROCKEY, EDELSTEIN NOES: COUNCILMEN: none ABSENT: COUNCILMEN: HANSON ;jA ~A HAL EDELSTEIN, Mayor City of Tiburon ATTEST: R. L. Drafted 1/9/79 -4- \ RESOIlJTION NO. 1031 A RESOLtfrION OF THE CITY COUNCIL OF THE CITY OF TIBURON AUTHORIZING THE MAYOR TO SIGN A LFASE WITH PINE TERRACE HOMEOWNERS ASSOCIATION BE IT RESOLVED by the Ci ty Council of the City of Tiburon that the Mayor is hereby authorized to execute on behalf of the City of Tiburon that certain Lease, a copy of which is attached hereto as Exhibi t "A". PASSED AND ADOPTED at a regular meeting of the City Counci 1 of the City of Tiburon on January 3 , 1979, by the following vote: AYES: COUNCIlMEN: Bergsund, Hanson, Rockey, Edelstein NOES: COUNCIlMEN: None ABSENT: COUNCILMEN: Bass ffi- ? ~ IF HAL EDElSTEIN, Mayor ATIEST: R. Draft Date: 11/30/78