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HomeMy WebLinkAboutTC Res 1981 (May thru November) RESOL urIaN NO. 1188 A RESOL urIaN 0 F THE TOWN CO LNCIL 0 F THE TOWN 0 F T I B LRON DENY I NJ THE REQ LEST FOR AN AVl ENI:M ENT TO THE DOWNTOWN:vt ASTER PLAN 5 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: A. Mr. Kim Knott, applicant, on behalf of j'Vlr. Fred Zelinsky, has submitted a request to amend the Downtown Master Plan to allow an 800 square foot deck extension to an existing deck at 5 Main Street. B. The Planning Commission held a public hearing on this request on October 24, 1981 and recommended denial based on the findings that the use would not be in conformance with the intent of the General Plan nor with the standards of the Planned Development Zone of the Zoning Ordinance. C. The Town Council has received and considered the request for an amendment to the Downtown ,"~ as ter Pl an. D. The Town Council has found the use not to be in conformance with the intent of the General Plan of the Town of Tiburon. E. The Town Council has found the proposed project not to be consistent with the standards required in Section 10-10 (Planned Development Zone). F. The Planning Commission has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101 (e). NOW, THERE FORE, BE IT RESOL'vED tha t the Town Counci 1 deny the amendment to the Downtown!1 as ter Pl an. 18 PASSED AND ADOPTED at a regular meeting of the Town Council on November 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL~fMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson CO LNC I L'v1 EM BERS: None CO UNC I L'v1 fi\1 BERS : No ne ATTES/% d~ j7~ ROOERT L. KLEINERT, Town !1ana Date drafted 10/29/81 ~d. ..,. r-- - KIRK ANSON, .\1ayor Tiburon Town Council RESOLUTION NO. J187 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN AND TENTATIVE MAP FOR THE DEVELOPMENT OF 20 ACRES OFF VIA LOS ALTOS ROAD The Town Council of the Town of Tiburon finds as follows: A. A Precise Plan and Tentative Map have been submitted on behalf of Nana Enterprises for the development of 29 units on certain land owned by it. B. The Precise Plan and Tentative Map are described as follows: 1. Maps identified as Precise Plan and Tentative Map. a. Site Plan - revised 11-18-81. b. Grading Plan - revised 10-27-81. c. Site Details - revised 9/28/81. d. Open Space and Development Areas dated 8/25/81. 2. Letters of application dated August 25, 1981 and September 29, 1981. C. An Environmental Impact Report was prepared by Environmental Impact Planning Corporation for this project and it has been reviewed by the Planning Commission and Town Council. D. The Town Council (Council) and Planning Commission (Commission) have certified the Environmental Impact Report and approved the Master Plan for the project. E. The Council has held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public and from the Commission. F. The Council finds that the facts presented establish that the require- ments of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied. The Council finds that the Precise Plan and Tentative Map, as amended and conditioned herein, conforms to the Town's General Plan as well as other applicable regulations and is in substantial conformance with the approved Master Plan. NmJ, THEREFORE, BE IT RESOLVED that the Town Council hereby approves the Precise Plan and Tentative Map upon the following terms and conditions and as nlOdified herein: 1. There shall be a maximum of 29 lots. 2. All requirements and conditions of the Master Plan except as modified herein whether specified or not shall be met. 3. Applicant shall comply with all applicable subdivision regulations relating to the filing of a Final Map. 4. Applicant shall satisfy the requirements of the Alto-Richardson Bay Fire District as may be required by the District. -2- 5. No Building Permits shall be issued for the construction of any structures until they have received site plan and architectural review. The maximum building size limits as referred to in the Precise Plan are maximum limits only, and may be reduced,and shall be established by the Town upon approval of actual buildings designs for each lot. 6. Applicant shall comply with all conditions and requirements of the Town Engineer. 7. The Declarations of Covenants, Conditions and Restrictions together with all proposed deed and title restrictions (including stipulations as to recognition that unobstructed views cannot be guaranteed) scenic easements and offers of dedication shall be submitted to the Department of Community Development for review and approval by the Town Attorney prior to filing the Final Map. 8. The offer of dedication for the area identified as IIParcel B, 67 acres plus or minus, remainderll on the open space and development areas map dated 8/25/81, shall be in perpetuity and shall be offered to the Town of Tiburon. 9. The water tank and adjacent property as shown on the map entitled IIPrecise Plan and Tentative Map - Site Plan Revised 11/18/8111 shall be offered for dedication to the Marin Municipal Water District. The water tank shall be landscaped with native materials to provide visual screening. The landscaping to be reviewed and approved by Staff. 10. Applicant shall maintain all landscaping shown on the "Precise Plan and Tentative Map Site Plan Revised 11/18/8111 for a period of 3 years including the landscaping at the entrance to the property and the turn- around at the center of the property. An appropriate security acceptable to the Town Attorney to guarantee landscape maintenance shall be posted prior to the filing of the Final Map. 11. No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the building envelopes. In addition, no planting of trees or shrubbery shall be allowed along property boundaries which would have the effect of fencing the property. A note on the Final Map stating the building envelope restrictions shall be provided. The C.C.&R. 's prepared for the development shall also note the building envelope restrictions. 12. Applicant shall offer for dedication the easements for roadway and utility purposes together with the public open space and public open space easement, as shown on the t~ap entitile "Precise Plan and Tentative Map, Site Plan, revised 11/18/8111. All offers of dedication shall be required as a condition of the filing of the first Final Map. 13. The applicant has requested and the Commission and Council acknowledge theintention to file multiple Final Maps based upon the Tentative Map as provided in Section 66456.1 of the Subdivision Map Act of the State of California. Said section provides multiple Final Map to be filed prior to the expiration of the Tentative Map. 14. Lot areas, Building Envelope areas and maximum building size limits shall be generally shown on the attached Exhibit "A". The Town Council shall review and approve the Final Map to determine conformance with Exhibit "A". -3- 15. All parking spaces except those within the boundaries of the residential lots shall be open and available to the general public. No barriers, chains or other devices to restrict parking or private signs to discourage public parking or access shall be allowed unless authorized by the Town of Tiburon. 16. Applicant shall have the opportunity to propose the construction of individual residential units on parcels proposed on the Tentative Map. Dwellings shall be reviewed individually by the Board of Adjustments and Review and need not be planned collectively unless deemed appropriate by the applicant. This condition supercedes Section 2, paragraph 20, of the La Cresta Master Plan. 17. Applicant shall post securities satisfactory to the Town Attorney to secure the improvements to B1ackfie1d Drive in the vicinity of the Cove Shoppin~ Center. Since thp improvements will require the review and approval of the County of rVlarin, securities satisfactory to the Town Attorney shall be posted for a minimum of 2 years from the filing of the Final Map with an opportunity for an extension for an additional two years by action of the Council after review by the County of Marin. 18. Applicant shall comply with all requirements of the Marin Municipal Water District necessary to ensure adequate water pressure as a requirement of filing the first Final Map. 19. The applicant shall construct all public improvements from the entrance to the property to the turnaround as shown on the Precise Plan and Tentative Map, Site Plan, Revised 11-18-81, or post securities satisfactory to the Town Attorney to guarantee their construction prior to the filing of the first Final Map. PASSED AND ADOPTED at a regular meeting of the Town Council held on November 18 , 1981 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson COUNCILMEMBERS: None COUNCILMEMBERS: None _ k-.~ ~.~ K~ Mayor Town of Tiburon ATTEST: RL{!~r/Clerk Town of Tiburon Date drafted: 11-17-81 Date revised: 11-18-81 LA CRESTA PRECISE PLAN AND TENTATIVE l"lAF The Lot Areas, Building Envelope Areas, and Maximum Buildin[ Size Limits, as shown hereon, are approximate only and will be precisely established on the Final Subdivision fJjap. TIlE. Maximum Building Size Limits shall be restricted to the ac- tual square footage of the Building Envelope, or 7000 square feet, whichever is less. Maximum Lot Coverage is limited tc 30% of the lot area. !I- Bll ILDING ENVELOPE MAXIMUl\1 BUILDIr.'~: AREA SIZE LIMIT La'l' Lor]' AREf 1 5,710 5,710 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . I \ ~"J 26 27 28 29 37,970 30,880 28,200 26,580 21,280 20,820 21,090 17,000 5,580 5,580 4,717 4,717 5,406 5,406 5,400 5,400 4,657 4,657 6,240 6,240 6,735 6,735 5,925 5,925 5,664 5,664 4,849 4,849 4,755 4,755 15,780 17,420 14,320 1 7 , 1 50 23,4110 48,000 1 8 , 91 0 5,084 5,084 5,823 5,823 6 , 1 44 6 , 144 7,626 7,000 6,229 6,229 5,532 5,532 7,318 7,000 5,350 5,350 16 , 528 20,930 1 5 , 21 5 21,440 1 3 , 600 1 5 , 520 30,720 48,960 35,040 70,720 51,520 15,410 1 7 , 21 5 39,840 5,934 5,934 7,411 7,000 5,832 5,832 4,614 4,614 10,212 7,000 7 ,104 6,208 6,400 7,763 7,000 6,208 6,400 7,000 txHIB)T HA" fl:00L.UTION=# 1167 RESOLUTION NO. 1186 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN AND TENTATIVE MAP FOR THE AGINS PROPERTY BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Secti on 1. findi ~_. A. A Precise Plan and Tentative Map have been submitted by Donald Agins and Bonnie Agins (applicants) for the development of approximately 5.1 acres of land in the Town of Tiburon. B. The Precise Plan and Tentative Map are described as follows: 1. Map entitled "Agins Precise P1an" dated September 10, 1981, prepared by Anrig-Doy1e, licensed land surveyors. 2. Map entitled "Agins Ridgeview Estates", Tentative r~ap prepared by Hoffman and Albritton, dated September, 1981. 3. Written text consisting of 2 pages entitled "Precise Plan Agins Ridgeview Estates". 4. A Declaration of Covenants, Conditions and Restrictions consisting of 18 pages. 5. Map entitled "Agins Precise Plan, schematic Plan of Trail from Moulin Open Space to Del Madera Open Space", dated November 12, 1981. C. The Planning Commission has reviewed and the Town Council has approved a Master Plan by Ordinance No. 245, amended by Resolution No. 1159. D. An Environmental Impact Report was prepared by Larry Seeman Associates for this project in conjunction with an adjacent project and the E.I.R. has been reviewed by the Planning Commission (Commission) and Town Council (Council). The Council has held duly noticed public hearings for the purpose of reviewing the Precise Plan and Tentative Map and receiving comments and recommendations from the public and from the Planning Commission. E. The Council finds that the facts presented establish that the require- ments of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied. The Commission finds the Precise Plan and Tentative Map as amended and conditioned herein conforms to the Master Plan approved as well as with the Town1s General Plan and other applicable regulations. See ti on 2. ~prova 1 . NOW, THEREFORE, BE IT RESOLVED that the Council hereby approves the Precise Plan and Tentative Map upon the following terms and conditions and as modified herein: -2- 1. The Precise Plan and Tentative Map are amended as set forth in Exhibits A and B, dated "Town Council November 18, 1981". The modifications generally provide for the following: a. The Building Envelope on Parcel 2 shall not extend no farther than the 511 ft. contour (approximate) as show on the Tentative Map or the 220 ft. contour (approximate) as shown on the Precise Plan Map. The distance from the front (southwest) property line as shown on the Tentative Map and Precise Plan to the building envelope shall be no less than 60 ft. on the southeast corner and 56 ft. on the southwest corner. b. The Building Envelope for Lot #1 shall be set back 25ft. from the northwest property line. c. The entry to the garage identified on the Tentative Parcel Map for Lot #2 shall be as shown on Exhibits A and B with a modified entry. d. The southwest line of the Building Envelope on Parcel 3 shall be modified to provide an approximate 25 ft. setback. e. The Building Envelope on Lot #2 will be the area within which all construction including grading and retaining walls will occur. No fences shall be permitted outside the building envelopes of lots #1, #2 and #3 unless the Board of Adjustments and Review finds that the fence is the minimum necessary for reasonable use of the land and the fence will not be injurious to the neighborhood. Fences should utilize transparent or "see-through" construction and fences following property lines shall be discouraged. f. Encroachment may be allowed within the 25 ft. setback on the northwest line of Lot #1 to a maximum of 10 ft. if it is found during review of the residential improvements that the encroach- ment is the minimum necessary for reasonable use of the land and the encroachment will not be injurious to the neighborhood. A note identifying the encraochment and requirements shall appear on the Final Map. g. Grading, retaining walls and paved driveways may be permitted outside the building envelopes of Lots 1 and 3. h. The maximum height within the first (southwest) 30 ft. of the Building Envelope on Lot #2 shall not exceed a height of 15 ft. from a finished floor elevation of 512.5 ft. elevation based on tidal datus ~1.L.L.W. (Hoffman and Albritton Map "Agins Ridgeview Esta tes September, 1981"). Thi s 1 imn:ta ti on s ha 11 be noted on the Final Map. i. Within the first (southwest) 30 ft. of the Building Envelope on Parcel #2, a maximum of 900 sq.ft. of construction will be allowed. A note to that effect shall appear on the Final Map. 2. Applicant comply with all conditions and requirements of the Town Engineer. -3- 3. All reqirements and conditions of the Master Plan except as modified herein, whether specified or not, shall be met. 4. Applicant shall satisfy the requirements of the Tiburon Fire Protection District with the exception of the cu1~de-sac. The location of the cul-de-sac shall be determined prior to recordation of the Final Map after review and approval by the Planning Commission and Town Council. 5. No building nor grading permits shall be issued for any improvements until they have received site plan and architectural review. 6. Construction work shall be permitted only Monday through Friday and only between the hours of 8:00 AM and 5:00 PM unless specifically authorized in advance by the Town Manager in limited special circumstances. 7. The plans submitted, dated November 12, 1981 showing the improvements of the proprosed open space and trail parcel at the northwest portion of the property shall be reviewed and approved by the Parks and Recreation Commission and the improvements or a security satisfactory to ensure the installation shall be submitted for approval by the Town prior to recordation of the Final Map. 8. Noise generating equipment shall not be started before 7:30 AM. 9. All utilities shall be placed undergound and service shall be guaranteed by the agency providing the utilities in writing prior to the recordation of the Final Map. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a regular meeting held on November 18 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCiLMEMBERS: None ABSENT: COUNCILMEMBERS: None ~.d'J KIRK HANSON, MAYOR Town of Tiburon - r~anager /C1 erk Date Drafted: 11/28/81 Date Revised: 12/03/81 RESOLUTION NO. 1185 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RECOGNIZING JERRY LARGHI FOR HIS SERVICE TO THE TIBURON CO~~UNITY WHEREAS, Jerry Larghi served the Town of Tiburon as a Police Officer for seven and one-half years from May 1974 to November 1981; and WHEREAS, during this period of service Jerry Larghi demonstrated outstanding abilities and performed his duties in a manner which brought credit and recognition to both himself and his Department; and WHEREAS, at this point in his career Jerry Larghi has decided to pursue other endeavors and it is wi th much reluctance that the Town accepts his resignation; and WHEREAS, the Town of Tiburon desires that both Jerry and his wife Peggy carry with them the best wishes and enduring friendships of the Town of Tiburon; and ~vHEREAS, the Town of Tiburon would like to properly acknowledge Jerry Larghi for the performance of his duties and overall service to the community. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does hereby recognize and extend its appreciation to Jerry Larghi for his outstanding past service rendered to the Tiburon community and does further wish both Jerry and his family the best of luck and success in the future. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on ~pmhpr lR ,1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNe I Ll"1EMBE RS : None ABSENT: COUNCILMEMBERS: None b du.~~ KIRK flANSOr.t', MAYOR Town of Tiburon ATTEST: R.~~GER/CLERK drafted: 11/13/81 RESOLUTION NO. 1184 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROPOSING A 1981 SPORTS CHALLENGE TO THE CITY OF BELVEDERE WHEREAS, the City of Belvedere and Town of Tiburon met for the first (sporting) time in December 1974 on the Del Mar gridiron; and WHEREAS, the two Tiburon Peninsula agencies competed again during the 1976 Bicentennial festivities in a challenge tug-of-war contest; and WHEREAS, since 1977 the City of Belvedere and Town of Tiburon have competed annually in spirited and scrappy Ayala Day volleyball contests which were later contested, and WHEREAS, the overall challenge match record is now 2-1 in favor of Tiburon and an offer is hereby extended to the City of Belvedere to consider again participating in a suitable sporting contest; the 2nd peninsula Bowl Game; and WHEREAS, in accordance with the rules of proper gamesmanship, a rematch of the December 1974 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 touch-football game, and that a desirable date and location would be Saturday, November 28 at McKegney Green. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 21, 1981 by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Bass NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBER: Rockey ~~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: $a:J/ . R. L.-KLEINERT, TOWN MANAGER/CLERK Drafted: 10/16/81 RESOLUTION NO. 1183 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING Ir~; INJIE~TION TO PUHCHASE A PORTION OF THE LANDS OF THE TIBURON PENINSULA CLUB FOR THE PURPOSE OF MARSH RESTORATION AND PRESERVATION, DRAINAGE IMPROVEMENTS AND OPEN SPACE/WILDLIFE PRESERVATION WHEREAS, use of the portion of the lands of the rriburon Peninsula Club (TPC) commonly referred to as the "Marsh Area" and immediately adjacent portions, for the purposes of marsh restoration and preservation, drainage improvements and open space/wildlife preservation, would provide important benefits to the community, and WHEREAS, these uses and purposes can best be achieved if said portions of land are under Town ownership, and WHEREAS, the Town has received an appraisal of the value of said portions of land from a qualified land appraiser, Charles P. Semple, M.A.I., dated June 9, 1980, in the amount of $45,000. BE IT RESOLVED, that the Town Council hereby declares its intention to enter into a mutual agreement to purchase said portions of land from the TPC for the amount of $45,000 subject to the following: 1. The land to be purchased shall include only those portiops nec~ssary for the purposes described above, lncludlng adjacent areas for land~caping separators and open space buffers, and including the adjacent elevated land between the marsh and Mar West as generally indicated on attachment "A". The exact boundaries shall be as drawn by the Town Engineer, based upon marsh restoration design and plans, and as mutually approved and agreed by the Town and TPC. 2. No buildings or major structures shall be erec~ed on the land to be purchased, nor shall there be any paved parking areas, unless the Town decides to orclvicie a small paved area on the elevated portion of the property for. the purpOse of Marsh restoration. 3. Prior to the transfer of any TPC porperty contemplated herein, the Town shall obtain a soils engineering report from a firm mutually agreed upon by the Town and TPC. The scope and terms of said report shall be mutually agreed upon by the Town and TPC. If, based on an evaluation of such report, either the Town or TPC conclude thaL the performance or maintenance of the marsh may have an adverse impact on the TPC, either the Town may decline to purchase, or take title, or TPC may refuse to sell the property. , ;. -2- 4. Marsh restoration work shall be performed under the direction of the Town Engineer in accordance with the recommendations of the soils report for the location with the best engineering and construction practices, to avoid damage to TPC tennis courts and other property. The cost of repairs for such damage, should it occur, shall be borne by the party at fault. 5. The marsh area when restored shall be screened and separated from the remaining TPC lands by dense vegetation, newly planted, and/or relocated or preserved existing planting as most appropriate. The Town shall take reasonable and necessary steps to ensure that during and after restoration, and Marsh shall not be an attractive nuisance or otherwise constitute a safety hazard to children. 6. During the restoration, under the direction and coordination of the Town Engineer, the TPC, the Town, the Southern Pacific developers and contractors shall cooperate with respect to temporary safety barriers and protections, drainage improvements, temporary marsh spoils stock piling, and construction access, as applicable to remaining TPC properties. If necessary for the construction of these improvements, such cooperation shall include permission for temporary access. The cost of performance of all such tasks shall be borne by the Town or Southern Pacific. 7. Funds for the purchase of this property shall be derived by the Town from those to be contributed by Southern Pacific in accordance with conditions stipulated in the Town's Ordinance and resolution with respect to the Southern Pacific development in downtown Tiburon. If such funds are not available at the appropriate time, the funds shall be obtained from the Town's Open Space Fundi if and when Southern Pacific's contribution for this purpose is received thereafter, it shall be deposited into the Town's Open Space Fund. 8. Other incidental costs shall be allocated as follows: A. To the Town of Tiburon: "1) Town Engineer's drawings and stake outs for the purpose of defining the exact extent of the land to be purchased. 2) Other Town Engineer and Town Staff costs as are undertaken by the Town to protect the Town's interests. 3) Engineering and landscaping professional services, and construction work in conjunction with marsh restoration and preservation, stock piling and removal of ma~sh spoils, drainage improvements, shall be borne either by the Town -3- or Southern Pacific under the Town's direction, as stipuJ"ated in agreements and resolutions related to the Southern Pacific downtown development. 4) Other incidental costs and expenses normally borne by the buyer under established real estate transaction practices shall be paid by the Town. 5) Soils Engineering Report B. To the Tiburon Peninsula Club: 1) Title search and title report. 2) Legal fees and other costs as may be undertaken by the TPC to protect TPC's interests. 3) Should the TPC desire to construct fencing or other barriers or screens alongside the newly established property line, in order to supplement landscaping, berms, or other barriers, separators or screens to be installed around the marsh by the Town, such shall be paid for by the TPC. 4. Other incidental co sts and expenses normally borne by the seller under established real estate transaction practices shall be paid by TPC. BE IT FURTHER RESOLVED, that this action is not contingent or dependent upon other actions related to the closing of Mar West Street or other matters. The Council directs its Lands and Development Committee, the Mayor and appropriate Town Staff to resolve the details of the trans.- action wi th the TPC and wi th the Town Attorney. The Council further authorizes the Mayor to execute respective agreements, subject to this Resolution and the Town Attorney's approvals, provided that a soils report shall be obtained within sixty (60) days from this date, and both the Town and TPC shall have entered, into an agreement within 120 days from this date. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 7 ,1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Ganson NOES: COUNCIU1EMBERS: None ABSENT: COUNCILMEMBERS: Rockey ATTEST: ~tl.... . ...- - KIRK HANSON, ~ffiYOR R. L. RESOLUTION NO. 1182 A RESOLUTION OF THE TOWN COUNCIL OF THE TOvJN OF TIBURON DECLARING ITS POLICY WITH RESPECT TO CLOSING OF A PART OF MAR WEST STREET BE IT RESOLVED, that the Town Council declares its intention as a matter of Town policy, as follows: 1. That a portion of Mar West Street adjacent to the lands of the Tiburon Peninsula Club (TPC) be closed to vehicular through traffic in the future, provided that the conditions and stipulations described herein are met. 2. That said closing take place only after the Town Council determines~ after a trial closing of the street and receiving advice from the appropriate Town Commission and Staff, consultants, and public testimony in public hearings to be held after the trial period, that the closing will not result in any substantial negative impact upon nearby neighbor- hoods and streets. 3. In order to provide the Council with information to reach such findings, the following actions shall be undertaken: a. No later than six (6) months following completion of the Esperanza/Beach Road connection and of sub- stantial completion of the Southern Pacific development (as the term "substantial completion" is defined in the Town's resolutions applicable to said development), the Town shall institute action to commence a trial closing of said portion of Mar West for a period of not less than three (3) months. The conditions of the trial closing of said portion of Mar West shall simulate as closely as possible theoonditions that would exist if the final closing were put into effect. During the trial closing, positive and negative effects shall be evaluated by the Town Engineer and such traffic consultants as the Council and TPC may mutually designate or approve. Such evaluations shall consider, in particular the positive and negative effects on the following: 1) Safety of pedestrians crossing Mar W~t between the two portions of the TPC .recreational areas; 2) related effects upon nearby streets and neighborhoods such as other portions of Mar West, Centro West, Esperanza, Old St. Hilary's Beach Road and Tiburon Boulevard, with particular reference to significant changes in the traffic volume, speeds, hazards, congestion and convenience; -2- 3) fire, police, and other emergency access and response times; 4) access to residences on or connecting to Mar West between TPC and Esperanza (including to the future development on the McNaught property) ; 5) access to the TPC; 6) other criteria as described in attachments to this resolution; 7) other such effects as may become evident at that time. b. Prior to the commencement ,tQfthe trial closing, sufficient base information shall be gathered and measured by the designated traffic consultant to enable valid comparison with the effects after trial closing. 4. At the conclusion of the trial closing, the results of the trial closing shall be tabulated, evaluated, and reported by the designated traffic consultant to the Town Council and Planning Commission at public hearings, at which time the public and other affected agencies may testify as to their evaluations and opinions of the proposed closing. 5. If, based on the above, the Council can make findings that the positive impacts of the closing will substantially outweigh the negative impacts, and the negative impacts, if any, upon adjacent streets and neighborhoods will not be substantially increased, the Council shall take action, in accordance with the advice of the Town Attorney, to permit the closing of.said porti6n of Mar West Street. If the Town Attorney so advises, appropriate actions amending the Town's Circulation Element as may be required Under the California Environmental Quality Act and other State laws shall also be taken at that time. 6. If the Council decides to proceed with such closing, the :following specific conditions shall be applied: a. Only the minimum portion of Mar West necessary to achieve the objectives stated herein shall be closed. b. The TPC shall grant access easements for such portions of its land to the Town as may be necessary for rights-of-ways for related turnarornmcircles. c. Mar West or approved alternate access shall remain open for the through passage of public service and emergency vehicles, pedestrians, public safety, and bicyclists, as well as utilities. -3- d. No buildings, structures or retaining walls over three (3) feet high, tennis courts, pools, or the like shall be permitted within the closed portions of the right-of-way. Impediments to through traffic shall be subject to the approval of the Tiburon Fire Protection District and Town. 7. In consideration of the above, the TPC shall, during the period that Mar West remains closed: a. Permit periodic use by the public of the area known as "Judge Field" for Town sponsored or sanctioned recreational events subject to conditions mutually agreed upon and acceptable to the TPC and the Town. Such use and conditions shall be agreed to prior to the culmination of the actions described herein. b. Permit the passage of the public along a designated pedestrian/nature trail over appropriate portions of TPC lands for the purpose of public walking access connecting the marsh area to the open space areas on the Tiburon Ridge, including appropriate trail sign(s) and markings to indicate where the trail passes over TPC property. 8. The costs for the work described herein shall be allocated as follows: A. To the Town of Tiburon: 1) Modifications of Mar West including turnaround; 2) Town Engineer's engineering services in connection therewith; 3) Other Staff costs undertaken by the Town in connection with the Town's interests; 4) One-half of the costs of the designated traffic consultants. B., To the Tiburon Peninsula Club: 1) Title searches, title reports, easement recordation costs; 2) Additional or altered fire hydrants or connecting lines if required by the Tiburon Fire Protection District; 3) Signs and markings on TPC property in connection with public access and use; 4) One-half of the costs of designated traffic consultant. -4- BE IT FURTHER RESOLVED, that this action is not contingent or dependent upon other actions related to the marsh portions of the TPC lands. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 7 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey L #L. ~ KIRK HANSON, r1AYOR Town of Tiburon ATTEST: ...~- R.~RT' TOWN MANAGER/CLERK Drafted: Revised: 9/9/81 10/8/81 RESOLUTION NO.~ A RESOLUTION OF THE TOWN OF TIBURON ACCEPTING DEED TO WARD PARCEL BE IT RESOLVED that the Town of Tiburon hereby ac- cepts the deed of Edward P. Ward and Audrey P. Ward granting to the Town of Tiburon that certain real property more par- ticularly described in Exhibit "A" attached hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, held on October 7 1981, by the following vote: AYE S : COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey L~ KIRK HANSON, Mayor Town of Tiburon ATTEST: R.~' ~--""'-"""'"""'"-"'- Town Manager/Clerk Drafted: 10/7/81 , , .~ DESCRIPTION ALL THAT CERTAIN real property si tuate in the City of Tiburon, County of Marin, State of California, described below as follows: BEGINNING at a point on the Easterly line of the parcel conveyed by Louise K. Svetinich to the State of California, by Deed recorded September 19, 1960 in Book 1399 of Official Records at page 508, Marin County Records, said point being distant' South 9055'29" West 18.72 feet (called South 10015' West in the above mentioned Deed) from the most Northerly corner of said parcel thence along said Easterly line South 9055129" West 33.11 feet to the boundary line of Parcel 9 in the Lis Pendens issued out of the Superior Court of the State of California in and for the County of Marin, Case No. 34089, recorded April 28, 1961 in Book 1456 of Official Records at page 572, Marin County Records, thence along said boundary line as desc6ibed in said Lis Pendens, Easterly on a curv5 to the right whose center bears S~uth 0 03'36". West 925 feet through an angle of 7 36' 16" an arc length of 122.77 feet to a point of reverse curvature; thence alonru a tangent curve to the left, with a radius of 40.0~ feet, through an angle of 84 03'06", an arc length of 58.68 feet; thence North 13 36'46" East 114.39 feet; thence along a tangent curve to the left with a radius of 20.00 feet o 0 through an angle of 142 33'36" an arc length of 49.76 feet; thence South 51 03'10" West 192.20 feet. '1 __L ..' t .. " St,_t Add,... City & Stat. No"'. 51'_1 Add,... City & Stat. UCO.OING UQUUT(D BY .... AND WHfN IICO.DID MAil TO I I No.... L ~ SPACE ABOVE THIS LINE fOI RECORDEI'S USE MAIL TAX STATEMENTS TO Documentary Transfer Tax $ I J CALlFO~NIA lAND TITlE COMPANY OF MARIN L GRANT DEED EI:MARD P. WARD and AUDREY P. WARD, his wife '\... (GRA:'4TOR . (;RANTORS) fOR A V ALliABLE CONSIDERATION. receipt of which is hereby arkno\O.'ledged, Do IIc.rt>h}' Grunt To CITY OF TlBURJN, a municipal corpJration Ihe rea) property in the City of Tiburon County of l'1arin , Slate of California, d('~nihed a... fo"()ws~ AS PER DESCRIPTION ATI' ACHED D31,.d."..... ST.'. TE OF CALI rORNIA COl'~TY or Ed,'lard P. "lard l , 55. RESOLUTION NO. 1180 A RESOLUTION OF THE TOWN OF TIBURON AUTHORIZING EXCHANGE OF PARCEL NO. 1 REED RANCH ROAD SUBDIVISION FOR WARD PARCEL WHEREAS, the Town of Tiburon owns a parcel of real property more particularly described as Parcel #1, as shown upon that certain Parcel Map entitled "Division of Lands of Town of Tiburon", filed for record in Vol. 19 of Maps at page 70, Marin County Records (Town parcel); and WHEREAS, Edward P. Ward and Audrey P. Ward own a par- cel of real property commonly known as Assessor's Parcel #55- 041-08 (Ward parcel); and WHEREAS, the Town wishes to exchange the parcel it owns, plus the sum of $4,500 cash, for the Ward parcel and the Wards are agreeable to such exchange; and WHEREAS, the Town has previously found, and the Coun- cil hereby finds, that the proposed exchange is consistent with the Town's Open-Space Plan; NOW, THEREFORE, be it resolved that the Mayor is here- by authorized, on behalf of the Town, to transfer the Town par- cel, plus the sum of $4,500, to Edward P. Ward and Audrey P. Ward in consideration of the Wards transferring the Ward parcel to the Town. The Mayor is further authorized to execute the deed and such other documents on behalf of the Town as may be necessary or convenient to effect the transfer herein authorized. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, held on October 7 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey ~ . f I 1.( L ~ KIRK HANSON, Mayor Town of Tiburon ATT/iit~ R. L. KLEINERT, Town Manager/Clerk Drafted: 10/7/81 RESOLUTION NO. 1179 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING AND ENDORSING THE MARIN GOVERNMENT SCHOLAR PROGRAM WHEREAS, the Town Council of the Town of Tiburon recognizes a need for increased public interest, understanding and participation in the affairs of local government, and; WHEREAS, this Council further recognizes that the young voter is more likely to understand andparticipate in the activities of local government and thereby broaden the positive attitudes of the young voter when offered special educational opportunities to do so, and; WHEREAS, this Council is interested in the implementation of a new voter educational program available to local high schools; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon fully endorses and suppports the Marin Government Scholar Program and commends all those taking part in the p::co!]:cam; BE IT FURTHER RESOLVED Lhat the Town Council of the Town of Tiburon will assist the program by a donation of $50.00 to help meet expenses. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of ~iburon on October 7 , 1981, by the following vote: AYEf>: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Rockey V 1/ ~~- KIRK HANSON, MAYOR Town of Tiburon AT'I'EST: /crltt47 R. L. KLEINERT, TO~vN MANAGER/CLL:RK Drafted: 10/2/81 RESOLUTION NO. 1178 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON STATING PRELIMINARY INTENTION TO UNDERTAKE ASSESSMENT PROCEEDINGS FOR GILMARTIN DRIVE ASSESSMENT DISTRICT 81-1 BE IT RESOLVED, by the Town Council of the Town of Tiburon that the purpose of this resolution is to declare the preliminary intention of the Town Council only and shall not under any circumstances be construed as establishing a legal obligation to undertake assessment proceedings. Subject to prior satisfaction of the conditions precedent stated in Paragraph 3 below, it is the present intention of this Council to undertake special assessment proceedings pursuant to the Municipal Improvement Act of 1913, and to provide for issuance of improvement bonds of the Town, pursuant to the Improvement Bond Act of 1915 with respect to acquisition of any necessary property interests, acquisition of earthwork for protection of the proposed public improvements, and the construction and installation of certina public imporvements, all as more fully detailed in the petition for special assessment proceedings, a copy of which is attached hereto as Exhibit A. The proposed proceedings will be initiated, if at all, only upon satisfaction of the following conditions precedent: (a) Filing of executed petitions requesting such proceedings and signed by the legally required number of the owners of the respective parcels of property, together with theusual certificate regarding sufficiency of such petitions. (b) The submission of a legally appropriate map of the proposed boundaries. (c) Completion of the earthwork for protection of the proposed public improvement to the satisfaction of the Town Engineer. (d) Recordation of final parcel maps, final subdivision maps of other maps as required by alw to legally establish each parcel which is to be separately assessed by the proceedings. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 16, 1981 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Edelstein, Rockey, Bass, Hanson None Bergsund ATTEST: lu~ ~~ KIRK HANSON, MAYOR R. L. KLEINERT, TOWN MANAGER/CLERK PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS TO THE TOWN COUNCIL OF THE TOWN OF TIBURON: 1. We, the undersigned, are the owners of land shown on the map attached as Exhibit A and made a part of this document. 2. We petition you to undertake special assessment proceed- ings for the following described public improvement in an area to be known as Gilmartin Drive Assessment District 81-1: Acquisition of earthwork for protection of the proposed public improvements; construction of surface and subsur- face street improvements and utilities, including grading, paving, curbs and gutters, drainage facilities, erosion control, gas mains, electric service, telephone service, TV service, sewer mains, water mains, retaining walls, street lights, landscaping and other improvements as may be required by the Town of Tiburon, from the intersection of Tiburon Blvd. and Gilmartin Drive northeasterly along Gilmartin Drive for a distance of approximately 4,500 feet, the improvement of certain unnamed streets for a distance of approximately 1,750 feet, the improvement of Tiburon Blvd. for a distance of approximately 500 feet, together with certain off-street improvements including sewer mains, drainage facilities and other utilities as deemed" necessary. The acquisition of all necessary interests in real property for the purpose of public right-of-way. Payment of appli- cable connection charges and capacity charges. 3. We understand:. (a) THAT the cost of the L~provement will be charged to the land which benefits from the improvement, including our land; (b) THAT a report will be prepared on the project including plans and specifications, a detailed cost estimate, and a division of the costs among the benefited parcels of land, and that you will conduct a public hearing on the report; .(c) THAT the cost of engineering, legal and other incidental expenses will be included in the project cost; (q) THAT each property owner may pay his assessment either in cash without interest or in installments with interest over a period of years. 4. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code. NAME AND ADDRESS DESCRIPTION OF PROPERTY DATE EXHIBIT A i }-- I . I i i 1 ! I 1 I I I I I I t \ t i i I h__- -: '~ . ....' \-~, . (- .J i'..~.1~' ,;",:_:"-~~~" L,", -~- - ' . -, -- $ ! ~ -, ..... . , ') I I . I I I 1 . I J I' , I ';; , . - - - -- - - .. _:-..:......& . . ' ' " ". I \ I \,-, \ ,/ , I "'~ , I " I~~~'\.''.';~' I _...:1 -- ~ t" '---1-' -~, ~ ~ I P \ .!. - .' I ' .<.' !...,," '" I '. ( . I / ., _r....--::;~ I .' ----~.~.---. --~~-~~ " ... "!' 0. ... !i . f) " ., .' I ( : , -. ~ -. -- ~ ~ ~ :.; " " ,.. II' '~~{1:~ ~) ~ j r., ~ 0 ~ t-,; : -: ~ 8 (; : I :: 'll .~ :r; ~ :: '!', ~ ~I . , .:.~ (J .-;: .- ii' ~ ,} w. ;-.7 ;', -i t)) ~, : 1 .. 'ir ~ I ': ,I. ,., i" t~ tl! $ ... u' ~... \# . ' ,,,,.. '#.,~~ :;~~~:! ~,. ~~~~~~~~~~~~t~ ~ &:s~~~~~s*~~~~ ~ ;l~ _F-fo 'oj. r " ~. !; to,~. -" < J :. ~!. _\['~ I" 1'0 .1 Ii " -4 ~' ~ ~ r: :'~ ~ ,::~:~ r. ~ ~ ,; ~; Ii ,: Of ~ .' :.'l ~ IP r. ~ ~ i ~ !. ::; ~ ~ ~ F ....t:.: ~~1C "'~ OC~.;' i M~.< ..~~ ~ ~i ~ ~ ij' ~ 1-'" ~ ~ { ~ ~ ~ s ~ e " " p .~ ~ ,J ~ , ~~~~~b ij i :! .- ,,1 l~ ~ " ':J. '! ;1 -=. ~ ~:" :~\ l /. P EXHIBIT. A - ... '.-.. ....;. '~ ~: , , ."... ... -~.~ . -'-~ .' . 1 : " ,. .~ I .', .' :'~:;. . .' .. ~."'''' i , .:..:\t? ~ .. ,'1'_ ;, '.j , J . "': \. t ..' .. '.' . . . , . i. ';::;.~;.- . . "'!:.:. "_.~ :-'!'~.-:'-''':' ,. ... . " ',. "; " " . 'r .":' .. '. ; ~.-."'.' ., , . . .. ., ....~ . .. . ; . ~.,;. '" .. .' , .. .' I~' j': ':~:'.:J: ~j ~, - ~ ' . . RESOLUTION NO. 1177 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND PROVIDING CERTAIN ASSURANCES BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Manager is hereby authorized and directed to sign and file, for and on behalf of the Town of Tiburon, an Application for Federal Assistance under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) and any agreements or other documents necessary to secure and receive a grant under said act and a state grant under the Clean Water Bond Law of 1970 and/or 1974 for construction of wastewater treatment works. BE IT FURTHER RESOLVED that the Town of Tiburon hereby agrees and further does authorize the aforementioned representative to certify that if grants for its project are made pursuant to the aforementioned federal and state statutes, it will comply with all applicable state and federal statuatory and regulatory requirements, including but not limited to the Assurances contained in the Federal Grant Application and the State Grant Contract, The Freedom of Information Act, 5 U.S.C. 552 as amended relating to the right of the public to obtain information and records, The National Historic Preservation Act of 1966, U.S.C. 470 et. seq., as amended relating to the preservation of historic landmarks, The Copeland (Anti-Kickback) Act, 18 U.S.C. 874, 40 U.S.C. 276c and the regulations issued thereunder, 29 CFR 3.1 et seq., and The Contract Work Hours and Safety Standards Act, 40 U.S.C. 327 et seq., and the regulations issued thereunder. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 16 ,1981 by the following vote: AYES: NOES: ABSENT: . COUNCILMEMBERS: Edelstein, Rockey, Bass, Hanson COUNCILMEMBERS: None COUNCILMEMBERS: Bergsund .~ k .~- KIRK HANSON, MAYOR Town of Tiburon ATTEST: R. ~~ER/CLERK Drafted: 9/11/81 RESOLUTION NO. 1176 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE CIRCULATION ELEMENT, A PART OF THE GENERAL PLAN OF THE TOWN OF TIBURON WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findi~. (1) Section 65302 of the Government Code of the State of California requires that all General Law cities prepare and adopt a Circulation Element as part of their General Plan. (2) As circumstances change, it becomes necessary from time to time to review and update the Circulation Element of the General Plan based upon changing conditions. (3) A development proposed in the Town of Tiburon is presently in conflict with the Circulation Element of the Town's General Plan. (4) The applicant has requested an amendment to the Circulation Element of the General Plan to make the plan consistent with the plans reviewed by the Town. (5) The Planning Commission and Town Council have reviewed an Environmental Impact Report prepared addressing the modifications to the Circulation Element, specifically the extension of Gilmartin Drive from Tiburon Boulevard to Hacienda Drive. The Planning Commission and Town Council have certified the Environmental Impact Report as complete and have used the report in considering whether an amendment to the Circulation Element of the General Plan is appropriate. (6) The Planning Commission has held a public hearing, considered an amendment to the Circulation Element and has recommended approval to the Town Council. (7) The Town Council has held a public hearing and has reviewed the recommendations of the Planning Commission and the comments of the general public. (8) The Town Council has determined that the Environmental Impact Report prepared for the projects known as the Del Madera and Agins properties is sufficient-to outline the environmental impacts of the modification of the Circulation Element of the General Plan. NOW, THEREFORE, the Town Council of the Town of Tiburon resolves that the Circulation Element be amended as follows: Section V - B, 2. shall read as follows: Roundhill Road presently provides access to the residential area of Mount Tiburon on Rolling Hills. In the event Gilmartin Drive is to be extended, then Roundhi11 Road should not be extended beyond its present terminus except to provide an emergency service connection to an extended Gilmartin Drive. In the event that future conditions make it desirable to convert the emergency access to a full service road, the Town could consider the loop connection of Roundhil1 -2- Road to Gilmartin Drive after reviewing impacts to the circulation system and the effect on the open space, if any. Section V - C, 3. shall read as follows: Gilmartin Drive is presently an unimproved road providing access to a few homes and vacant lots off Tiburon Boulevard between Rockhill Road and Owlswood Road. It also serves as a potential access point for several large parcels in the Middle Ridge area. Gilmartin Drive could be extended in conjunction with new development if careful study is done to ensure minimum disruption of the existing open areas and adequate provisions for pedestrian circulation through the Town-owned open space. The environmental impacts of such an extension should be thoroughly considered because of the existing Town-owned open spaces on the Eavey and RUSD parcels. The emergency service road should be maintained generally along its present alignment leading to the rock and tree parcel. An emergency connection between an extension of Gilmartin Drive and the existing terminus of Roundhill Road should be provided for public safety. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Ti buron on Sentember 16 , 1981 by the fo 11 owi ng vote: AYES: NOES: ABSENT: COUNCILME~1BERS: Edelstein, Roc.key, Bass, Hanson COUNCILMEMBERS: None COUNCILMEMBERS: Bergs und ~~ KIRK HANSON, Mayor Town of Tiburon ATTEST: R~~/Clerk Town of Ti buron Date drafted: 10/10/81 RESOLUTION NO. 1175 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR TIBURON BOULEVARD FROM MAIN STREET TO BEACH ROAD WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town Council of the Town of Tiburon has approved a Master Plan for Tiburon Boulevard, Main Street to Beach Road and has directed the Town Engineer to prepare a Precise Plan. B. The Planning Commission and the Board of Adjustments and Review of the Town of Tiburon have reviewed the Precise Plan and have made recommendations to the Town Council. C. The Town Council has considered the recommendations of the Planning Commission and the Board of Adjustments and Review and has held a public hearing to consider the comments of the public and the Chamber of Commerce. D. The Town Council has found that the Precise Plan is in conformance with the Master Plan and is in conformity with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon. E. The Town Council has made affirmative findings consistent with the standards contained in Section 10-10 of the Tiburon Zoning Ordinance dealing with the PD (Planned Development) District. F. The Town Council has determined the improvements would not be detrimental to the downtown area but will enhance and improve the circulation and appearance of the downtown area. NOW, THEREFORE, the Town Council resolves that the Precise Plan for the area from Main Street to Beach Road be approved. PASSED AND ADOPTED at a regul ar meeti ng of the Town Counci 1 on September 16, 1981, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Edelstein, Rockey, Bass, HatlSOn COUNCILMEMBERS: None COUNCILMEMBERS: Bcrgsund tv-1 JJa-,~ KIRK HANSON, Mayor Town of Tiburon ATTEST: R~~Clerk Town of Tiburon Date drafted: 8-28-81 RESOLUTION NO. 1174 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE TIBURON BOULEVARD DRAINAGE IMPROVEMENTS, STAGE II WHEREAS, the Tiburon Boulevard Drainage Improvements Stage II has been completed satisfactorily. NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the Town Council of the Town of Tiburon subject to any provisions of the contract with D. W. Young Construction, 976 Second Street, Lafayette, California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on SeptembE~r 16 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergsund ~~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: R. (![Z~R/CLERK drafted: 9/11/81 RESOLUTION NO. 1172 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING A REORGANIZATION OF TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION ACT 1. The Marin Local Agency Formation Commission, by Resolution No. 81-25, adopted July 30, 1981, approved said reorganization and designated the Town of Tiburon as the conducting agency for further proceedings. 2. This application was accompanied by written consent signed by all owners of land within the territory proposed for reorganization and the Local Agency Formation Commission authorized the conducing agency to complete further proceedings with waiver of notice, hearing and election requirements. 3. Said reorganization, know as the Paradise Drive Reorganization consists of annexation to the Town of Tiburon. 4. The subject territory which is uninhabited, is located in the County of Marin and is more specifically described in the map and legal description attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED that: A) The Paradise Drive Reorganization is hereby approved and is not subject to any terms and conditions as stipulated by the Marin Local Agency Formation Commission; and, B) The reorganization is proposed for the purpose of providing sanitary sewer services and municipal services; and, C) The Clerk of the Town of Tiburon is hereby directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission of the County of Marin. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Ti buron on September 2 , 1981, by the fo 11 owi ng vote: AYES: NOES: ABSENT: COUNCILMEN: Edelstein, Bergsund, Rockey, Hanson COUNCILMEN: None COUNCILMEN: Bass ~ d---. KIRK HANSON, Mayor Town of Tiburon ATTEST: IIifJ RO - ERT L. KLE INE-RT , Town of Tiburon Town Manager/Clerk Date drafted: 8/26/81 RESOLUTION NO. 1171 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 1981-82 WHEREAS, in 1972 the voters approved the issuance of Open Space Bonds by the Town of Tiburon to acquire certain real property; and WHERAS, an override tax rate for 1981-82 applicable to this bonded indebtedness has been computed by the Marin County Controller's Office; and WHEREAS, the computed tax rate per $100 of full value is $.022 for fiscal year 1981-82, 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 d02s hereby approve the rate of $.022 per $100 of full value as the override tax levy applicable to the Town's 1972 Open Space bond issue for fiscal year 1981-82. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 2 , 1981, by the folluwing vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bass ~ ;L.<---, KIRK HANSON, MAYOR Town of Tiburon ATT~a:v R. L. KLEINERT, Town Manager/Clerk Drafted: 8/20/81 RESOLUTION NO. 1170 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 1032 WHICH ESTABLISHED A MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 1979, the Town Council established and adopted (Resolution No. 1032) a Management Recognition and Incentive Compensation Program, in order to promote the development of a stronger, more effective management team and a means of recognizing outstanding management performance in all public service areas; and WHEREAS, such a program enhances the professional growth of management personnle and promotes a consistently higher level of service to the public; and WHEREAS, such a program encourages the retention of qualified department heads and supervisory personnel, and strengthens their respective performance; and WHEREAS, m~nagement employees are defined to mean the follow- ing positions: TOWN MANAGER DEPUTY TOWN TREASURER CHIEF OF POLICE DIRECTOR OF CO~1UNITY DEVELOPMENT PUBLIC WORKS SUPERINTENDENT PARKS & RECREATION SUPERVISOR NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend Resolution No. 1032 to read as follows: I. Vacation Leave. In recognition of the fact that many top management personnel are recruited from outside the Town, that the average tenure for those management personnel is substantially more than that of non- management personnel, and that at least three (3) years prior experience 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 1 Year 3 Years 5 Years 10 Years Work Days 15 Days 18 Days 20 Days 25 Days (Plus an additional day for each year of Town service over 10 years) Upon termination of a management employees' service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave providing the employee has at least twelve (12) months continuous service with the Town. Maximum accumulation of vacation leave is 40 work days, which is audited annually on January 1st of each year. Vaca tion Convers,ion: Managemen t employees, a fter one ( 1) year's service with the Town, may request their accrued vacation, not to exceed seven (7) days, be converted to cash payment in any calendar year. Such request may be granted at the discretion of the Town Manager and only during the month of December each calendar year. II. Holidays. The Town 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 during the fiscal year with the approval of the Town 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 Town Manager prior to being uti&~zed. Administrative Leave should be taken in increments of 1/2 day or more, and shall be granted in proportion to employees annual utilization of accrued vacation. (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 following day~) 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., be reimbursed in an amount not to exceed $10.00 for the purchase of dinner for that night. This allowance applies to those non-resident management employees who reside outside a ten-mile radius of the Town. Employee reimbursement is subject to the approval of the Town Manager andrnust be accompanied by a restaurant receipt which shall include amount, date, meeting or purpose, and employee's name. -2- 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 Town service; provided, however, that such employee has been in the employ of the Town for at least three (3) years. Management employees shall be covered by the following termination allowance schedule: Service Work Week After 3 Years After 7 Years After 10 Years 2 4 6 This severance pay is in addition 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 Town ser- vice for personal reasons. VI. Vehicle Usage/Allowance. Management employees, to a far greater extent than other Town employees, are required to travel throughout the Town, 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 Town shall provide either the use of a Town vehicle or an automobile allow- ance as provided in the annual Town Budget. Implementa- tion of vehicle usage by Town employees shall be in accordance with the Town'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 Town, the Town 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 and procedure for attendance at these activities, including travel, expenses, registration, tuition, material, or other related costs or expenditures shall be provided for in the annual Town Budget and the Town's Administrative Policy Manual. VIII. Professional Membership Fees. Most management personnel are expected to maintain membership in appropriate profes- sional organizations. These memberships serve to acquaint the Town with the current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the costs of these membership fees in their respective departmental budgets. -3- IX. Medical/Health Insurance Program. As an added benefit, a maximum amount as specified in the Annual Master Salary Program will be contributed to the cost of each eligible management employee's Group Health, Disability, Life and Dental Insurance Plan coverage. X. Sick Leave. Management employees accumulate sick leave as specified by the Town's Personnel Rules and Regulations. Such sick leave can be accrued by Management employees without a maximum limitation, however, the 50% payment upon termination for any unused sick leave remains based upon an unused sick leave total accumulation of not more than one hundred twenty (120) working days. XI. The Provisions of this resolution shall supercede any other previous rules and resolutions of the Town of Tiburon which may be in conflict herewith. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 2, 1981, by the following vote: AYES: COUNCILMEMBERS: Hanson, Bergsund, Edelstein, Rockey NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bass t~~ KIRK HANSON, Mayor Town of Tiburon ATTEST: ~ R. -4- RESOLUTION NO. 1169 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROPOSING A 1981 AYALA DAY SPORTS CHALLENGE TO THE CITY OF BELVEDERE WHEREAS, the City of Belvedere and Town of Tiburon met for the first (sporting) time in December 1974 on the Del Mar gridiron; and WHEREAS, the two Tiburon Peninsula agenc ies competed again during the 1976 Bicentennial festivities in a challange tug-of-war contest; and WHEREAS, since 1977 the City of Belvedere and Town of Tiburon have competed annually in spirited and scrappy Ayala Day volleyball contests which were later contested; and WHEREAS, the overall challenge match record is now even, and an offer is hereby extended to the City of Belvedere to consider again participating in a suitable sporting contest; and WHEREAS, in accordance with the rules of proper gamesmanship, 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 1981, Saturday, September 26th, on Angel Island. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 1981, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ~L-/ KIRK HANSON, MAYOR Town of Tiburon ATTEST: $(e1j/ R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 8/25/81 RESOLUTION NO. 1168 A RESOLUTION OF THE TOWN COUNCIL OF THE TO~m OF TIBURON FIXING THE SALARY OF THE TOWN MANAGER FOR THE FISCAL YEAR,1981-H2 WHEREAS, Chapter 2, Article II, Section 2-7 of the Municipal Code requires that the salary of the Town Manager be fixed by resolution of the Town Council; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does fix the annual salary of the Town Manager for fiscal year 1981-82 at$37,440 PASSED AND ADOPTED, at a regular meeting of the Town Council of the Town of Tiburon on Auqust 19 , 1981, by the following vote: AYES: COUNCILMENBERS: Edelstein, Bergsund, Rockey, Bass Mayor Hanson NOES: COUNCILMENBERS: None ABSENT: COUNCILMEMBERS: None u~ KIRK HANSON, MAYOR Town of Tiburon R. L. KLEINERT, Town Manager Clerk Drafted: 8/14/81 RESOLUTION NO. 1167 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MODIFYING THE APPROVED PRECISE PLAN FOR 82 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town Council of the Town of Tiburon has received and considered the requested modification of the Master Plan and Precise Plan submitted by Jose Romero on behalf of the owner, Fred Zelinsky, to change the hours of operation of the outdoor eating area on the front patio of Romero's Chocolate Shop at 82 Main Street. B. The Town Council has found that the use is in conformance with the general intent of the Downtown Plan and with the General Plan of the Town of Tiburon and the approved Master and Precise Plan for Ark Row. C. The Town Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordinance, dealing with the PD (Planned Development District). D. The use will not be detrimental to the downtown area. NOW, THEREFORE, the Town Council resolves that the Precise Plan be modified, subject to the following conditions: 1. A maximum of six, 24" in diameter tables shall be permitted in front of the chocolate shop. In the event it is determined, after consultation with the Police Chief and Superintendent of Public Works that the tables are interferring with pedestrian traffic, the maximum number of tables may be reduced. 2. The hours of use of outdoor tables for food service shall be temporarily extended to 9:00 a.m. through 9:00 p.m. for a period of six months from and after the date of adoption of this Ordinance; at the end of such six month period, the Town Council shall review this condition and take such further action regarding hours of use of outdoor tables for food service as may be appropriate and necessary in their judgment, and shall determine whether to allow such use as specified herein to continue. 3. The hours of operation of the store, including indoor tables and food service, shall be limited to between the hours of 9:00 a.m. to 11:00 p.m. 4. The items served shall be limited to non-alcoholic beverages, candies, pastries, ice cream, crepes and small sandwiches. 5. No entertainment or amplification shall be provided that will produce noise beyond the boundaries of the property. 6. In the event it is determined that a litter problem is being created by the activity, the Council may direct reconsideration of the use and attach additional conditions or the use may be revoked. -2- 7. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditjonsnfapproval have been met. Staff will report the findings to the Planning Commission. PASSED AND ADOPTED at a regular meeting of the Town Council on Auqust 19 , 1981 by the following vote: AYES: NOES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass Mayor Hanson COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None " / 1/ . / / ..JArx . /' KIRK{.~NStN/, M:;~-r- Town of Ti boron ATTEST: IU~ ROBERT L. KLEINERT, Town Manager/Clerk Town of Tiburon Date drafted: 7-3-81 Date revised: 8-14-81 RESOLUTION NO. 1166 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1981-82 WHEREAS, the Town Council now finds that the proposed Municipal Budget, as amended, provides for all appropriate municipal purposes and services within the current resources and anticipated revenues for fiscal year 1981-82; and NOW, THEREFORE, BE IT RESOLVED, that said budget is hereby approved and adopted as the Municipal Budget for the Town of Tiburon for fiscal year 1981-82, and all expenditures, encumbrances, transfers and appropriations set. forth herein are also approved; and FURTHERMORE, BE IT RESOLVED: that the Town Manager may make adjustments between functions and activities within the budget provided that no increases or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, and provided that no expenditure or encumbrance contingent on contract, agreement, or other engagement requiring approval of the Town Council shall be made until such contract, agreement, or other engagement is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Auqust 5 , 1981, by the following vote: AYES: COUNCILMEMBERS: Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergsund, Edelstein t;;L ~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: KL CLERK ROBERT L. Drafted: 7/28/81 RESOLUTION NO. 1165 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DEL MADERA PRECISE PLAN AND TENTATIVE MAP The Town Council of the Town of Tiburon finds as follows: A. The Precise Plan and Tentative Map have been submitted by Martha McCart-Lombard on behalf of Del Madera Properties, Inc. for the development of 32 units on 50 acres of land bordering Gilmartin Drive, Roundhill Road and Hacienda Drive. B. The Precise Plan is described as follows: 1. Map identified as: a. Grading Plan, Prepared by Rhodes & Gardner, Inc., Revised July 2, 1981 (3 sheets). b. Sanitary sewer and storm drainage plan (3 sheets). c. Common area landscape plan (3 sheets) d. Existing vegetation (1 sheet) e. Master landscape plan dated 5/28/81 (3 sheets). f. Roundhi11 Road emergency access dated 7/2/81 (1 sheet). g. Addendum Exhibit, Precise Plan, revised 7/2/81. 2. Booklets identified as: a. Del Madera Design Manual (26 pages) b. Del Madera Lot Controls: General (33 pages) c. Del Madera Lot Controls: Sola~ (35 pages) d. Del Madera Roadway Treatment & Lighting (7 pages) 3. Report: Geotechnical Investigation site improvements Del Madera Tiburon, California, prepared by Donald Herzog & Associates, Inc. (DH & A Job #997.1) dated June 22, 1981. 4. C.C.&R.'s (20 pages) C. The Tentative Map is described as: follows: a. Map "entitled, Del Madera Project, Tentative Map, dated: Revised 6/22/81. D. An Environmental Impact Report was prepared by Larry Seeman Associates for this project and it has been reviewed by the Planning Commission (Commission) and Town Council (Council). E. The Council has certified the Environmental Impact Report and approved the Master Plan for the project. F. The Council has held duly noticed public hearings for the purpose of reviewing the application, receiving comments and recommendations from the public. -2- G. The Council has considered the Resolution of the Commission recommending approval of the plan. H. The Council finds that the facts presented established that the requirements of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied. The Council finds that the Precise Plan and Tentative Map as amended and conditioned herein conforms to the Town's General Plan as well as with other applicable regulations. I. The Council has considered approving a greater number and lesser number of units than that proposed in the Precise Plan and upon reflection finds that the density outlined in the conditions of approval is appropriate. NOW, THEREFORE, BE IT RESOLVED that the Council hereby approves the Precise Plan and Tentative Map upon the following terms and conditions and as modified herein: 1. Development shall be restricted to a maximum of 32 lots. 2. All requirements and conditions of the Master Plan except as modified herein, whether specified or not shall be met. 3. Applicant comply with all applicable subdivision regulations relating to the filing of a Final Map. 4. Applicant satisfy the requirements of the Tiburon Fire Protection District as may be required by the District. 5. No building or grading permits shall be issued for the construction of any structures until they have received site plan and architectural review. 6. All engineering requirements and standards including but not limited to drainage, grading, soils and traffic shall be subject to review and approval by the Town Engineer. 7. Applicant shall comply with all conditions and requirements of the Town Engineer as stated in his letter to Gary Spratling, Chairman of the Planning Commission dated July 14, 1981. 8. Applicant shall submit improvement plans for the following items as well as such other items that the Town may later require for review and approval by the Planning Commission and Town Council: a. Driveway and parking improvements for lots 1 and3 on the Tentative Map (A-l and A-2 on the grading and land- scape plan) b. Treatment of all retaining walls including proposed materials of construction, landscaping and any other methods of softening the appearance of the retaining walls. -3- c. The provisions for 3 additional parking spaces generally in the vicinity of Lot C-8 as identified on the grading plans prepared by Rhodes and Gardner, sheet 1. 9. The booklet "Del Madera Lot Controls: Solar (35 pages)" is not included as a requirement of the Precise Plan but is intended to serve as a guide for the Board of Adjustments and review and the Homeowners Association. 10. The Declaration of Covenants, Conditions and Restrictions, together with all proposed deed and title restrictions, including scenic easements and offers of dedication shall be submitted to the Department of Community Development for review and app~oval by the Planning Commission, Town Council and Town Attorney prior to filing of the Final Map. 11. Construction work shall be permitted only Monday through Friday and only between the hours of 8:00 AM and 5:00 PM unless specifically authorized in advance by the Town Manager in limited special circumstances. Noise generating equipment shall not be started before 7:30 AM. 12. Access to the construction site for vehicles, construction equipment, and personnel shall be limited to the entrance on Gilmartin Drive or other routes and locations approved in advance by the Town Manager. Construction vehicles shall not use Roundhill Road as an entrance to the project site, unless approved by the Town Manager. 13. Applicant shall show maximum respect for the open space areas during construction. No construction material nor excavation material shall be stored or stockpiled on the Town's existing open space land nor on the serpentine grassland without advance approval of the Town Manager. 14. In order to preserve the unspoiled and natural condition of the site, all excavation and berming shall include the replacement of the original soil and vegetation wherever possible. Import of fill material shall be allowed only with advance approval of the Town Manager. 15. Landscaping as identified on the final approved landscape plan shall be maintained by the applicant not less than three years from and after the date the landscaping has been installed. The Town shall inspect the landscaping at least annually for said period and may require the applicant to make landscaping improvements to conform to the plan as approved. 16. All parking spaces except those within the boundaries of the residential lots shall be open and available for the general public. No barriers, chains or other devices to restrict parking nor private signs to discourage public parking or access shall be allowed unless authorized by the Town of Tiburon. -4- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 5 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Rockey, Bass, Mayor Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergsund ',' ~ KIRK ~N' MAYOR Town of Tiburon ATTEST: iWILV R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 7/31/81 RESOLUTION NO. 1164 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE MAYOR AND TOWN MANAGER TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE TOWN BE IT RESOLVED by the Town Council of the Town of Tiburon that the Mayor and Town Manager/Clerk is hereby authorized to execute on behalf of the Town of Tiburon that certain Cooperative Agreement, a copy of which is attached hereto, between the State Department of Transportation and the Town of Tiburon. Said Agreement is for the installation of certain improvements in conjunction with the State's proposed widening of Highway 131 (Tiburon Boulevard) from Reed Ranch Road to 0.1 mile East of Trestle Glen Boulevard. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Auqust 5 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bergsund P-- d,~fV KIRK HANSON, MAYOR n of Tiburon ATTEST: Drafted: 7/30/81 RESOUTION NO. 1163 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE ANNUAL SALARY PROGRAM FOR THE TOWN OF TIBURON FOR FISCAL YEAR 1981-82 WITHIN THE FRAMEWORK OF THE PERSONNEL SYSTEM WHEREAS, Section 3-3 if 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, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does nereby approve the Annual Salary Program of Fiscal Year 1981-82 composed of thos~'schedules attachel) hereto, effective July 1, 1981, and made a part hereof as follows: 1. SALARY SCHEDULE A - Miscellaneous Employees 2. SALARY SCHEDULE B - Police Employees 3. SALARY SCHEDULE C - Professional/Mid-Management/ Confidential Employees 4. SALARY SCHEDULE D - Mangement Employees 5. SALARY SCHEDULE E - Overtime Rates, Wages for Casual Employees, Mileage Reimbursement and Educative Incentive Pay. 6. SALARY SCHEDULE F - Health and Medical Insurance Program PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 15 , 1981 by the following vote: AYES: COUNCILMEMBERS:Edelstein, Bergsund, Rockey, Bass Hanson NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ~4~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: lifltlLSJ R.L. KLEINERT, TOWN MANAGER/CLERK ....--...-- ,,, , no, RESOLUTION NO. 1162 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING ITS APPRECIATION TO THE TIBURON PENINSULA CHAMBER OF COMMERCE FOR ITS ANNUAL FOURTH OF JULY CELEBRATION WHEREAS, on July 4th, 1981, the Tiburon Peninsula Chamber of Commerce again sponsored and efficiently organized the Third Annual Community Fourth of July Picnic and Celebration at McKegney Green, and WHEREAS, the Tiburon Peninsula Chamber of Commerce not only arranged for beautiful weather, but also provided an outstanding and festive day of good food, drink and activities, and WHEREAS, each year the Fourth of July picnic celebration beomces increasingly more popular as an annual community event that is enjoyed by numerous local residents and friends, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby express its appreciation to the Tiburon Peninsula Chamber of Commerce for this outstanding annual festivity and publicly commends the Chamber of Commerce for their continued public service and many contributions to the Tiburon community. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 15 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None kL~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: 1&lttts7-. R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 1161 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE UPPER ROUNDHILL ROAD SUB-DRAIN AND OVERLAY PROJECT WHEREAS, the Upper Roundhill Road Street improvements consisting of sub-drain and asphalt concrete overlay has been completed satisfactorily, and NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the Town Council of the Town of Tiburon subject to any provisions of the contract with Maggiora & Ghilotti, 1912 Redwood Highway, Corte Madera, California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 15 , 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f:~/ JA0<~- KIRK HANSON, MAYOR TOWN OF TIBURON ATTEST: .) / J'" //1/. / (1 11~~/ R. L. KLEINERT, TOWN MANAGER/CLERK RESOLUTION NO. 1160 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TENTATIVE SUBDIVISION MAP FOR THE CIBRIAN PROJECT NEAR TAYLOR ROAD AND PARADISE DRIVE WHEREAS, Abbass Barzgar on behalf of the Cibrian Trust has submitted a Tentative Subdivision Map for the development of 18.8 acres near the intersection of Paradise Drive and Taylor Road in an RPD-l zone; and WHEREAS, the Town Council has conditionally approved the Master Plan by Ordinance No. 228 N.S.; and WHEREAS, the applicants have submitted a Tentative Subdivision Map to satisfy the requirements of Ordinance No. 228 N.S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby approves the Tentative Subdivision Map as Exhibit "AII, subject to the following conditions: 1. All conditions specified in Ordinance 228 N.S. and Resolution No. 1133, as amended by Ordinance No. 243 N.S. and Resolution No. 1154, shall be met prior to the recordation of the Final Subdivision Map. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a regular meeting held on Julv 1 1981, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass Hanson COUNCILMEMBERS: None COUNCILMEMBERS: None lud~ KIRK HANSON, Mayor Town of Tiburon ATTEST: //// /~~' //! r~--'- I~~/ ' .. ROBERT L. KLEINERT, Town M nager/Clerk Date drafted 6/26/81 RESOLUTION NO. 1159 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXTENSION OF TIME FOR APPROVAL OF AGINS PROJECT RECITALS: 1. Sections 2 and 3 of Paragraph 2 of Ordinance No. 245 N.S. approving the Agins Development Project require applicant to submit a Precise Plan and Subdivision Map to the Town on or before July 10, 1981. The ordinance further provides that these provisions can be amended by Resolution of the Council. 2. Applicants have, by their letter of June 24, 1981, requested the Town to enter into an agreement pursuant to Government Code Section 65957 for the purposes of extending the time limits provided by Government Code Section 65950 for action on their project, and the Town is agreeable. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute a written agreement on behalf of the Town pursuant to Government Code Section 65957 extending the time limits for action on the Agins project for a period of 90 days. The Mayor is further authorized to provide in said agreement for new dates for the submission of the Precise Plan and the Subdivision Map. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 1, 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Rockey, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None {CL~ KIRK HANSON, MAYOR Town of Tiburon ATT .. R. L. KLEINERT, TOWN MANAGER/CLERK Drafted: 6/30/81 AGREEMENT IT IS HEREBY AGREED by and between DONALD AGINS and BONNIE AGINS (Applicants) and the Town of Tiburon (Town) that the time limits provided by Government Code Section 65950 for approval of disapproval of their development project are extended for a period of 90 days, or until November 26, 1981. The provisions of Section 2, paragraphs 1 and 2 of Ordinance No. 245 N.S. are amended to change the dates for submission of the Precise Plan and subdivision Map from July 10, 1981, to September 4, 1981. TOWN OF TIBURON By /(~ ~ KIRK HANSON, MAYOR Dated: APPLICANTS By DONALD AGINS By BONNIE AGINS Dated: RESOLUTION 1158 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TIBURON WEST OFFICE BUILDINGS PRECISE PLAN WHEREAS, the Town Council of the Town of Tiburon finds as follows: A. A Precise Plan has been submitted by Ron Nunn Associates, Inc., on behalf of Moana Corporation for the development of 58,446 sq. ft. of land at the intersection of Mar West and Tiburon Boulevard. B. The Precise Plan is described as follows: 1. Maps entitled sheets 1 and 2, Tiburon West Office Buildings, (proposed site plan), sheet 3, Tiburon West Office Buildings (floor plans and elevations) sheet 4, Tiburon West Office Buildings (Section), all dated March 26, 1981, prepared by Ron Nunn Associates, Inc. Map entitled "Tentative Mapll by Frost, Meglio & Associates, dated March 1981 and map entitled "Proposed Site Plan/Landscape Plan by Tony M. Guzzardo and Associates, revised 29 April 1981." 2. Application for Design Review dated 26 March 1981. C. An Environmental Impact Report was prepared by Larry Seeman Associates for a previous project on part of the site presently under consideration for Master Plan approval. D. The Planning Commission and Town Council (Council) have found that the original E.I.R. prepared and certified for the project is sufficient and no additional E.I.R. need be prepared pursuant to Section 15067 of the California Environmental Quality Act. E. The Planning Commission has held a duly noticed public hearing for the purpose of reviewing the Precise Plan and receiving comments and recommendations from the public and has recommended approved to the Town Council. F. The Council has held a duly noticed public hearing for the purpose of reviewing the Precise Plan and receiving comments and recommendations from the public and Planning Commission. G. The Council finds that the Precise Plan is in substantial conformance with the approved Master Plan. H. The Council finds that the Precise Plan as amended and conditioned herein conforms to the Town's General Plan as well as with other applicable regulations. NOW, THEREFORE, BE IT RESOLVED that the Council hereby approves the Precise Plan with the following terms and conditions as modified herein: 1. Applicant comply with all applicable subdivision regulations. 2. Applicant comply with all conditions and requirements of the Town Engineer, including, but not limited to, those outlined in his letter to the Director of Community Development dated December 29, 1980. 3. Applicant comply with the recommendations outlined in the geotechnical investigation of Don Hillebrandt Associates in the report dated December 11, 1980, except as may be modified by the Town Engineer. 4. All utilities shall be placed underground and service shall be guaranteed by the agency providing the utilities in writing prior to the recordation of the Final Map. 5. Applicant satisfy all requirements of the Tiburon Fire Protection District. 6. Applicant submit all proposed deed and title restrictions (C.C. & R1s) and parking easements to the Department of Community Development for approval by the Town Attorney prior to the filing of the Final Map. The Town shall become a party to the agreements to the extent that they cannot be changed without the consent of the Town. 7. Applicant comply with the requirements and recommendations of the Marsh Committee and the State Department of Fish and Game as they relate to the preservation and enhancement of the marsh and stream proposed in the Precise Plan. 8. Applicant complete and maintain the landscaping and berming as proposed in the Precise Plan. In the event the applicant is unable to secure the approval of Cal-Trans for landscaping and berming in the Tiburon Boulevard right-of-way, the Precise Plan shall be reviewed again by the Board of Adjustments and Review, Planning Commisston and Town Council to determine if an alternate landscape plan is acceptable. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Ti buron held on June 1 7 , 1981 by the fo 11 owi ng vote: AYES: COUNCILMEMBERS: Edelstein, Rockey, Hanson COUNCILMEMBERS: None NOES: ABSENT: COUNCILMEMBERS: Bass, Bergsund ~.~ -~ .... -.., KIR HANSQ, Mayor Town of Tiburon ATTEST: Town Date drafted: 6-12-81 RESOLUTION NO. 1157 A RESOLUTION OF THE TOWN COUNCIL OF THE TO\~ OF TIBURON AUTHORIZING EXECUTION OF AN AGREEMENT FOR TOWN PARTICIPATION IN THE JOINT POWERS AUTHORITY AND CITIES AND COUNTY PARKLANDS BOND FUND COMMITTEE WHEREAS, the electorate of the State of California created the California Parklands Act of 1980 to provide funding for acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, and historical re- sources and preservation purposes; and WHEREAS, certain sections of the Act provide for each county in the State to consult with 'all cities and towns within its borders for the purpose of developing and submitting to the State a priority plan for expenditures that would best serve the recreational needs of most of the people within their respective jurisdictions; and WHEREAS, the County of Marin now desires to establish a Joint Powers Authority and Cities and County parklands Bond Fund Committee, whose purpose is to consider and act upon priority plans brought before it so that the most beneficial expenditure plan can be presented to the State; and WHEREAS, the Town Council of the Town of Tiburon deems such a program to be of great value for the citizens of the Tiburon peninsula in improving recreational and open space lands which further enhance the quality of life on the Tiburon Peninsula; NOW THEREFORE BE IT RESOLVED that the Town of Tiburon does hereby authorize execution of the Agreement creating the Joint Powers Authority and Cities and County Parklands Bond Fund Committee to consider and act upon priority plans brought before it so that the most beneficial expenditure plan can be presented to the State on a timely and proper basis. PASSED AND ADOPTED at a regular Council of the Town of Tiburon on the 1981. meeting of the Town 3rd day of June AYES: COUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ KIRK HANSON, MAYOR Town of Tiburon RESOLUTION NO. 1156 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TENTATIVE MAP FOR THE NORWITT/BRADY PRECISE PLAN WHEREAS, Barbara Norwitt and Dr. H. H. Brady have submitted Master and Precise Plans for development of 1.9 acres of land located in an RPD-2 Zo n e; and WHEREAS, The Town Council has approved the Master Plan by Ordinance No. 221 N.S., and WHEREAS, the applicants have submitted a Tentative Parcel Map to satisfy the requirements of Ordinance No. 221 N.S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby approves the Tentative Map as Exhibit "A", subject to the following conditions: 1. All applicable conditions applied to the Master and Precise Plans shall be similarly applied to the Tentative Subdivision Map. 2. Building envelopes 2, 3, 4, and 5 not be defined at this time but submitted as a single application to be considered by the Board of Adjustments and Review. 3. The applicant utilize flexibility in design to avoid a massive appearance. 4. The story poles for all four proposed units shall be placed on the site at the same time to be viewed by the Board of Adjustments and Review. 5. Building envelopes 1 and 6 be left as shown on the Tentative Map with a 5 foot allowance for minor variations when the homes are designed. 6. The square footage each home is left to the discretion of the Board of Adjustments and Review, with no one unit to exceed 3,000 sq. ft. excluding garage. PASSED AND ADOPTED by the Town Council of the Town of Tiburon at an adjourned meeting held on May 11, 1981, by the following vote: AYES: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Edelstein ATTEST,'Jd.:~"/;i.. . ~,~,~~ fA ./,." / .- R. L. KLEINERT, Town Manager/Clerk Jt;L~ KIRK HANSON, MAYOR Town of Ti buron RESOLUTION NO. ~~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MODIFYING THE CIBRIAN PRECISE PLAN WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Find~. A. A Precise Plan has been submitted by Chahrestani Trust, acting through its representative Abbass Barzgar (Applicant) for the development of an 11 lot subdivision on 18 acres of land off Taylor Road and Paradise Drive. B. The Precise Plan has been approved by the Town Council by the adoption of Resolution No. 1133. C. The Town Souncil deems it appropriate to amend said Resolution to provide for modifications of the conditions of approval. Section 2. Approval. NOW, THEREFORE, the Town Council amends the Precise Plan, Section 2, Approval, by modifying the conditions of approval as follows: A. Condition No.5 will be modified to read as follows: 5. Applicant shall construct to the standards of the Marin Municipal Water District, a 100,000 gallon water tank and piping system as generally identified on drawings prepared by the Marin Municipal Water District which will be sufficient to serve the domestic and fire fighting needs of the neighborhood. The location of the water tank shall be in conformity with the requirements of the Marin Municipal Water District and Town of Tiburon. a. In the event that physical construction of the water tank is delayed and recordation of the Final Map is requested, the following will satisfy the requirements of condition (5): 1. Applicant post cash, bond, or other instrument satisfactory to the Town and Water Uistrict to guarantee the construction of the water tank; and 2. Applicant construct the necessary improvements to guarantee adequate water pressure as set forth in the letter from Ronald Theison, Acting Marin Municipal Water District General Manager, to the Town Engineer. dated June 25, 1980. B. Condition No. 11 shall be eliminated. C. A new Condition No.1 shall be provided to read as follows: Applicant shall have the opportunity to submit a Final Subdivision Map within 2 years of the ap~roval of the Tentative Map. -2- \ PASSED AND ADOPTED the adjourned meeti ng of the Town Counci 1 on May 11 , 1981 by the following vote: AYES: COUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Edelstein ~#-.. KIRK HANSON, Mayor Town of Tiburon ATTEST: .B/lW ROBERT L. KLEINERT, Town Manager/Clerk Date drafted: 5/8/81 Revised: 5/12/81 RESOLUTION NO. 1154 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING ITS INTENTION TO VACATE A PART OF MAR WEST STREET BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby declares its intention to vacate that certain portion of Mar West Street located in the Town of Tiburon, State of California, more particularly described in that cer- tain map on file in the office of the Town Clerk more particu- larly described as: PORTION OF MAR WEST STREET TO BE VACATED - VICINITY OF TIBURON PENINSULA CLUB, TIBURON, CALIFORNIA, APRIL 27, 1981 reference to which is hereby made for further particulars. BE IT FURTHER RESOLVED, that 8: 00 0 I clock P.M. on Wednesday , the 17th day of June , 1981, at the Council Chambers, Room 9, Reed School, Tiburon, California, is fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. BE IT FURTHER RESOLVED, that this Resolution shall be published and posted in the manner prescribed by law for the publishing or posting of ordinances of the Town; and that notice of said street vacation shall be posted conspicuously along the line of the part of Mar West Street proposed to be vacated at least ten (10) days before the date of said hearing. Said notices shall be posted not more than 300 feet apart, at least three (3) such notices shall be posted; and said notices shall state the passage of this resolution of intention and the time and place of the hearing. "PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on~~ 6, 1981, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bergsund, Hanson Rockey, Bass NOES: COUNCILME~~ERS: None ABSENT: COUNCILMEMBERS: -- ATTEST: ~.... .. ?I~J Manager Kleinert TlV"'::.-F+- Tl::.+-,....,. A /~() /Q1