HomeMy WebLinkAboutTC Res 1977 - 1978 (September thru June)
RESOLUTION NO. 999
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON STATING
ITS INTENTION TO PARTICIPATE IN
THE LOCAL AGENCY INVESTMENT FUND
ESTABLISHED BY SECTION 16429.1
OF THE CALIFORNIA GOVERNMENT CODE
WHEREAS the City of Tiburon, California, is a qeneral law
city operating under the California State Government Code and
other applicable state laws; and
WHEREAS the City of Tiburon desires to participate in the
Local Agency Investment Fund established by Government Code
Section 16429.1 et a1;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tiburon that the City Manager and/or Deputy City Treasurer
and/or his successors, upon the advice of the City Treasurer,
may deposit or withdraw money in the Local Agency Investment
Fund in the State Treasury, in accordance with provisions of
Section 16429.1 of the Government Code for the purpose of
investment stated therein.
PASSED AND ADOPTED at a regular meeting of the City Council
of the Ci ty of Tiburon held on June 26 , 1978,
by the following vote:
AYES:
COUNCILMEN: Bass, Bergsund, Rockey, Edelstein
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN:
Hanson
JJ-{ ~
HAL EDELSTEIN, Mayor
City of Tiburon
ATTEST:
Drafted 6/22/78
RESOLUTION NO. 998
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON CREATING A RED
ZONE AT 90 LYFORD DRIVE
BE IT RESOLVED by the City Council of the City of Tiburon to
establish a Red Zone as follows:
Section 1. Red Zone Area.
The following portion of Lyford Drive is hereby defined as a
"No Parking" area and a Red Zone is established and shall be governed by
the provisions of Section 23.1 of the Tiburon City Code:
90 Lyford Drive, extending from the driveway entrance
to a point 20 feet down hill.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on June 26 , 1978, by the following vote:
AYES:
COUNCILMEN: Bass, Bergsund, Rockey, Edelstein
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Hanson
Ick ~~
Hal Edelstein, Mayor
ATTEST:
/!//tdv
R. L. Kleinert, City Manager/City Clerk
Date Drafted~ June 22, 1978
RESOLUTION NO. 997
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON AUTHORIZING
SIGNING AND ENDORSING OF CHECKS AND
OTHER INSTRUMENTS
BE IT RESOLVED AS FOLLOwS:
1. That Home Savings - Tiburon Branch, Civic Federal
Savings and Loan Association - Corte Madera Branch, and the
Bank of America, Tiburon are hereby selected and designated as
the depositories of funds of the City of Tiburon, and that
checking accounts be established and maintained by and in the
name of this City at said banks, upon and subject to such terms
and conditions as the Councilmen hereinafter designated, or
any of them, may from time to time agree upon with said banks,
and
(a) That all checks, drafts and other instruments in the
amount of $250 or less for the payment from said accounts at
said offices be signed on behalf of the City of Tiburon by Robert
L. Kleinert and one of the following: F.G. Knight, or Alan P.
Nadritch, or one of the preceding and one of the following:
Dennis Rockey, Philip B. Bass, Joan Bergsund, Harold Edelstein,
or Kirk Hanson. Payroll checks will be signed by either Robert
L. Kleinert or F.G. Knight, or in their absence, a Councilman.
(b) That any checks, drafts or other instruments for the
payment from said accounts or at said offices be signed on behalf
of the City of Tiburon by F.G. Knight, Robert L. Kleinert, or
Alan P. Nadritch and one of the following: Dennis Rockey, Philip
B. Bass, Joan Bergsund, Harold Edelstein, or Kirk Hanson.
2. That any checks, drafts or other instruments for the pay-
ment of money, endorsed on behalf of the City for deposit with
or collection by said banks, may be endorsed in the name of the
City by written or stamped endorsement, without designation or
signature of the person making such endorsement; and
3. That the City Clerk is hereby authorized and directed
to certify to said banks that this Resolution has been duly
adopted, and is in accordance with this Resolution and the certi-
fication then in effect as above provided for, including any such
instrument drawn or endorsed to the personal order of, or presented
for negotiation or encashment by, any official signing or endors-
ing the same; and
4. That said banks are hereby requested and authorized to
honor, receive, certify or pay any such instrument signed or
endorsed in accordance with this Resolution and the certification
then in effect as above provided for, including any such instru-
ment drawn or endorsed to the personal order of, or presented
for negotiation or encashment by any official signing or endorsing
the same; and
5. That this Resolution and each certification shall remain
in full force and effect, and said banks are authorized and
-1-
requested to rely and act thereon, until they shall receive
at their office to which the certified copy of this Resolution
is delivered, either a certified copy of a further Resolution of
the City Council of the City of Tiburon amending or rescinding
this Resolution or a further certification as above provided for,
as the case may be; and
6. That Resolution No. 982 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on June 26 , 1978, by the
following vote:
AYES: COUNCILMEN: Bass, Bergsund, Rockey, Edelstein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Hanson
,~ r?~
/ " HAL EDELSTEIN, Mayor
City of Tiburon
ATTEST:
Drafted 6/26/78
-2-
RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON ESTABLISHING THE TIME
AND DATE OF MEETINGS OF THE CITY COUNCIL
BE IT RESOLVED AS FOLLOWS:
1. The regular meeting of the City Council of the City of Tiburon,
State of California, shall be held on the first and third Wednesdays of each
month, effective September 6, 1978, at the hour of 7:30 p.m. at the regular
place of meeting, heretofore designated by the City Council through Ordinance,
provided, however, that when any such Wednesday falls on a legal holiday, then
such regular date of meeting shall be held the next business day, not a holiday,
following such legal holiday.
2. Resolution No. 3 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on June 26 , 1978 by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Rockey, Edelstein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Hanson
~~
Hal Edelstein, Mayor
ATTEST:
R. &~ty
~'"".,.'~~
Clerk
Date Drafted: June 23, 1978
RESOLUTION NO. 995
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON AUTHORIZING EXTENSION
OF WORKERS' COMPENSATION JOINT POWERS
AGREEMENT TO INCLUDE LIABILITY INSURANCE
WHEREAS, Section XI of the Joint Powers Agreement of July 1,
1977, among the Cities of Belvedere, Corte Madera, Fairfax,
Larkspur, Mill Valley, Novato, San Anselmo, and Tiburon permits
extension to incorporate pooling of liability insurance; and
WHEREAS, the City of Tiburon has indicated an interest in
participating in extension to liability insurance effective
July 1, 1978, and to execute an addendum to the Joint Powers
Agreement to that effect;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Tiburon does hereby authorize and direct the City
Manager and the Board of Directors of the Marin County Workers'
Compensation Fund to take any and all necessary steps to pre-
pare for extension of the Joint Powers Agreement to pooling
of liability insurance.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on June 12 , 1978, by the
following vote:
AYES:
COUNCILMEN: Bass, Bergsund, Hanson, Rockey, Edelstein
NOES:
COUNCIL~lliN: None
ABSENT: COUNCILMEN: None
JL
;:; . ---
-----
G~
HAL EDELSTEIN, Mayor
City of Tiburon
Drafted 6/7/78
RESOLUTION NO. 994
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON ORDERING
A REORGANIZATION OF TERRITORY
PURSUANT TO THE MUNICIPAL ORGAN-
IZATION ACT.
WHEREAS, the City Council of the City of Tiburon by resolution
adopted by this legislative body, made application to the Marin
Local Agency Formation Commission for approval of a reorganization
proposal; and
WHEREAS, the Marin Local Agency Formation Commission, by
Resolution No. 78-1, adopted March 8, 1978, approved said reorgan-
ization and designated the City of Tiburon as the conducting
agency for further proceedings; and
WHEREAS, this application was accompanied by written consent
signed by all owners of land within the territory proposed for
reorganization and the Local Agency Formation Commission authorized
the conducting agency to complete further proceedings with waiver
of notice, hearing and election requirements; and
WHEREAS, said reorganization, known as the Lowe Reorganization
consists of annexation to the City of Tiburon and also to Sanitary
District No.5; and
WHEREAS, the subject territory which is uninhabited, is located
in the County of Marin and is more specifically described in the
map and legal description attached to this resolution.
NOW, THEREFORE, BE IT RESOLVED that the Lowe Reorganization
is hereby approved and is not SUbject to any terms and conditions
as stipulated by the Marin Local Agency Formation Commission; and
BE IT FURTHER RESOLVED that the reorganization is proposed
for the purpose of providing sanitary sewer services and municipal
services; and
BE IT FURTHER RESOLVED that the Clerk of the City 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 City
Council of the City of Tiburon on May 22, 1978, by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Hanson, Aramburu, Edelstein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
~)~~-
HAL EDELSTEIN, Mayor
City of Tiburon
RESOLUTIUN NU. 993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURUN
AMENDING PROCEDURtS FOR ENVIRONMENTAL IMPACT ~EVIEW
WHERtAS, Section 21082 of the Public Resources Code of the State of California
requires that all public agencies shal I adopt procedures for the evaluation of projects
and the preparation of environmental impact reports pursuant to the Environmental
Quality Act of 1970; and
WHEREAS, pursuant to Section 21083 of the Public Resources Code, the Secretary
of the Resources Agency of the State of California has adopted guidelines for the
implementation of the Environmental Quality Act of 1970; and
WHEREAS, pursuant to said guidelines, the City Council adopted Resolution
No. 664, adopting procedures and guidelines for, and exemptions from, environmental
impact review; and
WHEREAS, the Secretary of the Resources Agency of the State of California,
on January 29, 1978, adopted amended guidelines, which require that the City of
Tiburon revise its existing procedures; and
WHEREAS, the procedures attached hereto as Exhibit A are consistent with
the provisions of said guidelines as amended by the Secretary of the Resources
Agency of the State of California, with the Environmental Quality Act of 1970,
as amended and with Chapter 1200 of the Government Code (AS 884).
NOW THEREFURE, BE IT RESOLVED that the City Council hereby adopts as its
procedures for the evaluation of projects and the preparation of environmental
impact reports pursuant to the Environmental Quality Act of 1970, as amended,
the procedures attached hereto as Exhibit A.
BE IT FURTHER RESOLVtD that the procedures adopted hereln sha1 I supersede
the procedures adopted by Resolution Nos. S87 and 941 except that any project as
to which an environmental impact report has been certffied prior to the date on
which this resolution has been adopted, shall be governed by the procedures adopted
by Resolution Nos. 887 and 941.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Ti buron he 1 d on May 22, , 1978 by the fo 11 owi ng vote:
AYES:
Councilmen: Bass, Bergsund, Hanson, Aramburu, Edelstein
NUES:
ABSENT:
Counei lmen: None
Councilmen: None
~~
( Hal Edelstein
Mayor of the City of Tiburon
:TTIt2~
Draft date: 5/17/78
RESOLUTION NO. 992
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON DISAPPROVING t~STER PLAN
APPLICATION OF SAGAMORE CORPORATION FOR
DEVELOp~mNT OF RED HILL PROPERTY
WHEREAS, SAGM40RE CORPORATION (hereafter Sagamore) is
the owner of two parcels of land consisting of approximately
4.62 acres located on the western slope of Red Hill in the City
of Tiburon and has, heretofore, filed an application for approval
of a Master Plan to construct a development consisting of 43 single-
family residences; and
WHEREAS, the matter was duly noticed and came on for a public
hearing before the City Council on February 15, 1978; and
WHEREAS, the Planning Commission after due deliberation and
consideration of the evidence presented, adopted Planning
Commission Resolution No. 252 in which it disapproved the applica-
tion of Sagamore for approval of the Master Plan which it has
submitted; and
WHEREAS, Sagamore thereafter appealed from the decision of
the Planning Commission and said appeal came on for hearing
before the City Council on May 8, 1978; and
WHEREAS, Sagamore presented such evidence as it had in support
of its application for reversing the decision of the Planning
Commission and the City Staff presented evidence in support of its
position that the decision of the Planning Commission ought to be
affirmed and that the application for approval of the Master Plan
ought to be denied; and
WHEREAS, Sagamore retained court reporter Judith B. Leedy
to report selected portions of the appeal hearing; and
WHEREAS, the property is located in the RMP zoning district;
and
WHEREAS, the average slope of the property is 410; and
WHEREAS, the zoning regulations in the ID1P zone formerly provided
that where the average slope of the parcel exceeds 350, the
minimum lot area per dwelling shall be 14,000 square feet; and
WHEREAS, the maximum number of units which Sagamore could build
on its property under the Tiburon Zoning Ordinance is 14 units; and
WHEREAS, the Land Use Element of the Tiburon General Plan
provides that the area which includes applicant's land ought to be
developed at a low density, not to exceed 4.99 units per acre; and
~VHEREAS, the proposed project has a density of more than
8 uhits per acre; and
WHEREAS, the land owned by Sagamore and which it proposes
to develop presents severe geologic hazards and in 1963 was the
subject of a massive earth slide; and
Draft Date: 5/17/78
WHEREAS, the City Council has heretofore enacted an amend-
ment to the Zoning Ordinance providing for a maximum density
of 3 units per acre for the purpose of eliminating certain
inconsistencies in the zoning ordianance and for the further
purpose of bringing the Zoning Ordinance into conformity with the
Land Use Element of the General Plan; and
WHEREAS, the street pattern proposed would involve extensive
grading and the construction of retaining walls along the entire
slope of Red Hill; and
vVREREAS, the proposed circulation to serve the said 43 units
involves construction of a steep, twisting road running from the
top of Red Hill to Mariner Way at the bottom of the hill similar
to the narrow, winding, serpentine section of Lombard Street
in San Francisco; and
WHEREAS, the proposed circulation would increase traffic
through the narrow neighborhood streets at the top of Red Hill
and result in an unacceptable and unsafe overburdening of said
street; and
WHEREAS, the Tiburon Fire Protection District has advised
that it considers the proposed circulation system unsatisfactory
from a Fire Protection standpoint; and
WHEREAS, the City Council finds that the project, which
proposes a series of semi-detached single-family homes scattered
along the proposed serpentine roadway does not provide adequate
neighborhood transition and is thus an unsuitable type development
in an area which presently contains only conventional type apart-
ment buildings; and
WHEREAS, the City Council is of the opinion that because of
the geologic hazards and visual, aesthetic and environmental con-
siderations, units constructed on the Sagamore site ought to be
clustered; and
WHEREAS, the City Council is well familiar with the site
and the potential impacts which this type of develpment might have
as the result of its having studied other proposed developments
for the area; and
WHEREAS, the City Council, after due deliberation, has
carefully considered the evidence presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tiburon:
1. The City Council makes the following findings:
A. The development proposed by the Master Plan is
violative of the Zoning Ordinance as it existed at the time the
plan was submitted, in that it exceeded the maximum density allowed
on the site by over 300%.
B. The development is inconsistent with the existing
zoning regulations, in that it exceeds the maximum density allowed
on the site by over 300%.
C. The development is inconsistent with the Land Use
Element of the General Plan, in that it exceeds the maximum
density allowed on the site.
Draft Date: 5/17/78
2
J .
D. The circulation proposed by the development is
unsatisfactory from a fire protection standpoint and because
it would unacceptably overburden neighborhood streets.
E. The proposed project would involve unnecessary
and unacceptable grading and retaining wall construction.
F. The proposed project does not provide for
adequate transition and maximum compatibility with adjoining
patterns of development and open space.
G. The density proposed is not compensated for by
surrounding open areas.
H. For the reasons heretofore set forth, the size,
shape and location of the proposed project will unnecessarily
adversely affect neighboring property.
2. For all of the reasons set forth hereinabove, the
City Council hereby disapproves the application of Sagamore
for approval of the Master Plan which it has submitted.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon held on May 22, 1978
by the following vote:
AYES:
COMHISSIONERS: Bass, Bergsund, Hanson, Aramburu,
Edelstein
COMMISSIONERS: None
NOES:
ABSENT:
COI1MISSIONERS None
~~--
HAL EDELSTEIN, Mayor
AT$~ ..
R. L. KLEINERT, City Manager/City Clerk
Draft Date: 5/17/78
3.
RESOLUTION NO. 991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
SUPPORTING THE REVISED ABAG ENVIRONMENTAL MANAGEMENT PLAN
WHEREAS the City Council recognized the need for an effective ABAG
Environmental Management Plan, and
WHEREAS the City Council has previously indicated its concern
regarding the land use controls in the original Environmental Management
Plan, and
WHEREAS the ABAG Environmental Management Plan has now been amended
by deleting the land use control element, and
WHEREAS the City of Tiburon desires to join with the other Marin
agencies in support of the revised Environmental Management Plan, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tiburon does hereby endorse the revised ABAG Environmental Management Plan and
authorized its ABAG representative to vote in support of the Plan at the ABAG
General Assembly on June 10, 1978.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon on May 8, 1978, by the following vote:
AYES: COUNCILMEN: Bergsund, Hanson, Edelstein, Aramburu
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Bass
~~
HAL EDELSTEIN, Mayor
ATTEST:
Robert L. Kleinert, City Manager/City Clerk
RESOLUTION NO. 990
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON CERTIFYING THE SOUTHERN
PACIFIC MASTER PLAN EIR AS COMPLETE AND
IN COMPLIANCE WITH THE CALIFORNIA ENVIR-
ONMENTAL QUALITY ACT
WHEREAS the Planning Commission did require the preparation of an EIR
for downtown development proposal of the Southern Pacific Railroad; and
WHEREAS the Planning Commission has held five public hearings on the
said EIR; and
WHEREAS the Planning Commission has caused a supplement containing cor-
rections and comments to be prepared, and reviewed said supplement on April
19, 1978; and
WHEREAS the Planning Commission of the City of Tiburon has reviewed the
Draft EIR on the Southern Pacific Master Plan and recommended that the City
Council review and certify said EIR and supplement as complete and in com-
pliance with the requirements of the California Environmental Quality Act
as amended; and in so certifying this EIR, the City does not adopt the con-
clusions or make any expressed or unexpressed approval of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tiburon does hereby find that the EIR prepared on the Southern Pacific Master
Plan is adequate and in compliance with CEQA and does hereby certify said EIR.
PASSED AND ADOPTED at a meeting of the Tiburon City Council on May 8,
1978 , by the following vote:
AYES: COUNCILMEN: BERGSUND HANSON ARAMBURU, EDELSTEIN
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: BASS
II,ry r p L--.
~ C_~.e-/{..~/ .
HAL EDELSTEIN, Mayor
City of Tiburon
ATTEST:
\~.~~
\
R.
Drafted 4/19/78
RESOLUTION 989
--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TTBURON
CO~1ENDING BOTH THE ORGANIZATION AND INDIVIDUAL MEMBERS
OF THE MARIN CHAPTER OF ADVENTURE UNLIMITED FOR PUBLIC
SERVICE IN BEHALF OF THE CITY OF TIBURON AND TIlE TIBURON
PENINSULA
WHEREAS, Adventure Unlimited members participated in a volunteer clean-up
project of the Richardson Bay Shoreline on April 29, 1978, and
WHEREAS, Adventure Unlimited members removed 5,819 lbs. of debri.s from
Ri.chardson Bay on April 29, 1978, and
WHEREAS, Adventure Unlimited members performed a public service to the
citizens of Tiburon by selflessly giving their time and energy, and
WHEREAS, Adventure Unlimited members, by actively demonstrating their
concern. for the environment, set an example for all public spirited citizens,
NOt.}', THEREFORE, BE IT RESOLVED that the City Council of the City of
Tiburon does declare its sincere appreciation on behalf of the Tiburon
connnunity for the services performed by Adventure Unlimited to the Tiburon
Peninsula.
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci.ty
of Tiburon on May 8, 1978, by the following vote:
AYE S :
COUNCILMEN: BERGSUND, HANSON, EDELSTEIN
NOES:
COm~CILMEN: NONE
ABSENT: COUNCILMEN: ARAMBURU, BASS
&4AL~~;;--
Mayor
A TT.ES..T.. .~ /.. .....j/~ ,;).,//7 Y. -..-.-'.-~ -----
~. 7.. / ..'.
..~
. /',.f./
, "if":
j// ... /' /C >'
R. L. KLEINERT, City Manager/City Clerk
RESOLUTION NO. 988
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON ACCEPTING GRANT DEED
FROM REED UNION SCHOOL DISTRICT
WHEREAS, REED UNION SCHOOL DISTRICT has offered to
grant to the City of Tiburon the real property described in
the copy of the Grant Deed attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED, that the said offer is
hereby accepted, and the City Clerk is authorized to record
said Deed, together with a certified copy of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon on April 24, 1978, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
/JJ- ~..
HAL EDELSTEIN
Mayor, City of Tiburon
R.
fl'ben recorded mail to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
Application No. .....~~.Q.7.??..~~.~....
REED UNION SCHOOL DISTRICT OF MARIN COUNTY
CALIFORNIA
, the first part Y
, hereby
Grants to
CITY OF TIBURON, a municipal corporation
. the sec ond parLy..........
all that real property situated in the
City of Tiburon
Co un ty
of
Marin
, State of California, and bounded and described as follows:
Attached
./
WITHESS..........~..._................hand .............. this.. .....~.Q..:t.;l:1~..... day IIf .....................................Ap.:r,;i,.J.......................~ 19 J~L...............
:,r:~:r:fo~:".:~.~~:~~.............._......} n.
On rh is .. .. ._.. ...................... .... .... .._...... ........ Jay of ............ .......... .......... .. .............. .... ...... ............ ........ :............... .... .., 19.... .......:.. ........
befOl'~ m~, rh~ und~rsi8n~d. a :'\Olary Public in and for said Counr~', l"ersonal1y app~arrd ..........................................................................
............ .......... .............._ ......................... ..:. ............. .... ................ ...... .............. ........ ........ ........ ................ ...................: .... ............... ..............: known to
m~ to ~ th~ prrson(s) ,,'hos~ nam~(s)............suhscribcJ 10 rhr ",'ilhin ins!rumeO(, and ackno,,'lrd8e<! rhat..........,. ~x~cul~d th~ sam~.
'T:\ESS m~' hand and official !';~al.
iAL)
..~.~~;;):.p-~bi.i~-.i~..;~d 'f;;; ~;~id"C ~.~~;;: '&' 'S~ ~~.;.............. ..........
EX!l i bit
H~
Tn'r oc Prinr. :\;.lm~ of ~OUU)'
MAIL TAX
STATEMENTS TO:
NA"'E
ADDRESS
Z II'
'-Ill
MARIN TITLE GUARANTY COMPANY
t C ~
Dl:SCRIPTION: City of Tiburon - County of Marin - State of California
PARCEL OnE
All the land granted by the Housing Authority of the County of t1arin to
Reed Union School District of l-larin County, described in the Deed
recorded in Book 2285 of Official Records at page 31 and a portion of
the land granted by Campbell Judge and wife to Reed Union School
District, described in the Deed recorded December 29, 1950 in Book 673
of Official Records at page 201, described as follows:
B:CGIUNIUG at a point on the Northeasterly line of Tiburon Boulevard,
the California State High\vay from Belvedere crossing to Tiburon, which.
point bears lJorth 27006' East 50.00 feet from Engineer's Station
229+24.69 on the centerline survey of said highway and shown on the
highway plans; thence FROM the point of beginning, North 62054' Vest
49.77 feet; thence leaving the Northeasterly line alqng a circular
curve to the right, the last preceding course being tangent, v1i th a
radius of 20.00 feet, thru a central angle of 90000', an arc length
of 31.42 feet; thence along the ~angent to the preceding curve,
North 27006' Last 36.14 feet; thence along a circular curve to the
right, the last preceding course being tangent, with a radius of 380
feet, thru a central angle of 3301~', an arc length of 220.41 feet;
thence along a circular curve to the. left, having conunon tangent with
the last preceding curve, with a radi-us of 498 feet, thru a central
angle of 02020', an arc length of 20.28 feet; thence South 82048' East
180.00 feet, north 76029'08" East 42.18 feet and Horth 47054' East
140.48 feet (140.00 feet in the Deed 2285/31) to a point on the
Westerly line of the land described in the Deed to the Reed Union School
District (673/201); thence along said Hester1y line, North 09015'30"
Eilst 174.84 feet and lJorth 15012' East 92.555 feet to the No~therly
point of the last referred to parcel of land; thence along. the Horth-
easterly line of said parcel, South 58050'20" East 121.220 feet; thence
leaving the Northeasterly line, South 00053'21" East 155.170 feet to
a corner post in an existing wire fence; thence along said fence,
South 10045'19" East 35.055 feet, South 17057'3611 \'Jest 47.993 feet,
South 08042'32" \-lest 59.644 feet, South 03005'34" tvest 31.489 .feet;
thence lea vine the fence, South 19036' 3911 t'lest 23. 838 feet"
South 68044'49" \Vest 47.662 feet and South 62050'37" lvest 41.777 feet;
thence along a circular curve to the left, the last preceding course
beine tangent, v1i th a radius of 150.527 feet, thru a central angle of
21052' 13", an arc length of. 57.457 feet; thence along a circular curve
to the right, having common tangent with the last preceding curve, with
a radius of 282.336 feet, thru a central angle of 17021'5211, an arc
length of 85. 567 feet; thence South 69018' 35" \-lest 33. 678 feet (this
course is not; tangent to t~e preceding curve) to a point on the
Westerly line of the lands of the School District (673/201) which
Westerly line is the Easterly line of the land described in the Deed
recorded in Book 2285 of Official Records at page 31; thence along
1 I
..
said Easterly line, South 36058' West 170.00 feet to the Northeasterly
corner of the parcel described in the Deed to Sanitary District No. 5
of l1arin County, recorded September 13, 1962 in Book 1620 of Official
'Records at page 280; thence leaving said Easterly line and alone the
Northeasterly and Northwesterly lines of the last parcel,
l~orth 53002' West 15.00 feet and South 36058' West 20.00 feet to a
point on the Northeasterly line of the parcel described in the Deed to
Sanitary District No. 5 of Marin County, recorded December 20, 1961
in Book 1526 of Official Records at page 322; thence leaving the
Northwesterly line and along the Northeasterly and Northwesterly lines'
of the last parcel, North 53002' "lest 5.00 feet and South 36058' Vlest
40.15 feet to the Northeasterly line of Tiburon Boulevard; thence along
said Northeasterly line on a curve to the left, the center of which
bears South 36010'04" West, with a radius of 1553 feet, thru a central
angle of 09004'04", an arc length of 245.78 feet to the point of
beginning.
PARCEL TvlO
AU EASEMENT, appurtenant to Parcel. One herein, for drainage and sanitary
se\lers, utilities of all kinds, inere.ss and egress for vehicles
(including bicycles) and pedestrians, and for general roadway and
walkway purposes, 50 feet wide, 25 feet on each side of the following
described centerline:
Beginning at a point that is the Easterly corner of the parcel of land
granted to Reed Union School District, recorded December 29,.1950 in
Book 673 of Official Records at page 201, said Easterly corner being
also an angle point with adjacent courses bearing North 31009'40" East
and North 58050'20" Hest; thence FROB the point of beginning, along
the Southeasterly line of said parcel which is also the lJorthwesterly
line of Lyford Driv'e, South 31009'40" \Vest 437.109 feet to the true'
point of beginning; thence FROB the true point of beginning,
North 30021'12" \'lest 54.159 feet; thence along a circular curve to
the right, the last' preceding course being t aneent, with a radi us of
100.00 feet, thru a central angle of 23033'44", an arc length of
41.124 feet; thence along the tangent to the precedinG curve,
North 06047'27" \Vest 52.530 feet; thence along a circular curve to the
left, the last preceding course being tangent, with a radius of 60 feet,
thru a central angle of 44023'40", an arc' length of 46.'490 feet; thence
along the tangent to the preceding curve, North 51011'08" \Vest 164.98
feet to the point of termination.
~.
.
RESOLUTION NO. 987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON ESTABLISHING AND ADOPTING THE OPEN SPACE
MANAGEMENT POLICY. RULES AND REGULATIONS
WHEREAS: The City of Tiburon has prepared an Open Space Management
Policy and Rules and Regulations, and
WHEREAS: Said Open Space Management Policy and Rules and Regulations
are in conformance with the Open Space Element of the General Plan of the
City of Tiburon, and
WHEREAS: The Parks and Recreation Commission of the City of Tiburon
has reviewed, revised and approved the Open Space Management Policy and
Rules and Regulations,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Tiburon does hereby approve and adopt the Open Space ~anagement Policy and
Rules and Regulations dated April 6, 1978 and marked Exhibit "1".
PASSED AND ADOPTED a. t a
regular
meeting of the City Council
held on April 24 , 1978 by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Hanson, Aramburu, Edelstein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN None
4-~
HAL EDELSTEIN, :Mayor
ATTEST:
ROBERT L. KLEINERT, City Ma ager/City Clerk
Draft Date: 4/19/78
RESOLUTION NO. 986
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON SUSTAINING APPEAL FROM
PLANNING COMMISSION OF APPLICATION TO REZONE
TIBURON INVESTMENT COMPANY PROPERTY (Spring Lane)
WHEREAS, TIBURON INVESTMENT COMPANY, a California cor-
poration, wholly owned by the family of Eugene C. Wheary,
has heretofore applied for a rezoning of certain real prop-
erty owned by it, to wit, Assessor's Parcel #58-111-191; and
WHEREAS, the Planning Commission held a public hearing
on January 18, 1978, and denied the application, without
prejudice, for the following reasons:
(a) Development plans have never been submitted for
said property.
(b) The property abuts open space lands and is located
in a transition area.
(c) The property ought not to be rezoned without in-
formation being submitted to the City as to how the property
will be developed under the proposed new zoning; and
WHEREAS, the applicant did appeal the decision to the
City Council and the City Council heard the appeal and re-
ferred the matter back to the Planning Commission on February
27, 1978; and
WHEREAS, further proceedings were had before the Planning
Commission on March 15, 1978, and applicant thereafter again
appealed the Planning Commission's action to the City Council;
and
WHEREAS, the appeal was duly heard by the City Council
on April 10, 1978;
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Tiburon does hereby
sustain the action of the Planning Commission and denies the
application for rezoning without prejudice.
2. While expressing no opinion as to whether the
parcel ought to be rezoned, or if so, to what classification,
the matter is referred back to the Planning Commission for
the purpose of allowing applicant to supplement its application
by adding thereto at least the following information for
consideration by the Planning Commission:
1.
(a) Site survey with topographic contours at not
more than 5 foot intervals.
(b) The proposed lot arrangement indicating the
access of each lot to a public street.
(c) Building envelopes for each proposed lot.
(d) Information regarding utilities for the
proposed lots.
3. In the event applicant fails to amend its applica-
tion as herein suggested within a period of ninety (90) days
from the date hereof, the application shall be deemed abandoned
without prejudice.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon held on April 24, 1978, by
the following vote:
AYES:
NOES:
ABSENT
COUNCILMEN: Bass, Bergsund, Hanson, Aramburu, Edelst
COUNCILMEN: None
COUNCILMEN: /oni ~
P-^~
HAL EDELSTEIN
Mayor, City of Tiburon
2.
RESOLUTION NO. 985
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON SUPPORTING ALL ACTIONS
NECESSARY TO MAKE EQUAL EMPLOYMENT
OPPORTUNITY A REALITY FOR ALL
WHEREAS, it has long been the policy of the City of Tiburon to provide equal employ-
ment opportunity to all persons regardless of race, color, religion, sex, age or
national origin, and
WHEREAS, the City Council by Resolution No. 627 expressed its intent to be an equal
opportunity employer, and
WHEREAS, the City Council strongly reaffirms this policy and declares its firm
commitment to support all actions necessary to make equal employment opportunity a
reality for all, the City Council further declares that the mere prohibition of
discriminatory practices is not enough to achieve this objective. There must be
positive and innovative action to assure that all possible barriers to employment
of members of ethnic minority groups and women are eliminated at all levels of
city government. This includes initiation and continuance of efforts to attract
and assist members of these groups to qualify for employment and advancement
within the City system.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Tiburon hereby
approves the Affirmative Action plan submitted to it by the City Manager. This
plan establishes the responsibility for and the conduct of the City's Affirmative
Action Program. It is the intent of the City Council that management, administrative
and supervisory personnel, at all levels of City Government give the program their
full and unqualified support.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon
held on April 10, , 1978 by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Edelstein, Hanson
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Aramburu
df Cu,~/~
HAL EDELSTEIN, Mayor
RESOLUTION NO. 984
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIBURON ACCEPTING
THE IRVING COURT STREET IMPROVEMENTS
WHEREAS, the Irving Court Street improvements consisting of excavation
for plugging and hauling away spoils; asphalt concrete plugs; curb and gutter,
and approximately 280 S.F. of 6" thick driveway, in place, including removal of
existing and hauling away of material, has been satisfactorily completed, and
NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the City
Council of the City of Tiburon subject to any provision of the contract with
Ghilotti Bros., Inc., 525 Jacoby Street, San Rafael, California.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon on April 10, 1978 by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Edelstein, Hanson
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Aramburu
)L,<~~ [~
HAROLD EDELSTEIN, Mayor
Draft date: April 6, 1978
RESOLUTION NO. 983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ACCEPTING THE CENTRO WEST STREET IMPROVEMENTS
WHEREAS, the Centro West Street improvements consisting of clearing,
grubbing and hauling away of preparatory work; curb and gutter; 4-inch sidewalk;
driveway; excavation and disposal of existing paving; and asphalt concrete in
place, including sand seal, has been satisfactorily completed, and
NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the City
Council of the City of Tiburon subject to any provision of the contract with
Ghilotti Bros., Inc., 525 Jacoby Street, San Rafael, California.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon on April 10, 1978 by the following vote:
AYES:
COUNCILMEN: Bass, Bergsund, Edelstein, Hanson
NOES:
COUNCILMEN: None
ABSENT: COUNCILMEN: Aramburu
Ib ~1
/~{ ~.~~.
, . HAROLD EDELSTEIN, Mayor
ATTEST:
RO
Draft date: April 4, 1978
RESOLUTION NO. 982
RESOLUfION OF THE CITY COUNCIL OF '!HE CITY OF TIBURON
AUTHORIZING SIGNING AND ENDORSING CHECKS AND OTHER
INSTRUMENTS
BE IT RESOLVED AS FOLlDWS:
1. That Home Savings - Tiburon Branch, Civic Federal Savings and Loan Assoc-
iation- Corte Madera Branch, and the Bank of America, Tiburon are hereby selected
and designated as the depositories of funds of the City of Tiburon, and that check-
ing accounts be established and maintained by and in the name of this City at said
banks, upon and subject to such terms and conditions as the Councilmen hereinafter
designated, or any of them, may from time to time agree upon with said banks, and
(a) That all checks, drafts and other instruments in the amount of $250
or less for the payment from said accounts ar at said offices be signed on behalf
of the City of Tiburon by Robert L. Kleinert and one of the following:
F. G. Knight , or Deborah E. Zepnick, or one of the preceding and one of the follow-
ing: Albert Aramburu, Philip B. Bass, Joan Bergsund, Harold Edelstein, or Kirk
Hanson. Payroll checks will be signed by either Robert L. Kleinert or F.G. Knight,
or in their absence, a Councilman.
(b) 'T'hat any checks, drafts or other instruments for the payment from
said aCCOLm-ts..or _at_said nffices be:!53.gned:""O!:l ,oohalfof the City of Tiburon by
F. G. Knight, Robert L. Kleinert, or Deborah E. Zepnick and one of the following:
Albert Aramburu, Philip B. Bass, Joan Bergsund, Harold Edelstein, or Kirk Hansen.
2 . That any checks, drafts or other instruments for the payment of money,
endorsed on behalf of the City for deposit with or collection by said banks,
may be endorsed in the name of the City by written or stamped endorsement, without
designation or signature of the person making such endorsement; and
3. That the City Clerk is hereby authorized and directed to certify to said
banks that this Resolution has been duly adopted, and is in accordance with this
Resolution and the certification then in effect as above provided for, in~luding
any such instrument dravm or endorsed to the personal.order of, or presented for
negotiation or encashment by, any official signing or endorsing the same; and
4. That said banks are hereby requested and authorized to honor, receive,
certify or pay any such instrument signed or endorsed in accordance with this
Resolution and the certification then in effect as above provided for, including
any such instrument drawn or endorsed to the personal order of, or presented for
negotiation or encashment by any official signing or endorsing the same; and
5. That this Resolution and each certification shall remain in full force
and effect, and said banks are authorized and requested to rely and act thereon,
until they shall receive at their office to which the certified copy of this
Resolution is delivered, either a certified copy of a further Resolution of the
City Council of the City of Tiburon amending or rescinding this Resolution or a
further certificc'!tion as above provided for, as the case may be; and
6. That Resolution No. 820 is hereby rescinded.
PASSED AND AIXlPTED at a regular meeting of the City Council of the City of
Tiburon on April 10 , 1978, by the fOllowing vote:
AYES:
COUNCILMEN: Bass, Bergsund, Edelstein, Hanson
NOES:
COUNCIlJ1EN: None
ABSENT: CODNCI LMEN : Aramburu
~~~
OLD EDELSTEIN, MAYOR
ROB
RESOLUTION NO. 981
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIBURON MEMORIALIZING PREVIOUS ACTION
ESTABLISHING THE TIBURON ADVISORY LANDMARK
COMMI TTEE
WHEREAS, the City of Tiburon has heretofore enacted Ordinance 129
N.S. which contained provisions for the establishment of the Tiburon Advisory
Landmark Committee (Committee) and further provided that the Committee was to
be established by a resolution of the City Council; and
WHEREAS, the Council has established said Committee and provided for
the number of persons and terms of office of those persons who were to comprise
said Committee; and
WHEREAS, the Council has heretofore appointed the seven members who
now comprise the Committee, and the Committee has been duly operating and
performing its functions since on or about the date Ordinance 129 N.S. was
enacted; and
WHEREAS, it is now deemed advisable to reduce to writing and memorialize
in the form of a written Resolution the prior action of the Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tiburon as follows:
1. The City Council affirms its prior action whereby it
established the Committee and confirms, ratifies and
approves all of the actions heretofore taken by the
Committee.
2. The Committee shall be composed of seven persons appointed
by the City Council.
3. The terms of the members of the Committee shall be two
years and the terms shall be staggered as established
by Council directive.
4. That the Committee shall elect its own officers and shall
adopt such regulations as it may deem necessary or appropriate
for the conduct of its affairs.
5. The City Manager or his designee shall serve as the staff of
the Committee.
6. The Committee shall submit an annual report of its
activities to the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on March 27 , 1978 by the following vote:
AYES: COUNCILMEN: Bass, Bergsund, Hanson, Edelstein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Aramburu
~~
HAL EDELSTEIN, Mayor
RESOLUTION NO.~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON CERTIFYING THE RESULTS OF THE MUNICIPAL
ELECTION HELD IN AND FOR THE CITY OF TIBURON,
STATE OF CALIFORNIA, ON THE 7TH OF MARCH, 1978
WHEREAS, The City Council of the City of Tiburon did heretofore
order an election to be held within the City of Tiburon on the 7th day of
March, 1978, for the purpose of selecting three (3) City Councilmen to
serve for terms of four (4) years; and
WHEREAS, said election was held pursuant to the requirements of
the Government Code and the Elections Code of the State of California;
WHEREAS, the City Council of the City of Tiburon has, pursuant to
Section 22932 of the Elections Code of the State of California, canvassed
the returns from said election;
NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED AND DECLARED as
fo 110ws :
1. That the whole number of ballots cast in the City of Tiburon in said
election were 1,558 in the precincts and 89 absentee ballots;
2. That the nam es of the persons voted for were:
Dennis Rockey
Kirk Hanson
Catherine F. Ford
Theodore (Ted) Long
Philip B. Bass
Joan Bergsund
3. That the City of Tiburon LOW COST HOUSING MEASURE B voted upon was;
Should the City of Tiburon or any other public agencies
be authorized to assist in the development, construction
and/or acquisition of not more than 12 (twelve) units of
privately sponsored senior citizen rental housing at the
Tiburon School in Tiburon, for low and moderate income
persons, through the use of federal, state or local
financing and/or private financing.
4. That the candidates were each a candidate for one of three (3)
seats to be vacated at the expiration of proper terms as fixed by law;
5. That this Board hereby finds that the number of votes cast in said
election for each candidate for the office of Councilman was as
fo 110ws:
Consolidated Precinct No. 3013: Tiburon Baptist Church
Dennis Rockey 115 Measure B: YES 137
Kirk Hanson 159
Catherine F. Ford 36 NO 113
Theodore H. Long 41
Philip B. Bass 187
Joan Bergsund 184
Consolidated Precinct No. 3014: Tiburon Fire Station #2
Dennis Rockey 131 Measure B: YES 146
Kirk Hanson 113
Catherine F. Ford 74 NO 71
Theodore H. Long 50
Philip B. Bass 118
Joan Bergsund 142
Consolidated Precinct No. 3015: Del Mar School
Dennis Rockey 180 Measure B: YES 241
Kirk Hanson 225
Catherine F. Ford 66 NO 143
Theodore H. Long 109
Philip B. Bass 285
Joan Bergsund 291
-2-
Consolidated Precinct No. 3016: Reed School
Dennis Rockey 166 Measure B: YES 154
Kirk Hanson 139
Catherine F. Ford 37 NO 116
Theodore H. Long 68
Philip B. Bass 153
Joan Bergsund 171
Consolidated Precinct No. 3017: Tiburon Elementary School
Dennis Rockey 170 Measure B: YES 172
Kirk Hanson 190
Catherine F. Ford 62 NO 148
Theodore H. Long 53
Philip B. Bass 205
Joan Bergsund 218
Absentee Ballots:
Dennis Rockey 44 Measure B: YES 52
Kirk Hanson 45
Catherine F. Ford 21 NO 27
Theodore H. Long 12
Philip B. Bass 56
Joan Bergsund 49
6. That the total number of votes cast throughout the City of Tiburon were
as follows:
Dennis Rockey
Kirk Hanson
Catherine F. Ford
Theodore H. Long
Philip B. Bass
Joan Bergsund
806
871
296
333
1,004
1,055
Measure B:
YES
902
NO
618
7. That the following persons are hereby declared to be elected as members of
the City Council of the City of Tiburon for a term of four (4) years:
Kirk Hanson
Philip B. Bass
Joan Bergsund
8. That the City of Tiburon LOW COST HOUSING MEASURE B is hereby declared to have
been endorsed by the following vote:
YES 902
NO 61..8
9. That the City Clerk is hereby directed to cause a certified copy of this
Resolution to be delivered to each candidate.
PASSED AND ADOPTED at a meeting of the City Council of the City of
Tiburon on the 14th day of March , 1978 by the
following vote:
AYES: COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN: Mone
ABSENT: COUNCILMEN: None
ATTEST: .. .
~~~erk
RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
AMENDING RESOLUTION NO. 909 (ESTABLISHING THE ANNUAL
SALARY PROGRAM FOR THE CITY OF TIBURON FOR FISCAL YEAR
1977-78) BY ADDING A NEW POSITION OF POLICE SECRETARY/
DISPATCHER
WHEREAS, Resolution No. 909 of the City of Tiburon does not provide
for the position of Police Secretary/Dispatcher,
NOW, THEREFORE, BE IT RESOLVED that the Annual Salary Program for
fiscal year 1977-78 shall be amended in the following manner:
1. EXHIBIT C - Schedule of Positions and Salaries for
Miscellaneous and Police Employees - shall include
under the section designated "Police" a single
position, Police Secretary/Dispatcher, with a salary
range of $846-$1,028.
2. EXHIBIT C - Schedule of Positions and Salaries for
Miscelleneous and Police Employees - shall provide
for two positions as Clerk/Dispatcher.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on March 13, 1978 by the following vote:
AYES: COUNCILMEN: I'raMburu, Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTESTED:
RO
Draft date: March 8, 1978
RFSOWTION NO. 978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
or TIBPRON CREATING A "NO PA.RKING" ZONE ON
MAR EAST STREIT.
Bt IT RESOLVED by the City Council of the City of Tiburon as follows:
SECTION 1. NO PARKING ARfA
The followinp- portion of Mar Fast Street is hereby defined
and established as a "No Parking" area and shall be governed
by the provisions of Section 23.1 of the Tiburon City Code.
West side of Mar Fast Street extending from the fire hydrant
at Mar East Street and Linda Vista to 125 feet south of that
hydrant.
PASSED AND ADOPTED at a
City of Tiburon on March 13
re~ular meeting of the City Council of the
, 1978, by the fOllowing vote:
AYES: COUNCILMEN: AraMburu, Ellman, Edelstein, Tayer, Ross
NOr.S : COUNCII11EN: None
ABSENT: COUNCIlMEN: None
Draft Date: March q, 1978
RESOLUTION NO. 977
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF TIBURON
APPROVING THE FEDERAL-AID URBAN PROGRAM RECOMMENDED BY
THE MARIN COUNTY URBAN SYSTEM COMMI TTEE
WHEREAS, the City of Tiburon desires to continue to participate
in the Federal-Aid Urban Program for funding approved transportation projects
as authorized by the Federal Highway Act of 1973 and succeeding amendments,
and
WHEREAS, the Federal Highway Act, the State Transportation Board and
the Metropolitan Transportation Commission required that a program of projects
approved for Federal-Aid Urban funding, be established by a Countywide Committee
consisting of representatives from each City, the County, Transit District,
California Department of Transportation, Golden Gate Bridge District, and the
Metropolitan Transportation Commission, and
WHEREAS, the Board of Supervisors has approved procedures for the
Federal-Aid Urban Program and the formation of the Marin County Urban System
Committee, and
WHEREAS, the Marin County Urban System Committee did meet to review
the program and new projects which had been submitted for consideration as part
of a five-year program, and
WHEREAS, the Marin County Urban System Committee did meet to review
the program and new projects which had been submitted for consideration as
part of a five-year program, and
WHEREAS, the Marin County Urban System Committee did approve a five-
year Federal-Aid Urban Program on January 14, 1977;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tiburon does hereby approve the five-year Federal-Aid Urban Program of projects
beginning 1978-79 recommended by the Marin County Urban System Committee as
follows:
Spo~sor/Participant
Project
Estimated
FAU Funds
Caltrans/Golden Gate
Bridge District
Parking facility at Manzanita
$140,000
Caltrans/San Rafael
No. San Pedro Road at Route 101
435,000
Caltrans/San Rafael
Lucas Valley Road at Route 101
820,000
Caltrans/San Rafael
Bellam Blvd. at Routes 17 and 101
640,000
Marin County Transit
District
Bus Turnouts and Bus Stop Benches
207,000
Ca1trans/Marin County
Tiburon Blvd. at Route 101
580,000
Golden Gate Bridge
District
Bus Commuter Parking Lot - Novato
97,000
Caltrans/Tiburon
Tiburon Blvd. at Trestle Glen
1,080,000
-2-
Caltrans/Marin County/
Novato
Ignacio Blvd. at Route 101
1,100,000
Caltrans/San Rafael
Lincoln Ave./Merrydale Rd. at
Route 101
750,000
Novato
Novato Blvd. between Grant Ave.
and Eucalyptus
1,160,000
Golden Gate Bridge
District
Bus Commuter Parking Lot - San
Rafael
161,200
San Anselmo
Sir Francis Drake Blvd. Traffic
Signals
83,000
Mill Valley
Bus Commuter Parking Lots -
Miller Avenue
177,000
Tiburon
Tiburon Blvd. at Lyford Dr.-
Traffic Signals
83,000
Mill Valley
Miller Ave. between Willow St.
and Reed St.
289,000
Marin County
College/Kent Aven. Reconstruction
623,000
BE IT FURTHER RESOLVED that copies of this Resolution be forwarded
to the Board of Supervisors of the County of Marin, the California Department
of Transportation and to the Metropolitan Transportation Commission for
approval as the Marin County Federal-Aid Urban System Program.
PASSED AND ADOPTED at the regular meeting of the City Council of
the City of Tiburon held on the 27th day of February , 1978 by the
following vote:
AYE S :
COUNCILMEN: Aramburu, Edelstein, Tayer, Ellman, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
/"
/ '
///// /' lrJI' .Q ~
~f'I( 'Ai. /, j) . .. ~. /[fX)
v /J~.C#l/T
E. B~uc~R6ss, Mayor
ATTEST: ,'I""""'c
~..1 .;../:# I .../ .,~
/y .'" ',. ,// ,If' . ,
.:-, " J;/ .' '.', . / ~/
IY~/ ':, ,'h , ~~~'. '.,.A'"
ROBERT L. KLEINERT, City Manager/~ity Clerk
;/
RESOLUTION NO. 976
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON AFFIRMING ACTION OF THE TIBURON PLANNING
COMMISSION DENYING APPLICATION FOR USE PERMIT TO
CONVERT 1212 MARINER WAY TO CONDOMINIUMS
WHEREAS: Alfred Rasmussen and Rosa Rasmussen, owners of that certain
5 unit apartment building commonly known as 1212 Mariner Way, Tiburon, Cali-
fornia, and located in the R-3 zoning district, have heretofore and pursuant
to ~ 10-7.1 of the Tiburon Zoning Ordinance applied for a Use Permit to
convert said structure into 5 condominium units; and
WHEREAS: The matter was noticed and duly came on for hearing before the
Planning Commission on December 14, 1977; and
WHEREAS: Applicants presented such evidence as they had in support of their
application and the City staff presented evidence in support of its position that
the application ought to be denied; and
WHEREAS: The Planning Commission after due deliberation carefully considered
the evidence presented, made certain findings in regard thereto and, on the basis
thereof, denied the application; and
WHEREAS: Applicants thereafter appealed the decision of the Planning
Commission to the City Council; and
WHEREAS: The appeal duly came on for hearing at a regularly scheduled
meeting of the City Council on February 13, 1978, at which time applicants
were represented by their attorney, James B. McKenney, Esq., and the proceedings
of the hearings were reported by a Court Reporter at the request of applicants'
attorney; and
WHEREAS: Applicants presented such evidence as they had in support of their
appeal and the City staff presented evidence in support of its position that the
decision of the Planning Commission ought to be sustained; and
WHEREAS: The City Council after due deliberation has considered the action
of the Planning Commission, the record, and the evidence presented at the hearing
on the appeal and has made certain findings in regard thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tiburon
that the City Council makes the following findings:
1. The building which applicants desire to convert was originally con-
structed in 1972 as a 5 unit apartment building and it has served as such
continuously since that time.
2. At all times relevant hereto the property has been located in the R-3
zoning district.
-1-
3. ~ 10-7.1 of the Tiburon Zoning Ordinance provides that a permit to
convert an existing structure to condominium units shall not be issued in the
event the structure fails to conform to existing zoning regulations.
4. The building at 1212 Mariner Way fails to coriform to existing zoning
regulations in the following particulars:
a. The building height is 39.2 feet and as such exceeds the maximum
height limit by 9.2 feet.
b. Lot coverage is 39% which exceeds the maximum allowed in the R-3
zone by 8%.
c. The structure does not meet the side and rear yard set-back re-
quirements.
d. The lot area per dwelling unit is less than the required minimum
lot area for structures in the R-3 zone.
5. The City street policy provides (Resolution 134) that not more than
3 private dwelling units may be served from a private road. The structure at
1212 Mariner Way is served by a private driveway which also serves 2 other
apartment buildings (a total of 15 dwelling units). Conversion of applicants'
building to condominiums, thereby creating 5 new private dwellings to be served
by a private roadway, would violate the City's street policy.
6. Vehicular access and circulation are inadequate.
7. The structure is poorly sited and in too close proximity to the structure
at 1300 Mar West. This circumstance makes conversion to condominiums undesirable.
8. The Tiburon Housing Element of the General Plan expresses the City's
concern lIover the reduction of rental units within the City due to increasing
conversion of rental apartment units into condominiums which are sold. This
practice significantly diminishes the number of dwelling units available as
rentals, and increases the difficulties for moderate income families to remain
in the communityll. The structure in question is located in the immediate
vicinity of numerous other almost identical apartment buildings; and while the
conversion of this single building might not in itself have a serious adverse
impact upon the City's stock of rental units, should the conversion have the
IIdomino effectll which the Council fears it may, thereby creating the impetus and
precedent for other conversions, the cumulative effect would have serious, and
adverse, impact upon the number of rental units available in the City. For
this reason the Council finds that the conversion would vio"late the housing
element of the Tiburon General Plan and further finds that the proposed use is
not properly located in relation to the community as a whole.
9. Viewing the structure, the location, and the site, as a whole, these
units more closely resemble, and are more suitable for, apartment type living
than they are for condomlnium use.
10. The structure does not presently meet the noise standard requirements
for conversion.
11. For the reasons set forth, the site is inadequate in size, shape and
location for the proposed use.
-2-
12. The proposed use will adversely affect abutting property.
13. For all the reasons set forth hereinabove, the action of the Planning
Commission in denying the application is affirmed, and the application is
denied.
PASSED AND ADOPTED at a regular
the City of Tiburon held on February 27
meeting of the City Council of
, 1978, by the following vote:
AYES: COUNCILMEN: Aramburu, Ellman, Edelstein, Ross
NOES: COUNCILMEN: None
ABSENT:
COUNCILMEN: Tayer
/) ..~
/.r" / .8/'.
/ ..; /'. ... .. '. /~' '. '
L~..,.~.,.J. ,/./~... J/"#1. ~~4Y'J
, ..' ~v / vI,...
E. BRU~ RO~', Mayor
I
i.
ATTEST:
/
,,.;>" '
Draft Date: 2-21-78
-3-
RESOLlIl Ior~ UO. 975
A RESOlUT ION OF 1 HE CITY COliNe l_ CH- THE
CITY OF TIBUHON Cor'1r'1ENDINC r)[i; Dr'if; Of~f.]c:rr\L
fvlICH/\lL ~nNFIELD FOR HIS ~;[fur~J T(j iHr CITY
OF T I [;URON
~~HEREAS: J. i\1ichael Winfield has been cmp10yed with the City of Tiburon
for /Tiore than seven months from July 11, 1977 to February 22, 1978; and
WHEREAS: J. Michael Winfield has served the City of Tiburon in a highly
professional manner in cOll1bin;nSJ the de()'irp'; of the Community with the DelJart-
mentis available resources; and
NOWt THEREFORE, BE IT RESOLVED: that on ,J. i1ichael Winfield's resignation
fr'orn the City of TihlJr'on, the Tiburon City CO~lrlcil does declare its sincere
appreciation on behalf of the citizens of T'ihuron for the services of J. r~ichael
\~infield to the City of Tiburon~ and
FURTHERMORE, GE IT RESOLVED: that the Tit)tJro~l City Council hereby publicly
COl1ll1ends J. ~1ichJel \~infield foy' his services.
PASSED AND ADOPTED at a _____!~gu~l!!7"_______ jilt?et i ng of the Ci ty Counci 1 of
the City of Tiburon on ___r:eb~llf!r:Y 27 __ ___, 19n;, by ttle following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Edelstein, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNC I U'1~]~ : Tayer
AIILs1: ,-I /' .''/ ./ .~
//-/: .L//-' . ," \ ",;:1
// vt, er ~,,,/~ ~> ' -:>/
I-fo-[f[Rl--L-~t(nfERt-, City r.fdnager/C{t_ II erk
RESOLUTION NO. 974
A RESOLUTION OF THE CITY COUNCIL or
THE CITY OF TIBURON COMMENDING
LIEUTENANT OF POLICE P. ROBERT KROLA}"
FOR HIS SERVICE TO THE CITY OF TIBUROL
WHEREAS P. Robert Krolak has been employed wi th the Ci t:~.
of Tiburon for more than five years, from June 1972 to Februar~
1978~ and
WHEREAS P. Robert Krolak has served as the Lieutenant o~
Police from November 1975 to February 1978; anc
WHEREAS P. Robert Krolak has served the City of Tiburon by
participating in several police professional development organ-
izations, including as the 2nd Vice President and Secretary of
the California Association of Police Training Officers, and as
the Vice Chairman of the Marin County Police Training Officers
Association; and
WHEREAS P. Robert Krolak, through such participation,
has been instrumental in helping to establish the Tiburon Police
Department as a highly respected professional, efficient, and
effective law enforcement agency; and "
WHEREAS P. Robert Krolak has provided leadership and gui-
dance to members of the Department in all areas of their res-
ponsibilities and professional development; and
WHEREAS P. Robert Krolak has functioned on several occasions
as the Acting Chief of Police and served in such capacity in
an exemplary manner~
NOW, THEREFORE, BE IT RESOLVED that on behalf of the citizens
of Tiburon, this City Council hereby commends and expresses its
appreciation to P. Robert Krolak for his dedication and out-
standing pUblic service to the City of Tiburoni and
BE IT FURTHER RESOLVED that the City Council extends its
best wishes to P. Robert Krolak in his new assignments.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on February 27, 1978, by the following
vo te :
AYES:
COUNCILMEN: Aramburu, Ellman, Edelstein, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Tayer
R.
Drafted 2/23/78
RESOLUTION NO. 973
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON RECOMMENDING INTERIM
SAFETY IMPROVEMENTS TO TIBURON BOULEVARD
IN THE TRESTLE GLEN AREA
WHEREAS, the review of the Environmental Impact Statement
and related documents, as well as engineering and construction,
for the realignment of Tiburon Boulevard (State Highway 131) at
Trestle Glen will require considerable additional time before
completion, and
WHEREAS, substantial hazards to motorists and pedestrians
exist and will continue to exist and increase during this period
of time,
NOW, THEREFORE, BE IT RESOLVED that the City of Tiburon
urges the California Department of Transportation (CAL/TRANS)
to immediately put into effect interim or temporary safety
improvements to this portion of Tiburon Boulevard in order to
provide increased protection to the public during said period
of time.
AND, BE IT FURTHER RESOLVED that representatives of the
City of Tiburon, designated by the Mayor, meet with representa-
tives of CAL/TRANS to discuss the feasibility of possible
improvements.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon on February 13, 1978, by the
following vote:
AYES: COUNCILMEN: Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Aramburu
ATTEST:
Drafted: 2/9/78
Revised: 2/13/78
RESOLUTION NO. 972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
COMMENDING CHIEF OF POLICE MICHAEL M. MANICK FOR HE
SERVICE TO THE CITY OF TIBURON
WHEREAS: Michael M. Manick has been employed with the City of Tiburon
for more than five years, from March 15, 1972 to February 17, 1978; and
WHEREAS: Michael M. Manick has served as Chief of Police for more than
two of those years, from November 15, 1975 to February 17, 1978; and
WHEREAS~ Michael M. Manick has served the City of Tiburon by partici-
pating on the Marin County Drug Abuse Advisory Committee and was instrumental
in developing a grant project to establish the feasibility for county wide
cooperative public safety communications; and
WHEREAS: Michael M. Manick has served the City of Tiburon in a highly
professional manner in combining the desires of the Community with the
Department's available resources; and
WHEREAS: Michael M. Manick has provided the leadership and guidance to
establish the Tiburon Police Department as a highly respected professional,
efficient and effective law enforcement agency;
NOW THEREFORE, BE IT RESOLVED: that on the eve of Michael M. Manick's
resignation from the City of Tiburon, the Tiburon City Council does declare
i~ sincere appreciation on behalf of the citizens of Tiburon for the services
of Michael M. Manick to the City of Tiburon; and
FURTHERMORE, BE IT RESOLVED: that the Tiburon City Council hereby
publicly commends Michael M. Manick for his services.
PASSEB AND ADOPTED: at a regular meeting of the City Council of the
City of Tiburon on February 13, 1978, by the following vote:
AYES: COUNCILMEN: Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN None
ABSENT: COUNCILMEN Aramburu
~
ROBERT L. KLEINERT, ~lerk
RESOLUTION NO. 971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON ADOPTING THE LAND USE ELEMENT OF THE
TIBURON GENERAL PLAN
WHEREAS: The City of Tiburon has caused to be prepared a Land Use
Element of the Tiburon General Plan as required by Section 65302 of the
Government Code of the State of California, and
WHEREAS: The Planning Commission of the City of Tiburon has reviewed
said elemented and has found it to be in conformance with the requirements of
the Government Code and applicable ordinances of the City of Tiburon, and has
recommended its adoption by Planning Commission Resolution No. 248.
WHEREAS: The City Council of the City of Tiburon has held two public
hearings, on December 12, 1977 and January 23, 1978 on the Land Use Element, and
has reviewed the element and the Planning Commission findings.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of
Tiburon does hereby adopt as part of its General Plan the Land Use Element,
dated January 19, 1978, consisting of .16 pages, an Appendix consisting of a
Survey of Existing Land Use, and two maps, entitled Existing Land Use and General
Plan Land Use.
PASSED AND ADOPTED: at a regular
of the City of Tiburon held on January 23
meeting of the City Council
, 1978 by the following vote:
AYES: COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
e/
/"
// ,.,'
,/ /:i /- /'J
/': A /,/
,":." / . ,. ./
.' ",. // "L..
'/ .4/ 4",/1 '/ /<<I('./~. /l
L/;/:'-C Z (/ v 7 (/ 1/ ~J
E. BRUCE ~ ' Mayor
Ci ty of Tl ron
ATTEST:
draft date: 1/17/78
RESOLUTION NO. 970
A RESOLUTION OF THE CITY OF TIBURON DECLAKING
A PUBLIC NUISANCE AND ORDERING ITS AHATEMENT.
WHEREAS: Pursuant to Section 38773 of the Government Code of the
State of California, the City of Tiburon did adopt Ordinance No. 59 to pro-
vide for the summary abatement of any nuisance and establishing procedures
therefore, and;
WHEREAS: It has been found that an illegal third unit exists upon
certain property located at 2211 Mar East described as A.P. # 59-143-24, and;
WHEREAS: The aforementioned unit is detrimental to the pUblic health,
safety and welfare of the citizens of Tiburon, in that the unit violates the
Zoning Ordinance of the City of Tiburon (No.9 N.S.) and the unit is in violation
of the Tiburon General Plan's Housing Element, and;
WHEREAS: The owners of the subject property have not evidenced any
inclination to abate the unit voluntarily by removing the kitchen facilities.
NOW, THeREFORE, BE IT RESOLVED: That the City Council of the City of
Tiburon finds and does declare that the third unit on that certain property
located at 2211 Mar East described as A.P. # 59-143-24 is a public nuisance, and
does order that the Building Official abate the sUbject nuisance not later than
June 30, 1978, and further,
THAT the City Council of the City of Tiburon does order that the costs
of the abatement will be assessed upon the above described property and shall
constitute a lien upon such property until paid.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on January 23 ..' 1978 by the following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
ATTEST:
RESOLUTION NO. 969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
ADOPTING THE PROVISIONS OF ~l094.6 OF THE
CODE OF CIVIL PROCEDURES REGARDING JUDICIAL
REVIEW OF ADMINISTRATIVE DETERMINATIONS
WHEREAS, ~l094.6 (g) of the Code of Civil Procedure
provides that ~l094.6 shall be applicable to local agencies
only if the governing board adopts a resolution making that
section applicable; and,
WHEREAS, it is in the best interests of the City of
Tiburon to adopt such a resolution, thereby establishing time
limits for judicial review of any administrative decision of
the City of Tiburon and establishing the manner in which a
record of the proceedings shall be prepared;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF TIBURON that the provisions of ~1~G94.6 of the
Code of Civil Procedure are hereby made applicable to the
City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon on
January 23
, 1977, by
the following vote:
AYES:
Councilmen: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES:
Councilmen: None
ABSENT:
Councilmen: None
Ut ->-)
,it' ",,"'- .." r
I ") > " /' "_>
/ .. /~f/ / / ~"fj 1CrYe)
E. BRU OSS, Mayor
City Tiburon
R.L. Clerk
Draft Date: 12/29/77
RESOLUTION NO. 968
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF
TIBURON APPROVING THE APPLICATION AND THE PROJECT
AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID
FUNDS FOR LYFORD'S TOWER PROJECT
WHEREAS, the Congress under Public Law 89-665 has authorized the
establishment of a National Historic Preservation Grants-in-Aid Program,
providing matching funds to the State of California and its political sub-
divisions for historic preservation, survey, planning, development and
acquisition projects, and
WHEREAS, the State Department of Parks and Recreation is responsible
for the administration of the program within the State, setting up necessary
rules and procedures governing application by local agencies under the program;
and
WHEREAS, said adopted procedures established by the State Department
of Parks and Recreation require the applicant to certify by Resolution the
approval of applications and the availability of local matching funds prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Tiburon hereby:
1. Approves the filing of an application for the National
Historic Preservation Grants-in-Aid assistance for the
Restoration of Lyford's Tower project; and
2. Appoints the Tiburon Heritage Advisory Committee in conjunc-
tle~with City Dtaff, as agent of the City of Tiburon
to coordinate and process all ancillary documents within
the scope of the attached application, and authorizes
said agent to execute on behalf of the City of Tiburon
the attached PROJECT AGREEMENT; and
3. Agrees that all required local matching funds will be
provided for the project.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on January 9, 1978, by the following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES:
COUNCILMEN: None
/;
ABSENT: COUNCILMEN: Nane
ATTEST:
R. L. KLEINERT, City Manage ICity Clerk
Draft date: January 4, 1978
RESOLUTION NO. 967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIBURON ACCEPTING THE OVERLAYS FOR HILARY
DRIVE, REED RANCH ROAD, VIA CAPISTRANO,
JEFFERSON DRIVE AND WASHINGTON COURT
WHEREAS, the overlay projects for Hilary Drive, Reed Ranch Road,
Via Capistrano, Jefferson Drive and Washington Court have been satisfactorily
completed,
NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the
City Council of the City of Tiburon, subject to any provisions of the contract
with James T. Thornton, 80 Bayview Drive, San Rafael, California.
PASSED AND ADOPTED at a regular meeting of the City of Tiburon
City Council on January 9, 1978, by the following vote:
AYES: COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
R.
Drafted: January 5, 1978
RESOLUTION NO. 966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
COMMENDING EDWARD BIRD FOR HIS SERVICE TO THE CITY OF
TIBURON
WHEREAS: Edward Bird has been employed with the City of Tiburon
for more than six years, from November 8, 1971 to January 20, 1978;
and
WHEREAS: Edward Bird has served ably as a member of the Public
Works Department; and
WHEREAS: Edward Bird has competently filled the position of
Maintenance Worker I in the Public Works Department; and
WHEREAS: Edward Bird has provided technical and professional
competence;
NOW, THEREFORE BE IT RESOLVED: that the Tiburon City Council
does declare its sincere appreciation on behalf of the citizens of
Tiburon for the services of Edward Bird to the City of Tiburon and
does hereby publicly commend Mr. Bird for such services.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on January 9 , 1978, by the following vote:
AYES: COUNCILMEN: Aramburu, Ellman, Edelstein, Tayer, Ross
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None
o-;:r u ~n 'T' T
RESOLUTION NO. 965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
APPOINTING GARY T. RAGGHIANTI DEPUTY CITY ATTORNEY
BE IT RESOLVED by the City Council of the City of Tiburon that
Gary T. Ragghianti is hereby appointed Deputy City Attorney for the City
of Tiburon effective December 12, 1977.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on the 12th day of December, 1977, upon the following
vote:
AYES:
ARAMBURU, ELLMAN, EDELSTEIN, ROSS
NOES:
NONE
ABSENT: COUNCILMEN: TAYER
ATTEST:
Drafted: 12/12/77
RESOLUTION NO. 964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIBURON AMENDING THE APPROVED PRECISE PLAN
FOR THE FRANK HOWARD ALLEN BUILDING AT 1660
TIBURON BLVD.
WHEREAS: The City of Tiburon has previously adopted, by Resolution No. 951
of the City Council, a Precise Plan for the development of a commercial and
office building at 1660 Tiburon Blvd.; and
WHEREAS: The applicant has indicated that a slight increase in the square
footage of the building is desirable within the same exterior building space; and
WHEREAS: The Planning Commission and City Council have reviewed said
changes and makes the following findings:
1. That the expanded building is in substantial conformance with the
adopted Master Plan, Ordinance No. 187 N.S.
2. That the expansion is within the guidelines set by the Zoning Ordinance
and General Plan of the City of Tiburon.
3. That no additional adverse environmental impacts would be created by
the addition, and
WHEREAS: The Planning Commission of the City of Tiburon recommended by
Resolution No. 247 that Condition No. 10 of the City Council Resolution No. 951,
be amended as follows:
"10. That all of the conditions of the Master Plan be met, except that the
gross square footage of the building may not exceed 7,452 square feet, and the
net square footage may not exceed 6,413 square feet."
NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby amend
Resolution No. 951, The Precise Plan for the Frank Howard Allen building at 1660
Tiburon Blvd., by changing Condition No. 10 to read:
"10. That all of the conditions of the Master Plan be met, except that
the gross square footage of the building may not exceed 7,452 square feet and
the net square footage may not exceed 6,413 square feet."
PASSED 'AND ADOPTED at a regular
the City of Tiburon on December 12
meeting of the City Council of
, 1977, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Aramburu, Ellman, Edelstein, Ross, Tayer
COUNCILMEN: None
COUNCILMEN: None
::::S~~y CLERK
draft date: 12/8/77
RESOLUTION NO. 963
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF
TIBURON ACCEPTING THE SUBDRAINAGE IMPROVEMENTS
AND STREET OVERLAY ON HOWARD DRIVE
WHEREAS, the subdrainage improvements and the street overlay project
has been satisfactorily completed, and
NOW, THEREFORE, BE tT RESOLVED, that such work be accepted by the
City Council of the City of Tiburon subject to any provision of the contract
with Thornton Paving, 80 Bayview Drive, San Rafael, California.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on December 12, 1977 by the following vote:
AYES: COUNCILMEN: ARAMBURU, ELLMAN, EDELSTEIN, TAYER, ROSS
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AT~~~
R.~. KLEINERT, City Man ger/City
Clerk
l;.
RESOLUTION NO. 962
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF
TIBURON PLACING A REFERENDUM MEASURE CONCERNING
PUBLIC HOUSING ON THE MARCH 7, 1978 MUNICIPAL BALLOT.
WHEREAS, The City Council of the City of Tiburon has determined that
moderate cost housing for the elderly is a benefit for the community, and
WHEREAS, The City Council of the City of Tiburon wishes to implement
the goals contained in the Housing Element of the Tiburon General Plan, which include
the provision of housing for all sectors of the community, and
WHEREAS, Article 34 of the California State Constitution requires
that any public agency which wishes to develop, construct or acquire any public low-
cost housing, or wishes to become involved in any private development of such housing
must first gain voter approval.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City
of Tiburon does hereby place a referendum measure which reads as follows:
"Should the City of Tiburon or any other public agencies be authorized
to assist in the development, construction and/or acquisition of not more than 12
(twelve) units of privately sponsored senior citizen rental housing at the Tiburon
School in Tiburon, for low and moderate income persons, through the use of federal,
state or local financing and/or private financing?"
on the Municipal Election ballot for the March 7, 1978 Municipal Election, and does
so direct the County Clerk to place said matter on the ballot.
PASSED AND ADOPTED AT a regular meeting of the Tiburon
City Council held November 28, 1977 by the followlng vote:
AYES: COUNCILMEN: Ellman, Edelstein, Tayer, Aramburu
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ross
ROBERT L. KLEIN
City of Tiburon
Draft Date: 11-22-77
RESOLUTION NO. 961
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF TIBURON
ADOPTING REGULATIONS PERTAINING TO CANDIDATES STATEMENT
OF QUALIFICATIONS COSTS PERTAINING TO SUCH STATEMENTS
AND RESTRICTION OF ADDI TIONAL MATERIALS WI TH VOTER PAMPHLETS
WHEREAS, the City Council of the City of Tiburon has considered the
provisions of Section 10012 of the Elections Code, which allows local agencies
to modify the limitations on words of candidates' statements, to assume the
costs, or to bill each candidate for the costs of printing, handling and trans-
lating such statements and to adopt certain regulations permitting the inclusion
of candidates' materials with the sample ballot and voter's pamphlet, and has
reached a deliberated conclusion:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the word limitation on candidates' statements
shall not exceed 200 words;
2. That the actual pro-rated costs of printing, handling
and translating of candidates' statements shall be
levied against each candidate availing himself of such
service;
3. That no additional material shall be sent on behalf of
the candidate by the local agency with the sample ballot
and voter pamphlet;
4. The provisions of this Resolution shall apply at the
next ensuing Municipal Election and at each election
thereafter at which Municipal Officers are elected
unless later repealed or modified.
PASSED AND ADOPTED by the City Council of the City of Tiburon at a
regular meeting on November 28, 1977 by the following vote:
AYES: COUNCILMEN: Aramburu, Edelstein. Ellman, Tayer
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ross
AT~/dJ~
R. L. KLEINERT, City Manager/City Clerk
RESOLUTION NO. 960
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIBURON REQUESTING THE MARIN COUNTY BOARD
OF SUPERVI SORS TO AUTHORIZE THE COUNTY CLERK
TO RENDER SERVICES REGARDING THE ELECTION TO
BE HELD ON TUESDAY, MARCH 7, 1978
WHEREAS, the City Council of the City of Tiburon has ordered an election
for Tuesday, March 7, 1978; and
WHEREAS, pursuant to Section 22003 of the Elections Code, the above stated
Governing Body may request the Board of Supervisors to permit the County Clerk to
render specified services to said Body relating to the conduct of the election on a
reimbursable basis.
NOW, THEREFORE, BE I T RESOLVED:
That the Board of Supervisors of the County of Marin is hereby requested
to authorize the County Clerk to render the following specified services for said
Body relating to the conduct of the election to be held on Tuesday, March 7, 1978:
Voter indexes
Voter count by precinct
Verification of signatures
Drayage and rental of polling places
Printing of sample and official ballots
Printing of measure and arguments
Appointment and notification of election officers
Mailing sample ballots and polling place notification
Precinct supplies
Training of precinct workers
Processing of absentee ballots
Central counting
Canvass of votes cast
FURTHER BE IT RESOLVED that the City Clerk of the City of Tiburon be and
hereby is ordered and directed to file a copy of this Resolution with the Board of
Supervisors of the County of Marin.
PASSED AND ADOPTED by the City Council of the City of Tiburon at a
regular meeting on November ~8, 1977 by the following vote:
AYES:
NOES: '
ABSENT~
COUNCILMEN:
COUNCIIMEN:
COUNCILMEN:
Aramburu, Edelstein, Ellman, Tayer
None
Ross
ATTEST:
R. L. KLEINERT, City Mana er/City Clerk
RESOLUTION NO. 959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION
IN THE CITY OF TIBURON ON MARCH 7, 1978 FOR THE
PURPOSE OF ELECTING THREE CITY COUNCILMEN
BE IT RESOLVED by the City Council of the City of Tiburon, that it
is hereby ordered as follows:
Section 1. Date of Election - Offices to be Filled. A general
municipal election is hereby called and ordered to be held in the City of Tiburon
State of California, on Tuesday, March 7, 1978, for the purpose of electing three
City Councilmen, the terms of the incumbents of which are about to expire.
Section 2. Registration to Close February 6, 1978. Registration for
said election shall close on February 6, 1978; no persons registered after that
date will be entitled to vote at said election.
Section 3. Procuring and Filing Nomination Papers. Nomination papers
may be procured from the City Clerk, and shall be filed with the City Clerk no
later than 12:00 noon of the sixty-eighth day before the election. Nomination
papers may not be circulated prior to December 8, 1977, and must be filed no
later than 12:00 noon on December 29, 1977. If an incumbent does not file for
re-election to office by December 29, 12:00 noon, the filing period for such
office is extended until January 3, 1978, 12:00 noon for non-incumbent candidates
only.
Section 4. City Clerk's Assistants. The City Clerk shall procure all
supplies and employ such assistants as may be necessary properly and lawfully to
conduct said election.
Section 5. Time When Polls Are Kept Open. At said election the polls
shall be opened at 7 o'clock in the morning of the day of said election, and shall be
kept open until 8 o'clock in the evening of the same day, when the polls shall
be closed, subject to the provisions of Section 22903 of the Election Code.
Section 6. Canvass of Ballots by Council. The Council shall meet at
its usual place of meeting on the first Tuesday next succeeding said election to
canvass the returns and install newly elected officers.
Section 7. Publishing Notice of Election. The City Clerk shall cause
to be published in a newspaper of general circulation a Notice of Election which
will include the date of election, hours the polls open and close and the offices
to be filled.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on November 28, 1977, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Aramburu, Edelstein, Ellman, Tayer
None
Ross
ATTE
ROBERT L. KLEINERT, City Manager/City Clerk
RESOLUTION NO. 958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON ACCEPTING THE STREET REPAIRS AND SIDEWALK
INSTALLATION AT 2030/36 PARADISE DRIVE
WHEREAS, the street has been satisfactorily repaired between 2030
and 2036 Paradise Drive, and
WHEREAS, the sidewalk has been satisfactorily installed between 2030
and 2036 Paradise Drive,
NOW, THEREFORE, BE IT RESOLVED, that such work be accepted by the City
Council of the City of Tiburon subject to any provision of the contract with
Maggiora and Ghilotti, Inc. of 1912 Redwood Highway, Corte Madera, California.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on November 28, 1977 by the following vote:
AYES: COUNCILMEN: Aramburu, Edelstein. Ellman, Tayer
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ross
ATTEST:
Drafted: 11/17/77
RESOLUTION NO. 957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
DIRECTING REMOVAL OF OVERHEAD UTILITY FACILITIES ALONG
TIBURON BOULEVARD BETWEEN ROCK HILL ROAD AND SAN RAFAEL
AVENUE AND THE REPLACEMENT THEREOF UNDERGROUND
WHEREAS, the City of Tiburon has adopted Ordinance No. 12 N.S. "underground
Utility Districts"; and
WHEREAS, the City of Tiburon by the adoption of Resolution No. 955 has
indicated its desire and intent to underground utilities along Tiburon Boulevard
between San Rafael Avenue and Rock Hill Road and has so notified Pacific Gas &
Electric Company, Pacific Telephone Company, and Viacom Cablevision of this intent;
and
WHEREAS, Section 12-2 of the Tiburon City Code requires that the City
Council call public hearings to ascertain whether the public necessity, health,
safety, or welfare requires such undergrounding;
WHEREAS, a public hearing was called for and held on November 14, 1977,
in the Council Chambers, City Hall, Tiburon, California, to ascertain whether the
public necessity, health, safety or welfare requires the removal of poles, overhead
wires and associated overhead structures, and the underground installation of wires
and facilities for supplying electric, communication or similar or associated services
within that certain area of the City described as follows: Adjacent to Tiburon
Boulevard between Rock Hill Road and San Rafael Avenue, as more particularly shown in
Exhibit A attached hereto;
WHEREAS, notice of such hearing has been given to all affected property
owners in the manner and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held and all persons
interested have been given an opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Tiburon does find that it is in the public welfare to cause such undergrounding
and hereby orders removal of all poles, overhead wires and associated overhead
structures and the placement of these same utilities underground at a date to be
determined;
AND, BE IT FURTHER RESOLVED, that the Council shall in the future select
a date to be determined as the date upon which affected property owners must be
ready to receive underground service;
AND, BE IT FURTHER RESOLVED that the Council hereby finds as follows:
The underground Utility District hereby created is in the general public
interest for the following reasons:
(1) The undergrounding to be accomplished will avoid or eliminate an
unusually heavy concentration of overhead distribution facilities;
-1-
(2) The streets, roads or rights of way in the District are
extensively used by the general public and carry a heavy volume of pedestrian
or vehicular traffic;
(3) The said streets, roads or rights of way adjoin or pass through
an area of unusual scenic interest to the general public;
AND, BE IT FURTHER RESOLVED, that those property owners who are affected
by this underground conversion shall, at their own expense, but in accordance with
the standards of the utility companies and other such codes and ordinances which
may have been adopted by the City, provide those facilities necessary to provide
underground connections from the utility companies' point of service at the
property line to the owner's building or point of use, and such work to be subject
to the conditions as set forth in Ordinance No. 12 N.S. of the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon on November 14, 1977, by the following vote:
AYES: COUNCILMEN: Edelstein, Aramburu, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ellman
ATTEST:
R. LEINERT, City Manager/City Clerk
Drafted: 11/9/77
Revised: 11/14/77
-2-
RESOLUTION NO. 956
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIBURON APPROVING THE ZELINSKY
PRECISE PLAN
WHEREAS, the Planning Commission and City Council have received and considered
the Master Plan submitted by Frederick G. Zelinsky for the development of two commercial/
office buildings, one retail commercial and residential building, one residence and a
meeting facility at the Tiburon Lodge; and
WHEREAS, the Planning Commission and City Council have approved the Master Plan
by Ordinance No. 187 N.S.; and
WHEREAS, the Planning Commission has reviewed the Precise Plan drawings for the
project, and has referred them to the Board of Adjustments and Review, and has found
that the drawings are in substantial conformance with the Master Plan as approved,
and has approved it by Resolution No. 245; and
WHEREAS, the City Council has reviewed the Precise Plan and found it in
conformance with Ordinance No. 187 N.S.;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Tiburon
does find that the Precise Development Plan is in substantial conformance with the
Master Plan approved in Ordinance No. 187 N.S., and that the City Council does hereby
approve said Precise Plan subject to the following conditions:
1. That all of the conditions on each of the buildings set by the Board of
Adjustments and Review be met prior to occupancy of each building.
2. That all of the requirements of the Tiburon Fire Protection District be met
prior to occupancy of any building.
3. That prior to issuance of any building permit for any structure in the project,
a letter be submitted by the developer indicating service from each of the major utility
districts and companies, including, but not limited to the Marin Municipal Water
District, Sanitary District No. 5, P.G~ & E., Pacific Telephone.
4. That applicable drainage fees be calculated, and existing credits applied,
and the remaining fees for downtown basin drainage collected prior to issuance of
any building permit.
5. That Parks and Recreation In-Lieu fees in the amount of $2,500 (based on
Ordinance No. 191 N.S.) for five dwelling units be collected prior to issuance of
any building permit.
6. That the temporary and ultimate drainage plans for all of the properties in
the development be approved by the City Engineer prior to issuance of any building permit.
7. That landscaping plans for Maritime building be submitted to and approved by
the Board of Adjustments and Review prior to issuance of the building permit.
-1-
RESOLUTION NO. 955
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON STATING ITS INTEN-
TION TO UNDERGROUND UTILITIES ALONG
TIBURON BOULEVARD BETWEEN SAN RAFAEL
AVENUE AND ROCK HILL ROAD
WHEREAS, Tiburon Boulevard currently has overhead utility
lines located along both sides of Tiburon Boulevard between
Rock Hill Road and San Rafael Avenue, and
WHEREAS, this proposed utility undergrounding area along
Tiburon Boulevard has been determined by the City Council to
have significant public and scenic interest, and
WHEREAS, the City of Tiburon proposes to utilize its Rule
20A funds for partial funding of this project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Tiburon does hereby state its intention to proceed
with the undergrounding of utilities along Tiburon Boulevard
between Rock Hill Road and San Rafael Avenue, and
BE IT FURTHER RESOLVED, that the City Council does direct
City Staff to establish the utility undergrounding district
boundaries, set the public hearing, and pursue funding assistance
of the County of Marin from their Rule 20A allocation.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on October 24, 1977, by the following
vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Tayer, Ross
NOES:
COUNCILMEN: None
ABSTENTION: COUNCILMEN: Aramburu
ABSENT: COUNCILMEN: None
C ROSS, Mayor
of Tiburon
ATTEST:
Drafted: 10/24/77
RESOLUTION NO. 954
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON ACCEPTING GRANT
DEED FROM ALLAN, CAROLINE AND JEREMY
LITTMAN
WHEREAS, Allan, Caroline and Jeremy Littman have offered to
grant a pedestrian easement to the City of Tiburon on the real property
described in the copies of the Grant Deed attached hereto as Exhibit "A";
NCM, THEREFORE, BE IT RESOLVED, that the said offer is hereby
accepted, and the City Clerk is authorized to record said Deeds, together
with a certified copy of this Resolution.
PASSED AND AOOPTED at a regular meeting of the City COlIDcil
of the City of Tiburon on October 24 , 1977, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer, Ross
COUNCILMEN: None
COUNCILMEN: None
A~dLV
R.L. KLEINERT, City Manager/Clerk
City of Tiburon
RESOLUTION NO. 953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON COMMENDING OFFICER MICHAEL H. KERNS FOR
HIS SERVICE TO THE CITY OF TIBURON
WHEREAS, Michael H. Kerns has been employed with the City of Tiburon for
more than four years, from August 1, 1973 to November 7, 1977; and
WHEREAS, Michael H. Kerns has served ably as a member of the Police
Department; and
WHEREAS, Michael H. Kerns has served as a Police Officer, Juvenile
Officer, and Corporal with supervisory responsibilities; and
WHEREAS, Michael H. Kerns has served the City of Tiburon in a highly
competent and professional manner and has been central in the establishment of the
juvenile diversion program within the department; and
WHEREAS, Michael H. Kerns provided supervision as well as technical and
professional competence;
NOW, THEREFORE, BE IT RESOLVED, that on the eve of Michael H. Kerns'
resignation from the City of Tiburon, the Tiburon City Council does declare its
sincere appreciation on behalf of the citizens of Tiburon for the services of
Michael H. Kerns to the City of Tiburon; and
FURTHERMORE, BE IT RESOLVED, that that Tiburon City Council hereby
publicly commends Michael H. Kerns for his services.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City
of Tiburon on October 24, 1977, by the following vote:
AYES: COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
ROBERT L. KLEINERT, City Manager/CI
RESOLUTION NO. 952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON CREATING "NO PARKING" ZONE ON TIBURON
BOULEVARD NEAR PINE TERRACE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIBURON AS FOLLOWS:
Section 1. NO PARKING AREA
The following portion of Tiburon Boulevard is hereby defined and
established as a "NO PARKING" area and shall be governed by the provisions
of Section 23.1 of the Tiburon City Code.
No parking on the south side of Tiburon Boulevard for a
distance of two hundred (200) feet in a westerly direction
beginning approximately two hundred (200) feet west of Pine
Terrace.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on October 10, 1977, by the following vote:
AYES: COUNCILMEN: Aramburu, Edelstein, Ellman, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Tayer
ATTEST:
R. L. KLEINERT
Draft Date: October 5, 1977
8. That all landscaping, as approved, be installed prior to occupancy of the
building on the respective sites.
9. That Master lighting, signing and outdoor color schemes be presented to and
approved by the Board of Adjustments and Review for each of the buildings prior to
occupancy.
10. That all of the parking shown on the Master Plan on new building sites shall
be provided free of charge for the users of the building during business hours, and
no barrier shall be erected across the ingress or egress of any of these parking areas,
such parking to be installed as specified in Ordinance 187 N.S.
11. That the addition to the Maritime Building, 1620 Tiburon Boulevard, shall
receive final design approval from the Board of Adjustments and Review.
12. That a pedestrian walkway shall be provided through the lot containing the
addition to the Maritime Building to provide pedestrian access from Juanita Lane to
Tiburon Boulevard.
13. That any covenants, conditions or restrictions on the property be reviewed
and approved by the City Attorney prior to issuance of any building permit.
14. That the parcel map, dividing the Home Savings and Loan parcel from the
Lands of Zelinsky on the northwesterly side of Tiburon Boulevard, be recorded with
the County Recorder prior to issuance of a building permit for the Home Savings and
Loan building.
15. That construction shall be permitted only on weekdays from 8 a.m. to 5 p.m.
16. That provisions acceptable to the City for preservation without building
development of the remaining undeveloped lands owned by Mr. Zelinsky shall be made
and recorded in a manner acceptable to the City Attorney prior to issuance of any
building permit.
17. All utility service be underground.
18. Prior to the issuance of a certificate of occupancy for any structure
constructed pursuant to this Precise Plan, applicant shall submit for formal approval
by City, Precise Plan Drawings of Juanita Lane and Beach Road extensions including
street lighting, sidewalk and other street improvements. Applicant shall post such
bond as City shall determine to be reasonably necessary to insure that said improve-
ments will be implemented and completed when, and as, directed by City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon held on November 14, 1977, by the following vote:
-2-
AYES: COUNCILMEN: Edelstein, Aramburu, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ellman
ABSTAINED: COUNCILMEN: Tayer
AT ~
ROBERT L. KLEINERT, City Manager/City Clerk
Draft Date: 10/14/77
11/04/77
11/10/77
11/14/77
Revised: 11/16/77
-3-
~
Description of District Boundaries
Beginning at a point on the certerline of Tiburon Boulevard, said point
being the intersection of said centerline with the projection of the southeasterly
line of Lot 7, of Tiburon Terrace Subdivision as said lot and subdivision are shown
in Book 6 of Record Maps at page 29, Marin County Records;
Thence from said point of beginning, North 400 54' 30" East, 30 feet
to the northeasterly line of Tiburon Boulevard, and along the southeasterly
line of said Lot 7, North 400 54' 30" East, 116.027 feet; thence leaving
said southeasterly line, South 480 53' 30" East, 128.74 feet; North 390 56' 30"
East, 8 feet; thence southeasterly, 64.346 feet; North 390 26' 30" East, 93.09
feet; thence South 470 48' East, 472.17 feet; and South 430 29' 15" East,
156.89 feet, more or less; thence North 490 32' East, 109.5 feet; and South
400 23' East, 180 feet to the north-westerly line of Gilmartin Drive; thence
along said northwesterly line of Gilmartin Drive, North 490 32' East, 150
feet; thence leaving said northwesterly line, across Gilmartin Drive, South
400 28' East, 30.00 feet; and South 400 28' East, 418.40 feet; South 490 32'
West, 250.00 feet; North 400 28' West, 66.42 feet; and South 490 32' West,
217.8 feet to the northeasterly line of Tiburon Boulevard; thence across
Tiburon Boulevard, and across the right of way formerly of Northwestern
Pacific Railroad Company, South 490 32' West, 110 feet to a point on the
southwesterly line of said former railroad right of way;
Thence northwesterly along said southwesterly former right of way line,
North 400 28' West, 382 feet, more or less, to the point of tangent with a
curve with a radius of 2,840 feet; thence along said curve to the left,
299.47 feet to a point; thence from said point along a curve to the left
with a radius of 11,434 feet, 920 feet, more or less, to the point of inter-
section of said southwesterly former right of way line with the extended
projection of the common line between Lot 2 and Lot 7 of Tiburon Terrace
Subdivision, hereinabove referred to; thence North 570 26' 30" East, 120
feet, more or less, to a point on the centerline of Tiburon Boulevard;
thence along said centerline along a curve to the left with a radius of
1,000 feet, a distance of 216.5 feet, more or less, to the point of
beginning.
EXHIBIT "A"
RESOLUITON NO. 951
A RESOLUTION OF 'IRE CITY COUNCIL OF 'IRE CITY
OF TIBURON APPROVING PRECISE PLAN FOR THE
FRANK HOWARD ALLEN BUILDlliG AT 1660 TIBURON BLVD.
WHEREAS: The Plarming Comnission of the City of Tiburon has
received and considered the M:ister Plan drawings submitted by the Frank
Howard Allen Company for a cOIIIrercial and office building to be located at
1660 Tiburon Boulevard, and
WHEREAS: The Plarming Comnission and City Cotmcil have
approved by Ordinance No. 184 N. S. the M9.ster Plan for said building, and
WHEREAS: The Planning Conmission has reviewed the Precise
Plan drawings for the said building and has fOlmd them to be in confomance
with the approved M9.ster Plan as submitted to the City, and has recOIIIIElded
in Resolution No. 241 the approval of the Precise Plan.
NOW, 1HEREFORE, BE IT RESOLVED: That the City COlIDCil of
the City of Tiburon has found that the Precise Plan drawings are in sub-
stantial confomance with the M9.ster Plan for the Frank Howard Allen Build-
ing at 1660 Tiburon Blvd., and further approves the Precise Plan subject
to the following conditions:
1. That the building be sited on the easterly side of the
lot with a 26.6 foot setback from the southerly properly line, and in a
position 10 feet back fran the front property line, as shown on drawings
dated October 1, 1977 by Gilbert Murphy & Associates.
2. That the site and building be planned so that the
circulation may be reversed if the City so directs.
3. That the requirements for both interior and exterior
fire protection systems submitted to the City by the Tiburon Fire Protection
Dis trict be net.
4. That applicable drainage fees be paid.
5. That the drainage plan and tie-in to existing storm
drainage systems be approved by the City Engineer as in conformance with the
Downtown Drainage Plan.
6. That the color scheme for the building, light beige on
the walls, and brown trim, be implem2Ilted.
7 . That the landscaping as shown on the Precise Plan
drawings, attached hereto as Exhibit "A", be installed prior to occupancy
of the building, and that maintenance of said landscaping shall be insured
by a bond satisfactory to the Department of Conm..mity Development.
8. That a final landcaping plan shall be approved by the
Board of Adjust::m=nts and Design Review.
9. That a Master Plan for all signs, lighting and fencing
for the building be submitted to and approved by the Board of Adjustments
and Design Review prior to occupancy of the building.
-1-
10. That all of the conditions of the Master Plan be met.
11. That the pedestrian access be provided from Juanita Lane
to Tiburon Blvd. with proper paving and openings in landscaping, as shown
on Precise Plan drawing.
12. No barrier be placed across entrances/ exits to parking
without prior approval of City Conncil.
13 . That the Director of Corrmunity Development insure that trees
on Juanita Lane do not obstruct traffic prior to their full growth.
PASSED AND AOOP1ED AT a regular meeting of the Tiburon City Conncil
held on October 10, 1977, by the following vote:
AYES: COUNCIlMEN: Aramburu, Ellman, Edelstein, Ross
NOES: COUNCII11EN: NONE
ABSENT: COUNCII11EN: Tayer
~
ATTEST:
OOB~~rk
City of Tiburon
RESOLUTION 950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIBURON AMENDING THE PERSONNEL RULES AND
REGULATIONS AND AMENDING RESOLUTION NO. 894
WHEREAS, there are 261 working calendar days per year, and
WHEREAS, it is the wish of the Tiburon City Council that sick leave
may be available to those employees who have earned it;
NOW THEREFORE BE IT RESOLVED, that Rule XIII, Section 8, Page 20 of
the Personnel Rules and Regulations of the City of Tiburon be amended to read:
For purposes of computing fractions, in order to compensate
for less than full pay period worked, the rate of daily and
hourly compensation shall be determined in the following
manner:
a. Annual salary divided by 261 working days.
BE IT FURTHER RESOLVED, that Rule IX, Section 3, Page 22 of the
Personnel Rules and Regulations of the City of Tiburon be amended to read as
follows:
Sick Leave Accumulation:
Sick leave with pay shall be granted to all full time
employees who have accumulated such leave, except as
hereinafter provided...
PASSED AND ADOPTED At a regular meeting of the City
of Tiburon on October 10 , 1977, by the following vote:
AYES: COUNCILMEN: Ellman, Edelstein, Aramburu, Ross
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Tayer
ATTEST:
RESOLUTION NO. 949
A RESOLUTION OF TIlE CITY COUNCIL OF TIlE
CITY OF TIBURON GRANTING A TEMPORARY USE
PERMIT TO THE SOUTIlERN PACIFIC RAILROAD
TO OPERATE A PARKING LOT IN DOWNTOWN
TIBURON SUBJECT TO CERTAIN CONDITIONS
WHEREAS, The Southern Pacific Railroad, through its agents and subsidiaries
has operated a temporary parking facility for approximately 100 cars in downtown
Tiburon since 1968, and
WHEREAS, the said Railroad has requested that the Use Permit be renewed, and
WHEREAS, the City has determined that certain conditions should be imposed on
the granting of a Use Permit concerning the operations of said parking lot.
NOW TIlEREFORE BE IT RESOLVED: that the City of Tiburon does grant to the
Southern Pacific Railroad, or its agents, a Use Permit to operate a parking lot for
350 cars on its property in downtown Tiburon under the following conditions:
1. That the said Use Permit shall expire one year from the date of this
resolution.
2. That the landscaping and fencing be maintained in a neat, healthy, and
weed-free condition satisfactory to the Director of Community Development.
3. That at least 4 handicapped stalls, a minimum of 12 feet wide shall be
provided near pedestrian exits without obstruction.
4. That no valet parking be permitted in the lot.
5. That the old Fig Tree and the old Palm Tree, both in the area of the lot,
be protected.
6. That the City may place bicycle racks in and around the lot for the use of
commuters and tourists.
7. That the lot be maintained in a neat, orderly and proper manner.
8. That no parking be permitted outside the area designated on the Northwestern
Pacific Railroad drawing T-24426, attached to Resolution No. 851.
9. Failure to meet the conditions shall result in the revocation of this Use
Permit upon 30 days notice to the Railroad by the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon, held on September 26, 1977. by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: Ross
Aramburu, Edelstein,
None
Ellman, Tayer
/J
/// I #v;(;J
!1d:f~ . /l{'c f tQJ
- E. #rfc~ Mayor -
ATTES~
ROBERT L. KLEINERT, City
RESOLUTION NO. 948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON
CREATING "NO PARKING" ZONE ON VENADO DRIVE
BE IT RESOLVED BY THE CITY. COUNCIL OF THE CITY OF TIBURON AS FOLLOWS:
Section 1. NO PARKING AREA.
The following portion of Venado Drive is hereby defined and established as
a "NO PARKING" area and shall be governed by the provisions of Section 23.1 of
the Tiburon City Code.
No parking on the north and south side of Vena do Drive for a
distance of sixty-six (66) yards in an easterly direction from
417 Venado Drive.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon on September 26, 1977, by the following vote:
AYES: COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ross
E. BRUC
AT/~
R. L. KLEINERT, City Manager/Ci
RESOLUTION NO. 947
A RESOLUTION OF THE CITY mUNCIL OF
THE CITY OF TIBURON ACCEPTING GRANT
DEED FROM NORlliERN CALIFORNIA CONGRE-
GATIONAL CONFERENCE
WHEREAS, NORTHERN CONGREGATIONAL CONFERENCE has offered to grant
an easerrent for storm drainage to the City of Tiburon on the real property
described in the copies of the Grant Deed attached hereto as Exhibit "A";
NOO, THEREFORE, BE IT RESOLVED, that the said offer is hereby
accepted, and the City Clerk is authorized to record said Deeds, together
with a certified copy of this Resolution.
PASSED AND AOOPI'ED at a regular meeting of the City
C01.IDcil of the City of Tiburon on September 26 , 1977, by the following
vote:
AYES:
NOES:
ABSENT :
COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer
mUNCIlMEN: None
COUNCIlMEN: Ro s s
A7M~
R.L. KLEINERT, City Manager/Clerk
_r.---
RESOLUTION NO. 946
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TIBURON ADOPTING A CONFLICT
OF INTEREST CODE FOR DESIGNATED OFFICERS AND ~1PLOYEES
WHEREAS, Sections 87300 et seq., of the Government Code
(the Political Reform Act of 1974, as amended), hereinafter
referred to as "the Act", requires that this Council approve
a Conflict of Interest Code covering designated positions
of officers and employees of the City, excluding the positions
of the Mayor, City Councilmen, and the City Manager, which are
covered by Article 2, Chapter 7 of the Act; and
WHEREAS, this Council has solicited comments from City
officers and employees as well as from the public;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the following
Conflict of Interest Code is adopted, governing the positions
hereinafter designated:
"CONFLICT OF INTEREST CODE
OF THE CITY OF TIBURON
SECTION 1.
PURPOSE. Pursuant to the provisions of
Government Code Sections 87300, et seq., the City Council of
the City of Tiburon hereby adopts the following Conflict of
Interest Code. Nothing contained herein is intended to modify
or abridge the provisions of the Political Reform Act of 1974
(Government Code Section 81000). The provisions of this Code
are additional to Government Code Section 87100 and other laws
pertaining to conflicts of interest. Except as otherwise
indicated, the definitions of said Act and regulations adopted
Draft Date: 7/22/77
pursuant thereto are incorporated herein and this Code shall
be interpreted in a manner consistent therewith.
SECTION 200. DESIGNATED POSITIONS. The positions
listed on Exhibit "A" are designated positions. Officers
and employees holding those positions are designated employees
and are deemed to make, or participate in the making of
decisions which may foreseeably have a material effect on
a financial interest.
SECTION 300. DISCLOSURE STATEMENTS. Designated
positions shall be assigned to one or more of the disclosure
categories set forth on Exhibit "B". Each designated employee
shall file an annual statement disclosing that employee's
interest in investments, real property, and income, designated
as reportable under the category to which the employee's
position is assigned.
SECTION 400. PLACE AND TIME OF FILING.
A. All designated employees required to submit a
statement of financial interests shall file the original with
the City Clerk.
B. A designated employee required to submit a
statement of financial interest shall submit an initial
statement within thirty (30) days after the effective date
of this Code.
C. A designated employee required to submit a
statement of financial interests shall submit a statement
withint thirty (30) days after leaving the employment or
office, covering the period since his or her previous statement,
which statement shall include any investments held at any time
during such period, whether or not they are still held at the
time of filing.
D. Employees appointed, promoted or transferred
to designated positions shall file initial statements within
thirty (30) days after date of employment or appointment.
E. All other employees appointed, promoted or
transferred to designated positions shall file initial
statements not less than ten (10) days before assuming office,
unless an earlier assumption of office is required by emergency
circumstances, in which case the statement shall be filed within
thirty (30) days thereafter.
F. Annual statements shall be filed during the
month of March by all designated employees. Such statements
shall cover the period of the preceding calendar year.
SECTION 500. CONTENTS OF DISCLOSURE STATEMENTS. Disclosure
statements shall be made on forms supplied by the City Clerk,
and shall contain the following information:
A. Contents of Investment and Real Property Reports:
When an investment, or an interest in real property is
required to be reported, the statement shall contain:
1. A statement of the nature of the investment
or interest;
2. The name of the business entity in which each
investment is held, and a general description of the business
activity in which the business entity is engaged;
3. The address or other precise location of
the real property;
4. A statement whether the fair market value
of the investment, or interest in real property, exceeds ten
thousand dollars ($10,000), and whether it exceeds one hundred
thousand dollars ($100,000). This information need not be
provided with respect to an interest in real property which is
used principally as the residence of the filer;
5. In the case of an investment which constitutes
fifty percent (50%) or more of the ownership interest in the
business entity, disclosure of the investments and interests
in real property of the business entity.
B. Contents of Personal Income Reports:
When personal income is required to be reported,
the statement shall contain:
1. The name and address of each source of
income aggregating two hundred and fifty dollars ($250) or
more in value, or twenty-five dollars ($25) or more in
value if the income was a gift, and a general description of
the business activity, if any of each source;
2. A statement whether the aggregate value of
icome from each source was greater than one thousand dollars
($1,00), and whether it was greater than ten thousand dollars
($10,000) ;
3. A description of the consideration, if any,
for which the income was received;
4. In the case of a gift, the amount and the
date on which the gift was received.
C. Contents of Business Entity Income Reports:
When income of a business entity, including income
or a sole propietorship, is required to be reported, the statement
shall contain:
1. The name, address and a general description
of the business activity of the business entity;
2. In the case of a business entity which provides
legal or brokerage services, the name of every person who paid
fees to the business entity if the filer's prorata share of fees
from such person was equal to or greater than one thousand
dollars ($1,000);
3. In the case of a business entity not
covered by paragraph 2, the name of every person from whom
the business entity received payments if the filer's pro rata
share of gross receipts from such person was equal to or
greater than ten thousand dollars ($10,000) during a calendar
year.
D. Contents of Management Positions Reports:
When management positions are required to be
reported, designated employees shall list the name of each
business entity not specified above in which they are a
director, officer, partner, trustee, employee, or in which
they hold any position of management.
E. Initial Statement:
The initial statement filed by an employee appointed
to a designated position shall disclose any reportable
investments and interests in real property.
F. Acquisition or Disposal During Reporting
Period:
In the case of a statement filed under Section 400
F, if the investment, or interest in real property, was
partially or wholly acquired or disposed of during the
period covered by the statement, the date of acquisition or
disposal.
SECTION 600. DISQUALIFICATION. Designated employees
must disqualify themselves from making or participating in the
making of any decisions in which they have a reportable
financial interest, when it is reasonably foreseeable that such
interest may be materially affected by the decision. No
designated employee shall be required to disqualify himself
with respect to the matter which could not be legally acted
upon or decided without his participation."
PASSED AND ADOPTED at a
regular
meeting of the
City Council of the City of Tiburon on September 12 , 1977.
AYES:
COUNCILMEN: Aramburu, Edelstein, Ellman, Tayer, Ross
NOES:
COUNCILMEN: NONE
ABSENT:
COUNCILMEN: NONE
7( , .~
C,.lf? '-::2fV U ~
MAYO
. I
:J
ATTEST: w:1/&r.
~CLE
EXHIBIT "A"
DESIGNATED POSITIONS
Designated Positions By Department
Reporting Requirements By Category
1. General Management
A.
B.
C.
Administrative Assistant
Senior Account Clerk
City Clerk
1
1
1
2. Department of Community Development
A.
B.
C.
D.
E.
Director of Community Development
Zoning Administrator
Building Official
Planning Secretary
Assistant Planner
1
1
1
1
1
3. Public Works
A.
Superintendent
1
4. Treasurer
A.
City Treasurer
1
5. Recreation and Parks
6. Police
A. Parks and Recreation Supervisor
1
A.
B.
Chief of Police
Lieutenant
1
1
7. City Attorney
A.
B.
City Attorney
Deputy City Attorney
1
1
8. Engineering
A.
B.
City Engineer
Deputy City Engineer
1
1
9. Planning Commission
A.
All Commissioners
1
EXHIBIT "B"
CATEGORIES OF CONFLICT OF INTEREST
DISCLOSURE INFORMATION - REPORTING REQUIREMENTS
Disclosure Categories - When Reportable - Guidelines
An investment, interest in real property, income interest,
or management position is reportable if it may foreseeably
be affected materially by any decision made or participated
in by the designated person by virture of that person's
position.
Interests are reportable only if located within or
subject to the jurisdiction of the designated person's
position (most often the City boundaries) or if the business
entity is doing business or planning to do business within
that jurisdiction or has done business within that jurisdiction
during the year prior to the filing of the statement.
Category 1:
All investments, interest in real property, income
interests, and management positions which meet the above
guidelines.
Category 2:
All investments, interests in real property, income
interests and management positions in business entities and
persons who have requested planning, building, or public
works approvals during the year prior to filing of the
statement or who may foreseeably request such a permit.
(Miraflores Project Assessment District, City of Tiburon(
Marin County, California)
RESOLUTION NO. 945
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE
CITY OF TIBURON AND MAGGIORA AND GHILOTTI, INC. FOR WORK
TO BE DONE, APPROVING BONDS AND AUTHORIZING EXECUTION OF
SURETY RIDER TO PERFORMANCE BOND IN MIRAFLORES PROJECT
ASSESSMENT DISTRICT, CITY OF TIBURON, MARIN COUNTY, CALIFORNIA
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that contract dated the 12th day of September,
1977, by and between the City of Tiburon and Maggiora and Ghilotti,
Inc. for the work and improvements to be done in Miraflores Project
Assessment District, City of Tiburon, Marin County, California, is
hereby approved; and
BE IT FURTHER RESOLVED that the Mayor of the City of Tiburon
be authorized to sign, and the City Clerk thereof be authorized to
attest, said agreement; and
BE IT FURTHER RESOLVED that the Labor and Haterial Bond and the
Faithful Performance Bond to secure the performance of said contract
and to secure payment of labor and material claims be filed with the
City Clerk of the City of Tiburon in said matter, which said Labor
and Material Bond a~d said Faithful Performance Bond are hereby
approved; and
BE IT FURTHER RESOLVED that the Mayor of the City of Tiburon
be authorized to sign, and the City Clerk thereof be authorized to
attest, that Surety Rider forming a part of the Faithful Performance
Bond approved hereunder.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on September 12, 1977, by the following vote:
AYES:
COUNCILMEN: ARAMBURU, EDELSTEIN, ELil1AN, ROSS, TAYER
NOES:
COUNC ILMEN : NONE
COUNCILMEN: NONE
ABSENT:
ATTEST:
KLEINERT, City Mana
f1 :~~. ~ ~S f: ;~~ ti t
RESOLUTION NO.
944
RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION AGREErlliNT
BE~lliEN THE CITY OF TIBURON AND MIRAFLORES HOLDING CO., A
LIMITED PARTNERSHIP, IN CONNECTION WITH MIRAFLORES PROJECT
UNIT 2
BE IT RESOLVED by the City Council of the City of Tiburon, Marin
County, California, that the Mayor of the City of Tiburon be authorized
to sign, and the City Clerk be authorized to attest, that certain agree-
ment between the City of Tiburon and Miraflores Holding Co., a Limited
Partnership, which said agreement is attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon on September 12, 1977, by the following vote:
AYES:
COUNCILMEN: ARAMBURU, EDELSTEIN, ELlMAN, ROSS, TAYER
NOES:
COUNCILMEN: NONE
COUNC ILMEN: NONE
ABSENT:
/ /'
i~M~2/!~7~
E. BRUCE ROSS, Mayor,
City of Tiburon
R.
{J' ~.~ ~ %~; ~ J'
I
...
-
.,..1 ;,
I .
SUBDIVISION AGREEMENT
/~
THIS AGREEMENT, made and entered into this day of
(~~977' by and between MIRAFLORES HOLDING CO., a Limited
Part ership, owner and the subdivider of that certain subdivision to
be known as Miraflores Project Unit 2, hereinafter referred to as
"Subdivider," and the CITY OF TIBURON, a municipal corporation of the
State of California, hereinafter ref~rred to as "City";
R E C I TAL S:
WHEREAS, City has conducted proceedings for the formation of
a special assessment district to finance the acquisition and construction
of all public improvements required of Subdivider by the provisions of
Chapter 14 of the Tiburon Municipal Code for the development of Miraflores
Project Unit 2; and
WHEREAS, bonds have been sold to provide said financing for the
public improvements and all incidental expenses necessary thereto such as
engineering, soils engineering, legal fees, inspection fees, bond print-
ing and publication costs, administrative overhead charges and bond
servicing fees; and
WHEREAS, the proceeds of said bond sale will be delivered to City
on or about September 2, 1977; and
WHEREAS, a contract to perform the work of constructing said
public improvernents,according to plans and specifications approved by
City, has been awarded to Maggiora and Ghilotti, Inc., whose bid proposal
is secured by a bid bond in the amount of ten per cent (10%) of the cost
of said work; and
-1-
. 'pt. '- ~~I.'1. ~,....,.,~
t...... ~~~~~.......~I....,i~l.:; ...;..r:~.r'. ::'."
'~~O" I I' :"'~It
.\,:." ,. , ~. ~ ..
.. ~ M'I
WHEREAS, said City will be the obligee under the performance
and labor and materials bonds to be posted by the contractor and will
be named as an additional insured on the insurance certificates to be
posted by the contractor; and
WHEREAS, City has entered into agreements with Marin Municipal
Water District, Pacific Gas and Electric Company and Richardson Bay
Sanitary District, under the terms of which all required public utilities
will be constructed by City and/or the concerned utilities, including
telephone and cable television facilities; and
WHEREAS, the agreement being entered into between the City and
Maggiora and Ghilotti, Inc. incorporates by reference the plans and
specifications approved by City and on file in said special assessment
proceedings, which specifications provide that Maggiora and Ghilotti,
Inc. agree to maintain said public improvements for a period of one (1)
year after completion of said improvements and to post the bonds to secure
said agreement to maintain in favor of City, Marin Municipal Water District
and Richardson Bay Sanitary District; and
WHEREAS, said special assessment proceedings provide a contin-
gency fund of $24,333.00 and, in addition, a stipulation by the City
Council of said City that the sum of $45,000.00 provided for reimbursement
to Subdivider for the costs of water wells and appurtenances previously
installed by Subdivider shall not be paid by City to Subdivider unless
and until City is satisfied that the bond proceeds over and above said
acquisition monies are sufficient to compensate for all costs of the
construction of said public improvements and the payment of the expenses
incidental thereto;
-2-
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties
hereto as follows:
1. In the event that the bond proceeds as hereinabove described
are not sufficient to complete the construction of the public improvements
and to pay the incidental expenses required by the plans and and specif-
ications and engineer's estimate of cost, as set forth in the Amended
Engineer's Report on file in said special assessment proceedings, then
Subdivider shall payor cause to be paid any additional costs required
to complete said project.
2. City shall notify Subdivider in writing of such demand for
funds and shall provide a reasonable time for the payment of the required
,
additional funding. City shall not unreasonably refuse to conduct
additional special assessment proceedings for the purpose of levying a
supplemental assessment upon the property presently assessed in Miraflores
Project Unit 2 should such financing be available.
3. City shall exercise due diligence in causing the contractor
and the public utility companies and districts to discharge the obli-
gations imposed upon them by their respective contracts with City as set
forth in said special assessment proceedings.
4. City shall not be responsible other than in the capacity
of trustee-agent for Subdivider in the conduct of special assessment
proceedings for any of the costs of said improvements.
5. In addition to the notice of final acceptance of the work
given by City to contractor in accordance with the plans and specif-
ications, City shall give written notice of final acceptance of the work
to Subdivider.
6. Should City be required to institute legal action to enforce
-3-
performance of this agreement, Subdivider agrees to pay all reasonable
attorneys' fees, 'costs of suit and all other expenses of litigation
incurred by City in connection therewith.
7. This contract shall inure to the benefit of the parties
hereto and to their successors in interest.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment the day and year first written above.
MIRAFLORES HOLDING CO., a Limited Partnership
By: MlRAFLORES DEVELOPMENT CO., INC., a
General Partner
~
David H.
flSubdivider"
CITY OF TIBURON, a municipal corporation of
.the State of California
By
{~(:P:JcdI~~
Mayor
\J'
A
City Clerk ~
.City"
-4-