HomeMy WebLinkAboutTC Res 2009-10-21 (4)RESOLUTION NO. 32-2009
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING A MEMORANDUM OF UNDERSTANDING
RELATED TO THE MARTHA COMPANY PROPERTY
AND TAKING RELATED ACTIONS
WHEREAS, the Town of Tiburon ("Town") and the Martha Company (Martha"), in an
effort to settle litigation regarding prezoning actions of the Town that have been challenged in
Marin Superior Court by Martha, have proposed resolution by means of a Memorandum of
Understanding (MOU) regarding certain aspects of Martha's current development applications
pending before the County of Marin; and
WHEREAS, said MOU would establish a 32-unit Lower Density Alternative (LDA) project
as a potential solution to current litigation and decades of uncertainty as to development rights for
Martha's 110-acre property located on the Tiburon peninsula; and
WHEREAS, the Town Council has held public meetings on this matter on September 16,
October 7, and October 26, 2009 and has heard and considered testimony received; and
WHEREAS, the Town Council finds that adoption of this resolution and the MOU does not
constitute a "project" as defined by the California Environmental Quality Act (CEQA) and is
therefore exempt from the requirements of CEQA.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the MOU, attached hereto as Exhibit A, authorizes the Town Manager to
complete any final minor negotiations on details of the MOU terms in consultation with the ad-hoc
subcommittee, and authorizes the Town Manager to execute the MOU as appropriate.
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of
Tiburon on October 26, 2009, by the following vote:
AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz
NOES: COUNCILMEMBERS: None
ALICE F CKS, MAYOR
TOWN OF TIBURON
ATTE§T:
DIANE CRANE IAtOPI, TOWN CLERK
Tiburon Town Council Resolution No. 31-2009 1012612009