HomeMy WebLinkAboutTC Res 2010-06-02TIBURON TOWN COUNCIL
RESOLUTION NO. 31-2010
RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT;
SETTING DATE, TIME AND PLACE FOR PUBLIC HEARING; DIRECTING
THE TOWN CLERK TO CAUSE THE PREPARATION AND MAILING TO PROPERTY
OWNERS OF NOTICE OF THE HEARING AND ASSESSMENT BALLOTS, AND
DECLARING FINAL ACTION WITH RESPECT TO THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
Town of Tiburon
Del Mar Valley
2010 Supplemental
Utility Undergrounding Assessment District
WHEREAS, at the direction of this Town Council of the Town of Tiburon (this
"Town Council") by its resolution of intention, adopted this same date (the "Resolution of
Intention"), NBS, as District Engineer (the "District Engineer") for improvement proceedings in
the proposed "Del Mar Valley 2010 Supplemental Utility Undergrounding Assessment District,
Town of Tiburon, County of Marin, State of California" (the "New Supplemental District"), has
filed with the Town Clerk the written report (the "Engineer's Report") described in Section
10204 of the Streets and Highways Code (the "Code"), said Section 10204 being a provision of
the Municipal Improvement Act of 1913, being Sections 10000 and following of the Code (the
"1913 Act"), and containing the matters required by Section 10204, Article XIIID of the
California Constitution ("Article XIIID") and Section 53753 of the Government Code ("Section
53753"), and it is appropriate for this Town Council to preliminarily approve the Engineer's
Report and to schedule the public hearing respecting the proposed New Supplemental District in
general and the contents of the Engineer's Report in particular; and
WHEREAS, by the Resolution of Intention, this Town Council approved a
boundary map for the New Supplemental District (the "New Supplemental District Boundary
Map") and authorized and directed the Town Clerk to provide for the filing of a copy thereof in
the official records of the Marin County Recorder; and
WHEREAS, as directed by this Town Council in the Resolution of Intention, the
District Engineer has included in the Engineer's Report the information specified by Part 7.5 of
Division 4 of the Code ("Division 4"), and on the basis of the information provided by the
Engineer's Report, this Town Council hereby finds and determines that the total amount of the
principal sum of all remaining unpaid special assessments previously levied against the parcels
proposed to be assessed in the New Supplemental District, plus the principal amount of the New
Supplemental Assessments proposed to be levied in these proceedings for the New Supplemental
District, does not exceed one-half of the total value of the parcels proposed to be assessed in
these proceedings for the New Supplemental District, all as provided by Section 2961 of the
Code;
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
HEREBY FINDS, DETERMINES, DECLARES AND RESOLVES as follows:
1. This Town Council preliminarily approves the Engineer's Report without
modification, for the purpose of conducting a public hearing with respect to the New
Supplemental District and the Engineer's Report, as provided in the 1913 Act, Article XIIID, and
Section 53753. Said report shall stand as the report for the purpose of all subsequent
proceedings under the 1913 Act and Section 53753, except that it may be confirmed, modified,
or corrected as provided in the 1913 Act.
2. This Town Council hereby sets 7:30 o'clock P.M. or as soon thereafter as
the matter may be heard, on July 21, 2010, in the Council Chambers at 1505 Tiburon Boulevard,
Tiburon, California, as the date, time and place for a public hearing of protests to the proposed
utility undergrounding project (the "Reduced Project," as said term is defined in the Resolution
of Intention), the proposed levy of the New Supplemental Assessments, the estimate of the costs
and expenses to be partially funded by the New Supplemental Assessments, the amounts of
individual New Supplemental Assessments, and any other matters related to the proposed New
Supplemental District, the New Supplemental Assessments, the Reduced Project, or the
Engineer's Report; and any interested person may appear and object to or express support for
any of the foregoing.
3. The Town Clerk is hereby directed to cause a notice of said public hearing
to be given by mailing notices thereof, together with assessment ballots, in the time, form and
manner provided by Section 53753, and upon the completion of the mailing of said notices and
assessment ballots, the Town Clerk is hereby directed to file with this Town Council an affidavit
setting forth the time and manner of the compliance with the requirements of law for mailing
said notices and assessment ballots.
4. In addition to the mailing of notice of hearing and assessment ballots
pursuant to the foregoing Section 3 of this resolution, which assessment ballots shall be provided
to the owners of those parcels upon which a New Supplemental Assessment is proposed to be
levied (the "Official Ballots"), the Town Clerk, in coordination with Meyers, Nave, Riback,
Silver & Wilson, serving as bond counsel to the Town for the New Supplemental District ("Bond
Counsel") and the Town Attorney, is hereby directed to cause the preparation and mailing of a
notice of hearing and advisory assessment ballots (the "Advisory Ballots") to the owners of the
nine (9) parcels for which the Town is contributing the amount which represents the portion of
cost and expense allocable to such parcels on account of the special benefit conferred on such
parcels by the Reduced Project, it being the wish of this Town Council to provide an opportunity
for such owners to complete and submit an Advisory Ballot with respect to the parcel they own,
even though this Town Council, on advice of Bond Counsel, understands that by law such
Advisory Ballots cannot be considered in determining whether a "majority protest" is established
with respect to the proposed New Supplemental District.
5. Based upon the finding and determination set forth in the last recital
paragraph above in this resolution, this Town Council further finds and determines that the
requirements of Division 4 have been satisfied. This Town Council hereby declares that this
action shall represent "final action" for purposes of Section 3012 of Division 4.
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6. This Town Council hereby expressly finds and determines that the
Reduced Project is categorically exempt from the provisions of the California Environmental
Quality Act ("CEQA"). This Town Council hereby directs the preparation of a Notice of
Exemption, indicating that the Reduced Project is categorically exempt from the provisions of
CEQA, and further directs that said Notice of Exemption be filed with the Marin County Clerk
for posting in accordance with CEQA.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon, State of California, held this 2nd day of June, 2010 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE OPI, T WN CLERK
Fraser, Fredericks, O'Donnell, Slavitz
None
Collins
J E "A IT CTING MAYOR
TO OF
1430851.3
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