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HomeMy WebLinkAboutTC Agd Pkt 2006-05-08 I" ~ TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 ,..--- May 8, 2006 6:30 P.M. - Interviews 7:00 P.M. - Special Meeting 8:00 P.M. - Closed Session (Approximate time) ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.cLtiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. . -, Agenda - Town Council Meeting May 8, 2006 Page 2 of 4 AGENDA INTERVIEWS · 6:30 p.m. - Cathy Frymeier, 9 Linda Vista Avenue - [Design Review Board Applicant] · 6:40 p.m. - Ida Mae Berg, 1915 Mar West Street - [Heritage & Arts Commission Applicant] · 6:50 p.m. - Donald Pino, 108 Marinero Circle - [Heritage & Arts Commission Applicant] CALL TO ORDER AND ROLL CALL Council member Berger, Councilmember Fredericks, Council member Slavitz, Vice Mayor Gram, Mayor Smith ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. , Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to th~ appropriate Commission, Board, Committee or staff for considerationand/or placed on a future Town Council' meeting agenda. Please limit your comments to no more than three (3) minutes. 'PUBLIC HEARING 1. Recommendation by Director of Public WorkslTown Engineer - Formation of Del Mar Valley Undergrounding Supplemental Assessment District Those homeowners who have not yet submitted a ballot, or those who wish to change their vote on the ballot already submitted, may do so at any time up to the close of the Public Hearing. a) Project Summary. There will be a brief summary of the project and proposed financing by representatives of the proposed District and Staff. b) Public Hearing. Speakers will have three (3) minutes and will be asked to state their name, address and identify the property they own or represent within the proposed Assessment District. c) Submittal of Ballots. The Mayor will ask for the final submittal of ballots to the Town Clerk. d) Tabulation of Ballots. The Public Hearing will be closed and the Council will take a short recess to allo~ the Town Clerk time to open and tabulate the ballots. e) Results. Based upon the results of the balloting, the Town Council will then discuss the matter and determine how to proceed. If the Council decides to proceed with the formation of the Assessment District, it will adopt the following resolution: (i) A Resolution of the Town Council of the Town of Tiburon Ordering Changes and Modifications - Town of Tiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District (ii) A Resolution of the Town Council of the Town of Tiburon Adopting Engineer's Report, Confirming the Assessment, Agenda - Town Council Meeting May 8, 2006 Page 3 of4 Ordering the Work and Acquisitions and Directing Actions with Respect thereto - Town of Tiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District ADJOURNMENT - TO CLOSED SESSION DURING BALLOT COUNT RECESS CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGTION (Section 54956.9(a)) Siciliano v. Town of Tiburon Mulberg, Bonander v. Town of Tiburon CALL TO ORDER FOLLOWING CLOSED SESSION ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Smith will now continue hearing on Public Hearing Item No.1, section (e). CONSENT CALENDAR 2. 'Approval of Town Council Minutes - April 5, 2006 3. Approval of Town Council Minutes - April 19, 2006 4. Recommendation by Interim Director of Administrative Services - Accept March 2006 Town Investment Summary 5. Recommendation by Director of Community Development - Approve Professional Services Agreement for Traffic Mitigation Fee Program 6. Recommendation by Chief of Police - Approve Professional Services Agreements with County of Marin a) Dispatch Services b) RMS (Record-keeping) Services 7. Recommendation by Interim Town Manager - Add Belvedere- Tiburon Joint Recreation Department as Insured under Town's Liability Insurance Program 8. Recommendation by Belvedere-Tiburon Library Agency - Support of Proposition 81 - Library Bond a) A Resolution of the Town Council of the Town of Tiburon in Support of Proposition 81, Library Construction Bond " Agenda - Town Council Meeting May 8, 2006 Page 4 of 4 APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES · Heritage & Arts Commission - (One Vacancy) · Design Review Board - (One Vacancy) ADJOURNMENT .. to regular meeting scheduled for May 17, 2006 FUTURE MEETINGS · Homeowner's Summit - June FUTURE AGENDA ITEMS · Interviews for Pending Library Board Vacancy - (May 17) · Resolution Commending Sgt. Robert Rossi for 34 Years of Service to the Town - (May 17) · Resolution Commending Kris Krasnove for Service to the Town - (May 17) · 3rd Quarter Financial Report, FY 2005-06 - (May 17) · Appoint Replacement for Kris Krasnove to Marin Map JPA - (May 17) ~' Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . e. .. . . . . . . .'. . . . . . · . · . .w . .. . . ... oW . .. · . · · · · SUBJECT: MAYOR SMITH AND MEMBERS OF THE TOWN COUNCIL TOWN CLERK CRANE IACOPI APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES .. DESIGN REVIEW BOARD VACANCY '.. . -1 f.. .... ,'. April 5, 2006 REVIEWED BY:~ TO: FROM: MEETING DATE: . . ._ . . . . . . .. . . .. I' ... 10.. .. .. . .... . · · . '. . . .. . .. .. ..- I' BACKGROUND On March 1,2006 the Town Council appointed Emmett 0' DonneU to the Planning Commission, thereby creating a vacancy On the Design Review Board. ' At that meeting, the Council also interviewed three other candidates for the Planning Comm.ission vacancy: . Jack Mavis, 401 Paradise Drive . Frank Glassner, 11 Turtle Rock Court . Cat IS venue Since that tim~, all three applicants have contacted the Town to express their interest in the vacancy on DR.B" In addition, a new application has been , received from Don Baum, 2 Bartel Court (who is scheduled for an interview prior to this meeting). The Council has the option of appointing any of the. applicants listed above under its Appointments Procedure (Resolution No. 3263). Likewise, the Council may appoint any sitting commissioner or boardmember; or, it may appoint any other applicant who has been interviewed during the'last year. ' RECOMMENDAnON That the Council consider an appointment at its April 5, 2006 meeting from among the current applicants, or direct staff to do the foUowing~ a) continue to advertise the vacancy; b} schedule second interviews with any applicant on file EXHIBITS --Letter of Interest and Application of Don Baum -Letters of Interest and Original Applications of Jack Mavis, Frank Glassner, Donald H. Baum 2 Bartel Court Tiburon, CA 94920 415-215-1330 March 20, 2006 Via hand delivery Town of Tiburon Town Council Re: Design Review Board Appointment \D)~~~PJl~~ \rU MAR 2 1 2006 lID TOWN CLERK TOWN OF TIBURON Dear Town Council: I hereby submit my application to serve our community as a member of the Design Review Board. I would welcome the opportunity to explore how I would add value to our town and assist in the continuing improvement of our neighborhoods. I am a principal with Ascent Property Investments, Inc. a real estate investment fmn. At Ascent, we invest in value-add multi-family and commercial real estate, realizing the potential in properties for our investors. Prior to founding Ascent, I advised ongoing real estate enterprises concerning their strategies, operations and legal needs, having served as General Counsel and lead outside counsel for several businesses during the course of my career. I have attached my C.V. for your perusal. I have significant experience in the evaluation and execution of real estate development and rehabilitation plans. I've teamed with design and engineering professionals, developers, government agencies, contractors and community constituents to develop and improve various real estate endeavors. Coupled with a my personal enthusiasm to serve our community and assist in maintaining those aspects of living in Tiburon that my family and I have come to cherish, I submit that I would be an objective and productive member of Tiburon' s Design Review Board. Thank you for your consideration. I look forward to hearing from you. <<FE ~} I-flJ LJ CA};1~ ------- \ 'Do/vi ;SA-uti l Instructions and Application to Serve on a Town Boardtt Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk *********************************************** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) xxx PLANNING PARKS & OPEN SPACE DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LffiRARY MAWNCOMmnSmONONAGmG BICYCLEIPEDESTRIAN ADVISORY COMMITTEE JD) ~,~ ~ ~ W~ ~ fro MAR 2 1 2006 W 1 TOWN CLERK TOWN OF TIBURON PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: MAILING ADDRESS: 2 lJonal.d H. jjaum Bartel Court Tiburon, CA 94920 TELEPHONE: Home: L,l.:SJ-~L,lLU W k 415-215-1330 F N 415-435-3977 or : ax o. PROPERTY OWNERS' ASSOC. (If applicable) 1 TIBURON RESIDENT: (Years) DATE SUBMITTED: March 13, 2006 REASONS FOR SELECTING YOUR AREAS OF INTEREST Please see my attached cover letter. APPLICABLE QUALIFICATIONS AND EXPERIENCE Please see my attached cover letter and C.V. ---------------Town Hall Use -------------- Date Application Received: J - 2/- 0 ~ Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: 2 Donald H. Baum 2 Bartel Court Tiburon, CA 94127 415-215-1330 dbaum@ascentproperty .com EXPERIENCE ASCENT PROPERTY INVESTMENTS, INC. San Francisco, California 2003-present PRINCIPAL . Founded real estate investment firm with quasi-institutional investor sponsorship. . Oversee prospecting, finance, repositioning, operation and profitable sales cycle of portfolio of investment properties; supervised 1031 re-investments and distributions. . Establish and improve relationships with equity and debt finance sources and network of commercial brokers to continually improve financial terms and prospect new investments. . Partner with capital sources to analyze and underwrite compelling value-add investment opportunities in targeted submarkets and track existing investment performance. . Consulting/advising various real estate entities regarding specific transactions, acquisitions, investment fund creation, legal/business needs. THE MARCUS & MILLICHAP COMPANIES Palo Alto, California 1997 -2003 GENERAL COUNSEL-PACIFIC PROPERTY COMPANY 1998-2003 . Core member of Executive Team; Corporate Secretary. Confidant and advisor to Board of Directors, Owners. . Responsible for all legal facets of expanding West Coast real property investment firm, value-add multi-family emphasis; O-to-4,OOO +/- units. . Structured, negotiated and provided legal oversight for all acquisitions, rehabilitation/operations and dispositions of real estate investments; acquisitions exceeded $500 million during tenure. . Coordinated all project finance and debt/equity participation opportunities, often with national capital partners; helped foster and improve institutional investor relationships. Capitalized on complex joint venture equity and finance/refinance opportunities, including CMBS and portfolio loan products. . Created and helped operate captive general contractor-rehabilitation entity whose receipts exceeded $20 million to facilitate repositioning of investment properties; primary liaison for governmental interaction/approvals. . Supervised successful private placement investment offering/syndication among affiliated entities' executive personnel/shareholders; assisted in documenting key information disclosure obligations. . Directed deal and entity structure/formation to assist acquisition and finance objectives and minimize tax implications of transaction activities/results. . Lead Due Diligence Officer; coordinated all 3rd Party DO efforts; senior legal executive providing counsel and oversight on all property operations, lease activities; created value-add asset plans. . Supervised and directed all company insurance procurement and litigation efforts; directed multiple outside counsel/consultants. ASSISTANT GENERAL COUNSEL-THE MARCUS & MILLlCHAP COMPANY 1997-2001 . AGC and Interim Counsel (99-01) for holding company of real estate conglomerate of companies including investment firms (commercial and residential/multi-family), national brokerage firm, financial services companies, and California developer, among others. . Multi-faceted projects included: improving conglomerate business lines of credit and enhancing parent equity capital sourcing and documentation; expanding capital sources/opportunities for all subsidiaries; assisting in tax-beneficial restructure of operating companies; improve annual corporate formalities for parent and subsidiary entities, on-going shareholder relations and reporting/disclosure documentation, assist and review of company-wide insurance placements, national contract negotiations. . Transitional counsel for real estate conglomerate holding company in between Managing Director- General Counsel hires. ASSISTANT GENERAL COUNSEL-SUMMERHILL HOMES 1997-2001 . Assisted in governmental approval/entitlement process for various projects; worked with DRE, government officials and outside advisors to obtain various development project approvals. 10f2 . Negotiated and drafted construction loans/take-out financing, development/construction forms, development agreements, consultant agreements, subcontracts and related materials. . Supervised/directed all litigation efforts ($50 million +/- in claims at anyone time). . Mentor/counsel Customer Service Department; helped revise customer service/warranty process, forms, policies and procedures to improve efficiency and customer satisfaction. ' . Coordinated company's insurance procurement (1st and 3rd party) resulting in more comprehensive coverage and service. ASSISTANT GENERAL COUNSEL - MARCUS & MILLlCHAP REAL ESTATE INVESTMENT BROKERAGE COMPANY 1997-2000 . Mentor/advisor to 500+/- agent national commercial investment brokerage company. . Coordinated all legal efforts for national brokerage expansion; assisted in the multi-jurisdictional real estate brokerage licensing, office openings, and created standardized operating forms for new offices in several jurisdictions. . Negotiated national market research database internet licensing agreements; office leases. . Created Natural Hazard Disclosure Program for California brokerage including development of national account contracts and insurance with professional providers. . Direct handling/supervision of disputes involving brokerage company including trials, arbitrations, and appellate court arguments; supervision of outside counsel assisting in brokerage defense. MILLER, STARR & REGALIA OaklandlWalnut Creek, California 1990-1997 . Attorney at California's preeminent real estate law firm. . Represented developers, financial institutions, title insurers, and large/national commercial property owners and investors in multitude of legal matters (transactional and litigation). . First and Second Chair trial/arbitration experience, from the inception of claim through collection; research and draft appellate filings; First Chair development fee protest experience, from city counsel hearings to resolution. . Investor/owner representation in commercial sales and leasing activities; operations counsel. . Primary Cumis counsel to several developers in multi-million dollar claims. . Marketed firm and originated clients; drafted articles for trade publications; planned 1995 retreat. w. H. BRADY COMPANY, SIGNMARK DIVISION Chicago, Illinois; Detroit, Michigan 1985-1987 . Territory Manager/industrial product manufacturer's representative for multi-state territory; became automotive manufacturing plant specialist. . Motivated/educated multi-state distributor network; exceeded sales goals (over $1 million/year). . Led country in Right-to-Know product line sales (1987). EDUCA TION UNIVERSITY OF SAN FRANCISCO SCHOOL OF THE LAW San Francisco, California Juris Doctor, 1990 . 1987-1989 McAuliffe Honor Society; 1988-1989 Moot Court Board; 1989 Regional Quarter-Finalist National Appellate Advocacy Competition; 1988 Semi-Finalist Advocate of the Year Competition; 1988 Moot Court Best Brief; 1988-1990 Budget Committee; 1990 Graduation Committee. . 1988-1989 Judicial Extern to the Honorable Ira A. Brown, Jr. (deceased), San Francisco Superior Court Law & Motion Department; researched law, applied facts, conferred with Judge and drafted Orders of the Court. . 1990 Street Law Teacher - Sunshine High School, San Francisco, California INDIANA UNIVERSITY, KELLEY SCHOOL OF BUSINESS Bloomington, Indiana Bachelor of Science-Business, 1985 . Nationally acclaimed Business School; Marketing emphasis. . <J>b.8 member, officer; Inter-fraternity counsel officer. I.U. Sing participant. PERSONAL Don and his wife have two girls, who are 10 and 6. Don is an avid water/snow sport enthusiast and enjoys golf despite a lack of talent for the game. Don is also a vintage British car fan.H Donald H. Baum 2of2 Diane Crane lacopi From: nt: J: Subject: Jack Mavis Dack_mavis@hotmail.com] Thursday, March 09, 20069:43 AM Diane Crane lacopi Design Review Board Hi Diane - I am interested in applying for one of the positions on the Design Review Board. Thanks, Jack Mavis 1 (j) lD)~~~~W~~ Jl1l FEB - 3 2006 l!!J 'WWN CLERK .faWN OF TIBURON Instructions and Application to Serve on a Town Board"l Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) #1 PLANNING PARKS & OPEN SPACE DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 J~k /tfAVlf ~- PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: John (Jack) Mavis MAILING ADDRESS: 407 Paradise Drive, Tiburon, CA 94920 TELEPHONE: Home: 435-2437 Work: Fax No. PROPERTY OWNERS' ASSOC. (If applicable) Pt. Tiburon Bayside TIBURON RESIDENT: (Years) 20 DATE SUBMITTED: 2/2/06 REASONS FORSELECTfNG YOUR AREAS OF INTEREST SEE ATTACHED SHEET APPLICABLE OUALIFICA TIONS AND EXPERIENCE SEE ATTACHED SHEET ---------------------------------------------- Town Hall Use ------------------------------------------------- Date Application Received: :L- ~...~~ Interview Date: J -1- D ~ Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: 2 REASONS FOR INTEREST IN THE PLANNING COMMISSION . Desire to Maintain the Town Character of Tiburon . Strongly Committed to the Tiburon General Plan . Willing to Dedicate the Necessary Time to protect Our Quality of Life APPLICABLE QUALIFICATIONS & EXPERIENCE . Retired CIO of a Transamerica Real Estate Company . Planning Director at Several Companies . Real Estate Investor . Pt. Tiburon Bayside Condominium Association Board Member & Past President . Have attended Planning Commission Meetings & Participated in Sub-committee Work . Have attended Town Council Meetings Page 1 of2 Diane Crane lacopi From: Frank Glassner [fglassner@cdgworldwide.com] Sent: Wednesday, March 08, 2006 3:27 PM To: Diane Crane lacopi Subject: RE: Frank Glassner Candidacy for Tiburon Design Review Board From: Diane Crane Iacopi [mailto:DCrane@cLtiburon.ca.us] Sent: Wednesday, March 08, 2006 3:30 PM To: Frank Glassner Subject: RE: Frank Glassner Candidacy for Tiburon Design Review Board Thanks, Frank. I will pass this on to the Council. Regards, Diane Crane Iacopi Tiburon Town Clerk -----Original Message----- From: Frank Glassner [mailto:fglassner@cdgworldwide.com] Sent: Wednesday, March 08, 20063:22 PM To: Diane Crane Iacopi Subject: Frank Glassner Candidacy for Tiburon Design Review Board Dear Diane: Thank you so much for your letter in re: the results of The Planning Commission Interview. Per our discussion, please consider this communication as my "official" notice for the Design Review Board Vacancy. I've attached a fresh copy of my bio, and also want to add that I grew up in a homebuilding family (Chicago), and can read and write blueprints and mechanical drawings. I adore architecture, and feel that I could make a significant contribution to my town. Best Regards, Frank Frank B. Glassner Chief Executive Officer COMPENSATION DESIGN GROUP, INC. 590 Madison Avenue - 21 st Floor New York, NY 10022 Main: (212) 813-1212 Direct: (415) 618-6060 Mobile: (415) 515-0010 Fax: (415) 618-6065 E-Mail: fglassner@cdgworldwide.com URL: www.cdgworldwide.com 03/28/2006 (]) DIGEST ~~~~~~~~ IIl1 NO V 1 7 2005 l1iJ l'DWN CLERK rDWN OF TIBURON Instructions and Application to Serve on a Town Boardot Commission or Committee The Town Council considers appointments to various' Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to hroaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to ( 415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk . * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) 'L 1 PLANNING # PARKS & OPEN SPACE DESIGN REVIEW # RECREATION HERITAGE & ARTS # DISASTER PREPAREDNESS LIBRARY # MARIN COMMISSION ON AGING BICYCLEIPEDESTRIAN ADVISORY COMMITTEE # # # 1 f1 - ./1[' l ~ "1, . /"\ ."..--- / j~ /,' / J, ' . ~ ./ " , / f1 \,4IV 1<-. G: / ~ ~L:i\ PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: frank B. Glassner MAILING ADDRESS: 11 Turtle Rock Court TELEPHONE: Home: ",-I.I/.L'I W k 618-6060 or : F .N 618-6065 ax o. PROPERTY OWNERS' ASSOC. (If applicable) 4 TIBURON RESIDENT: (Years) DATE SUBMITTED: 11/15/05 REASONS FOR SELECTING YOUR AREAS OF INTEREST SEE ATTACHED APPLICABLE QUALIFICATIONS AND EXPERIENCE SEE ATTACHED ------------------------ Town Hall Use -------------------------- Date Application Received: I ( - I ? - ~, Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: 2 FRANK GLASSNER'S REASONS FOR SELECTING HIS AREAS OF INTEREST (Design Review Board or Planning Commission) I am an avid supporter of the Tiburon community, and want to assist by serving on either the Design Review Board or the Planning Commission. The Town of Tiburon is unique in nature, and I feel that I can add value by focusing my efforts and expertise on the continued economic development and/or redevelopment of The Town. 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"'1 ~ "'-' :::s ..... :::s 0 -< : ~," ~ ~ (t) "'. ~ "'. 00 (D !" :::s * ~ ~ 5' ~ (t) n:> 0.. ~ a ~ CD c: 0 0 I'" n P:l ....... _. ao en 0.. ......;, a ' - = 0 0 (D en (D' ~ :.~, 0.. ao 0 ~ ~ en ~ ~ :;,:: ......;, '0 (") ~ :::s -. ~ 00' 0 (t) 0 ::3 0.. a :::s 0 en.. tTl s- ~ ~ K5 ~ 5': a ~.;:, ~ ::t (D "'1 ~ (D'~ (D 0 :~ g :=j 0 ao '"'i en o:::s.,::t. P:l en ~ '-< "'. 0 (jj 'iJ: " -< ~ ~. ~. ~ g is ~_. ~ ; ::, (D (t) 0 ~ a ~ - -. as 0 .@ ~. g. 5' a ~. :::r n . EB '0 :::s = w' 0 a ~ > n "'1 (") ~ r-i- ~ ....... 0.. (D ~. g ;- a ~ ~ ~ ~ ~ a ::to ~ 15 . (D - 15 . ......;, P:l -< n :::: U 0 = (D ::to "'. 0 ~:::: 0.. (") l....o. '"'i ~ g.rn :< March 25, 2006 Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 [0) ~~~iW~ nil 1111 MAR 2 7 2006 W T.OWN CLERK TOWN OF TIBURON Dear Diane, It was a pleasure talking with you briefly on Thursday regarding the vacancy on the Design Review Board. I am interested in becoming a member of the Design Review Board for the following reasons: 1. Preserving the beauty of Tiburon 2. Keeping the integrity of its building(s) in compliance with Town guidelines 3. Interested in architecture, design and planning of commercial and residential structures 4. Involvement within the Town's community 5. Applying diplomacy skills when working with Town residents in reference to their homes Although my professional background is banking and finance my father is a Civil Engineer - Architecture and Design. I worked for his company many summers while in high school and college. During that time I worked with architects and engineers on various projects; from a formal living room design to the details of professional athletic sports arenas. I was exposed to site plans, computer aided design(s), fee analysis, contractor interfaces, liability contracts, etc. I like design and architecture very much. I appreciate that Tiburon residents often want to make a design statement and/or simply remodel a small bathroom. On either account there is a style that must be maintained to keep Tiburon and its homes indigenous. As well, guidelines set by the Town must be adhered to and respected; many times I am certain that is a fine line. My husband and I have remodeled our home in Tiburon with Hadley Construction. One of the main reasons we use Hadley is their sense of style, their design acumen, their non- overbearing approach to building in Marin County and their appreciation for Tiburon - our community. I have been impressed by and learned from Hadley's ability to serve as many masters as they do; keeping their clients happy yet adhering to Town guidelines. I am looking forward to the opportunity to serve our community in a manner that utilizes my skill set. I will look forward to hearing from you as to the next steps to procure a possible position on the Design Review Board. (]) Thank you for your time and attention to this letter. Sincerely, Cathy Frymier 415-789-5330 JD) ~~~~w~ ~ fro FEB 1 3 2006 W February 09, 2006 TOWN CLERK TOWN OF TIBURON Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Town of Ti buron, My interests in becoming a member of the Planning Commission are two fold. First, my background in municipal and public finance draws me to the position and second, my love for the Town as a full time resident. The majority of my professional career has been spent learning and understanding the financing mechanisms available to municipalities within the State of California. In doing so I have learned a great deal about municipalities and what makes them prosper; both from a financial/investment standpoint and from the residential perspective; the communities quality of life. I would like to apply this knowledge and interest to our town. Since moving to Tiburon in October 2001 I have wanted to become involved with the Town and its inner workings. I now have some additional time to commit to these interests. I hope that you will have interest in someone with my background on the Planning Commission. Thank you for your time in reviewing my information and I'll look forward to hearing from someone at the Town. Sincerely, r*'~ r\ (.' "}J) Cat~F~.".,.. .,.mi~r \t, f~. '.t!.. ~\ ,.X~ r ~ \.Iv I \ . /1 \~ . ,I L i \ C/~ H f r~ ljl! Iii, CATHERINE E. FRYMIER 9 Linda Vista Avenue Tiburon, CA 94920 (415)505-8630 cfiymier@mac.com EXPERIENCE TRADEWEB, LLC., San Francisco, CA 02/02-03/03 Vice President/Sales Hired to establish West coast office for Tradeweb, LLC. Responsibilities included selling/marketing Tradeweb products and services to institutional money managers, hedge funds, trust departments, regional broker/dealers, and other active traders of liquid fixed income securities. GOLDMAN SACHS, & CO., San Francisco, CA 07/98-10/00 Vice President/Institutional Fixed Income Sales Hired to build a new fixed income institutional client base on the West coast for Goldman Sachs. Clients included corporations, money managers, municipalities, and fmancial institutions with investable assets from $1-$5 billion. Products distributed/product knowledge: US Corporate Bonds/MediumTerm Notes, Mortgage Backed /Asset Backed Securities, All Money Market Securities, Municipal Bonds, and US Treasuries and Agencies. Accomplishments: Established working relationships with over 75 new institutional clients (Account contacts included CFO's, Treasurer's, Portfolio Managers, and VP's of Finance) Communicated with account contacts at least weekly Performed and monitored fixed income investment strategies for accounts Facilitated product development for west coast sales force Assisted in recruiting/hiring salespeople for the Western U.S. Chosen to be a member of the undergraduate recruiting team Appointed to the first Women's Fixed Income Networking Committee FIDELITY INVESTMENTS, San Francisco, CA Vice PresidentlInstitutional Money Management Sales Vice President/Senior Institutional Sales-Los Angeles. CA FIRST INTERSTATE BANK, LTD. (STANDARD CHARTERED BANK), Los Angeles, CA Securities Sales & Trading-Vice PresidentlInstitutional Sales BOATMEN'S NATIONAL BANK, St. Louis, MO Institutional Fixed Income Sales-Investment Officer FEDERAL RESERVE BANK, Kansas City, MO Financial Analyst EDUCATION KANSAS STATE UNIVERSITY, Manhattan, KS B.A.- Emphasis Business Administration INTERESTS Junior League of San Francisco, Sunny Hills Children's Garden Council (Co-Chair Fundraising Event) Habitat for Humanity, sailing, hiking, cycling, travel and our yellow Labrador 12/96-06/98 2/94-12/95 8/89-2/94 1/86- 7 /89 1/85-12/85 1984 TOWN OF TIBURON COMMISSION.. BOARD & COMMITTEE APPLICATION ,.r,,::;,~ The Town Council considers appointments to various Town com mi~~Jon~,;:i boards and committees throughout the year due to term expirations and unfo";;,, . .....'.,. vacancies. In an effort to broaden participation by local residents in Tib~~~;,~.: governmental process and activities, the Council needs to know your inter!!~';:!!~' serving the Town in some capacity. -"k,'"" ; :;'-,\::::~,:-(., .'"",: ....; Please indicate your specific areas of interest and special skills or exper~~~~,~" which would be beneficial to the Town, by com pleting both sides of this forD:t'18~~" returning it to Town Hall. The application form can also be found on the TtO~I!:~~ website, www.cLtiburon.ca.us. ~t:'/'::"'.; j' . ~ <- -; ......: ' . ;i" . Copies of the application will be forwarded to the Town Council a;f~~ informal interview will be scheduled when a vacancy occurs. Your applicati~~i;~JI remain on file at Town Hall for a period of one(l)year.:;":;/,":':\;,,?';,: Thank you for your willingness to serve the Tiburon community. l1,.,.,e' .,.,/~/: . / . I . /' /., / / i , /Ct),4( Diane Crane Iacopi Town Clerk \;,;,-:,",',\:,-';-',',;;",;,;;.;-".,:/ "":,i:.,!; L"::":':>.,;iD}.:;:" ,', ....",;- ,- \i},.:j:::{\~}:'.'/~',;':f! " AREAS OF INTEREST .':'!-\:~ ,;,:::!,.:::\;"1 ...";.'...'...,'..',.'."...'.'.,'..,"...'.-..'.',..'...:'....'...'...1, \., ..L,:.."" ....- -." ,- ~;:-:,:/ <f;/{i:,\'~;}.':;:;::;,:":::' };. "",", .-~",.:...<-">:;..> Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) X PLANNING. ' , .:~ P A:RKS~-OPEN SPACE"" DESIGN REVIEW JT. RECREATION'COMMITT'EE' HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING BICYCLEIPEDESTRIAN ADVISORY COMMITTEE ~ ~E~ ~ ~ ~~!~I 1 laWN CLERK TOWN OF TIBURON PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: (Yl €..of' Street & Mailing ADDRESS: . <=1 L'ndO-.. \j \ s+R e-mail = c.. ~(' Lj ~ I E'..\' ~ (Y)G----C . CO (Y) TELEPHONE: Hom.J ~q 53?J) Work: Fax No. PROPERTY OWNERS' ASSOC. (Ifapplieable) L'I -t:od Cove TffiURONRESIDENT: (Years) ~ DATE SUBMITTED: ~&2/aco(p REASONS FOR SELECTING YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] APPLICABLE QUALIFICATIONS AND EXPERIENCE [ ATTACH ADDITIONAL PAGES, IF NECESSARY] ------ Town Hall Use -----~------------------------ Date Application Received: ~""/~-'O " Interview Date: ~ --1--1) ~ Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app(4/05) 2 PERSONAL DATA Only computer-generated or typewritten copy will' be accepted; Attach separate pages, including resumes and coyer letters, if necessary. NAME: ' Street" MaUing ADDRESS: I q /5 . >>1M/ tv J e-.mail= TELEPHONE: BODle: (f.,J~ 3:>.!!4' W~rk: ~ Fax 'No. r-- PROPEIlTY OWNERS' ASSOC. (Ifapplleable) '4f-t ~ .. ~t1 ~ , TIBURONRESIDENT:(Yean) 'f3 DATE SUBMITTED: ~ ,REASONS FOR SE~CTING . '{' YOUR AREAS OF INTEREST APPUCABL:E QU~CATIONS ANDEXPWENCE ,.. , TOWIl iliaD Use Date ApplieatioB Reeeived:' f'L.r-o~ 1Dtervi8w Date: AppoiDted to: (Com.Dl_O., Board or Committee) (Date) Date Term ~pires: " , ", . .. LeDgth of Term: S:dcrane:comm.app (4/05) ',! . ~-- .... . -..'\:.' 2 ,DIG,EST TOWN OF TmURON COMMISSIONtt BOARD & COMMITTEE APPLI,CA TI'ON , The Town Council considers appointments to various Town commi 'boards and committees throughout the year due to terDlexpiratioDS and unfo ~acaDcies. In an effort to br~aden ,participation by local residents in Tib, governmen*al process and ,.activities, the Council. needs to know yo'ur iote . '..' o' _.i .$" serving the Town in some capacity. ,'~ ' Please indicate YOUf specific areas of interest and special skills or exp which would be beneficial to the Town, by com pletin,g both sides of this for returning it to Town'Hall. The appDcatioD form caD' also be found on the website, www.cLtlburon.ctl.us. ,- Copies of the .pplicatioD wiD be forwarded to the' Town CouncD , informal iatervlew will ))e scheduled when' a vae,.ney occurs. Your .pp_ieRti remaiD DB Ole at Town HaU,for,a.~perjo,d9foD:e.(1)y~ar. ,. , ' Thank you for YOU.f willingness to serve the Tiburon eomm nitj.: , , '..../1V~, '. '" ,; ;' ...Diane Crane Iaeopi, Town Clerk * * * * * **,*.* * *.**"'*,. **'*. * * ** * *, * *..,* ate*,'* * * * * *_*I~ ~*,* * at: AREAS OF INTEREST Please Indicate Your Area(s) oflDterest in Numerical Order (#1 BeiDg the Greatest Interest). PLANNING R PARKS &, OPEN SPACE DESIGN REVIEW JT. RECREATION COMMIT I HERITAGE & ARTS DISASTER PREPAREDNESS ~LmRARY 3 MARIN COMMISSION ON BICYCLE/PEDESTRIAN ADVISORY COMMITTEE ti ~(C~I'~ ml 1 IIll APR 2 5 2006 \ill TOWN CLERK TOWN OF TIBURON l , \ RECEIVED 7 2006 , . PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and coyer letters, if necessary. NAME: [)Ofi/Jr1,.D PINO Street & Mailing ADDRESS: tog f11rR IN E:R 0' C I R. T /13 " ot Lf 0; .10 e-mail =./X;IV,A(L"C>-S-PINO~ sec 6 LuBIt'L-. I\JG/ ' TELEPHONE: Home: 5"/" 5'1 I 'Work: Fax No. ~~'1 I 7 fp Lf PROPERTY OWNERS' ASSOC. (lfapplietble)t1.{1?f AlGJ?O .1(~16'lffS 1+0 A TIBURON RESIDENT: (Yean) 2- DATE SUBMITTED: 4/;J. 7 /0 Ie:, , I REt\SONS FOR ~C~G I YOUR AREAS OF INTEREST .J~J.iJuib · .~~~.., .' ~ [A1TACHADDmONALP~$AAY1 a.-ol .. .. .. .... . ~~ .. - ~ ~~..i-Vu.~a;. AlPUCAB~=CATIONS AND EXPERJENC:e c h.uS EV M) '/ Town BaD Use Date Application Reeeived: 1(.-2?: ~Or Interview Date: r; r r/{) ?, . & ~ L/(I! /Yl ' Appointed to: (ComIllissioB, Board or Committee) (Date) Date Term Expires: LeBgth of Term: S:dcrane:comm.app (4/05) 2 DI,GEST TOWN OF TffiURON COMMISSION, BOARD & COMMITTEE APPLIC ATION '., rheToWB Councll'considers' appolntments to va~ious Town comm'. boards and committees throughout the year due to term expirations and ,Dnll vacancies. In an effort to broaden participation by local residentsinTib governmental process and activities, the Council needs to know your iDte serving the Town in some capacity. Please indicate your specific areas of interest and special skills or, exp which would ,be beaeficlal to the Town,.by completing both ,sideS of, this for returDing it to Town ilan. The application form caB also be found on the web site, , www.cLtibllron.clLlIS. , Copies ,of theapplieatioD Will befonvarded to the TownCoBneU informal interview will be scheduled when a vacancy OCCUR.. Yoar applieati remai~ on file at Town Ban for a period or ODe (1) year. Thank you for your willingDess to serve the Tiburon community. . ... rl~. Diane Crane Iacopi Town Clerk ********************************.*********** AREAS OF INTEREST Please bldicate Your Ar.(s) of IDterest in Numerical Order ~lBeiDgaeG~"I.enR) PLANNING PARKS & OPEN SPACE DESIGN REVIEW JT. RECREATION COMMIT ,J(' HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON BICYCLEIPEDESTRIAN ADVISORY COMMITTEE /D) ~ c fro APR 1 TO\IVN\j6iEaK TowN:<:?frJ~BJaoN ~. . r: ' . ~,. ~~ Town of Tiburon STAFF REPORT / AGENDA ITEM . . . . .. . . . .. . I. . ,iI ,. . . · . · . . " .. · ... '.1 · .. . · iii · . · · . 1- .. TO: Mayor and Town CouncUmembers , Dave Bernardi, Deputy Town Engineer Troy Bassett, Project Coordinator Proposed Del Mar Valley Utility Undergrounding Supplemental Assessment District FROM: SUBffiCT: MEETING DATE: May 8, .2008 REVIEWED BY: . -+J- . . .' . . . . . . . .. .. .. . .. . . . .1' ". . _., . .. .. .. . · . I: · . . .. . Ii. · iii .- BACKGROUND AND DISCUSSION In May 2005, the Town Council approved a Resolution adopting the Del Ma.r VaUey Utility Undergrounding Assessment District Engineer's Report and confirming an assessment for thepropo.sed Utility Undergrounding Assessment District. 71.010 of ,the District property owners had voted to approve the proposed prOject at the same meeting.. The District Engineer had calculated assessments using construction cost estimates based on preliminary design information. The Council adopted the Res.olution authorizing the issuance of limited obligation improvement bonds on July 13,. 2005; and the District Engineers began the engineering, design work for the constrl:'ction project. As staff has explained in prior meetings, the construction industry experienced exceptionally high inflation in the period following the formation of the ,District. Accordingly, the District Engineer prepared a revised construction cost estimate in January, 2006 after the completion of construction documents, which was substantially higher. than the fundingavanable from the assessment ,confirmed in M.ay 2005. The Town Council adopted a new Hesolution of Intention on February 1, 2006, beginning t.he process required. in order to forma supplemental district to fund the anticipated shortfall. The Town obtained construction bids and the District, Engineer prepared a preliminary. Engineer's Report using actual bid amounts, rather than engineering estimates. On ,March 20, 2006 the Town Council adopted Resolution 18-2006 preliminarily approving the supplemental Engineer's Report and direotingrelated actions, including setting the date for balloting, mailing ballots., recording the bounda~ map, etc. The ballots, a notice of assessment and description of the assessment method, were mailed to property owners on March 24, 2006. Staff recorded the boundary map at the County of Marin. The resolution set MayS as the public hearing date for ballot tabulation and Council consideration of a resolution formally establishing the district and confirming the assessments. The Final Engineer's Report attached, (Exhibit A) summarizes the project costs and the rationale for assessing each properly according to the special benefit that each May 8, 2006 1 of 3 " '\ Town of Tiburon STAFF REp.ORT III III III III .. III III . ... .. . . III III . '....'. . .a.. III III .. III .. . III III .-. . . III .. III property receives; the methodology is identical to that found hi the original report. Harris & Associates will present a brief summary of the report and any modifications since Town Council adoption of the preliminary report. There has been one change. made to the report since Preliminary Adoption of the Report: the District Engineer has discovered that there is one parcel, located at 1 Tanfleld Road, Which is not within the District but appears to receive benefit from the proposed undergrounding. This property takes its utility service and main access from Tanfield Road, which is not part of this undergrounding project. However, because this property has a secondary access point on Hacienda and it has some overhead. wires going over a corner of the property, the District Englneer determined that it would receive half the benefit from aesthetics and half the benefit from safety. It would receive no benefit from serVice 'reliability. ' Becau.se this p..roperty was not included in the Assessment District, its calculated total assessment ($6,778) has been deducted from the contingency and not assessed to the rest of the propertiesln the District Harris has represented to Staff that they will reimburse this amount to the contingency fund.. The Town has held two property owner informational meetings at. Tovvn Hall; aMeon April 17 and a second just prior to this Public Hearing to provide p.roperty owners within the proposed district an opportunity to preview the Engineer's Report and ask questions of the district engineers, bond counsel, bond underwriter and 'Town staff. Bond Counsel Scott Ferguson has prepared the attached resolutions (Exhibits Band C). If 50 percent or more of those property owners submitting votes approve the baUot and the Town Council adopts the resolutions, the Town will send assessment notices to property owners. Property owners will have a30-day collection p.eriod, during which they may elect to pay the assessment in cash rather than participate in bond financing. After the cash collection period, the Town CouncilwiU be asked to adopt a resolution authorizing the issuance of bonds. Once bond proceeds are assured, Council can consider award of a construction contract to Ranger Pipelines to begin work on the project. If the baJlotis not approved, by 500/0 or more of those property owners submitting ballots, then the project cannot go forward. Bonds win be recalled and paid off with the existing remaining funds. RECOMMENDATION It is recommended.that the Town Council take the following actions:. a) Receive a presentation by project propone~ts and District Engineer. b) Open the public hearing. May 8, 2006 20f 3 Town of Tiburon STAFF REPORT . ... a.a . . . . . .. o. . . ... . .. . . . . . . . . · .. . .. . . . . . · . · · . c) Upon conclusion of the public hearing, request fi'nal submittal of ballots to the Town Clerk. d) Consider a brief meeting recess while the baUots are opened and tabulated under the supervision of the Town Clerk. e) Upon completion of ballot tabulation, reconvene meeting and receive results of ballot tabulation from the Town Clerk. f) If the weighted majority (greater than 500/0) of ballots supports the assessment, consider adoption of (i) the Resolution Ordering Changes and Modification, ,and (ii) the Resolution of the Town Council ot the Town of Tiburon Adopting Engineer'S Report, Confirming the Assessment and Directing Action With Respect Thereto. EXHIBITS A. Final Engineer's Report B. Resolution Ordering Changes and Modifications C. Resolution Adopting Engineer's Report, Confirming the Assessment, Ordering the Work and acquisitions and directing actions with respect thereto. May 8, 2006 3 of 3 LATE MAIl , Laurence L. &H.I.n E. H.lm.rl 584 Tenay.Drive Tlburon, Cellf.nla,84120 OIIIM." .. ..... T..... of Tlburon ' 1&05 TlburonBoul.,,"" Tlbu......, Callfomla, M'20 RECEIVED .. :..., .. HAY - 8Z006 TOWN MANAGERS OFFICE TOWN OF rlaURON R.terence: Town of T1buro.. Distribution, Individual Service Connections, Utility u.........oun.n.Pre,.." Del ..Vall., A.........nt Dl8IrIot I i May 01 Dea,. Town Mana...: Received. OOPJ at the Town afTlburon DI.trllMdlona. listed ....".... .... shocked at the pre.umptuo.... ton. of the. ....'.It appears Ibat. the I.", attempts to Ioroeusto..... .0" und.......undl...toben.ttt the ......o(?) wi.... of ..... Pi.... be ....... that aooordIdSI let ....ny ..thenel",,,,, wlthw""" .. ...". talked"'. ....,..tl. con".'" ..u.........., andha. ve" little .upport.W. are surprI.ed and ......nted to ... tha' "'T.wnot Tlburon ha. ......dlO throw Its au"",, Ie den, ..... option of not . .....clertldclntJ thI. expen.lve ...Ieot. Ourre8kl.... toeatlon, 514 T.nay.. DrI"., Is .tthe .xtreme ..alent.1Id of the .propoaecI project. Our.......... .nd...... ....otuall'IDO.1ed .n T.nereDrlv. .nd w. have no view problem. with."....... utllltrl....... ere old, I.. .ur eI...tI.., .nd .'......In whloh we.. unwilling to .0'" ..... tile .xpen.'v. process ofhl,lng con"actore .ind..kl... permlls for con"""n. to our ,..Idenee. W. have ...c...lve ....Ith coMe and are living on e.ftxecl ............t Inoome.lt .ould be anextrem.bard.hlp to pa, '14.000 lb'. .um...r and $4,000 tor .. 10..... ..,.......... It would be unrea.ona." ........c ,to ....1.". thai the current ......te will not Ino'.... ...In b, one to two hundred,......t.'. U8 the.. co.. will .ftec' ou' ...... to sta,ln our ho.... of .I.....t thirty y..... w. .... not w..lthy.nough to be Inoludeelln an un"........, proJect' to benefit a few, who we a..ume expect to Increa..' the ..klng price of their property... not. .nd oppos... strong .upport"", giv.n letthl..ohe.... It, the Town of Tlburon. W. vote NO on thl. ....leet.' ' ~"'UV.Jtl ~~~ . . ... .. · La.....nce L Heimerl ~ With Regard. and Conce,n: ) . Final Engineer's Report for Del Mar Valley Utility Undergrounding Supplemental Assessment District Prepared under the provisions of the Municipal Improvement Act of 1913 For the Town of Tiburon Marin County, California Prepared by: . Harris & Associates May 3, 2006 EXHIBIT '14" Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 TABLE OF CONTENTS Assessment.............................................................. ..Pg. 1 Engineer's Cost Estimate........................................ .Pg. 4 Method of Assessment Background......................................................... ..Pg. 8 Special Benefit............ ............ ............. ............... ..Pg. 8 Methodology................. ........................................ Pg. 9 Assessment Apportionment ................................Pg. 12 Description of Improvements ................................Pg. 13 Assessment .Diagram ....... ...... ..................... .......... ..Pg. 14 Assessment Roll................ ..................................... .Pg. 16 Names and Addresses of Owners ..........................Pg. 20 Plans and Specifications.. ........................... ..... ..... ..Pg. 24 Annual Administrative Assessment......................Pg. 24 Certificates................................. ............................ .Pg. 25 Appendix Assessment Calculations Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 1 ASSESSMENT WHEREAS, on February 1,2006, the Town Council of the Town of Tiburon, County of Marin, State of California, under the Municipal Improvement Act of 1913 (the Act) adopted its Resolution of Intention No. 08-2006. The proceedings include financing for the acquisition and/or construction of the public improvelnents more particularly therein described, in and for the Town's Del Mar Valley Utility Undergrounding Supplemental Assessment District (the "Assessment District"). WHEREAS, said Resolution directed the undersigned to make and file a report presenting: a) Maps and descriptions of the lands and easements to be acquired if any; b) Plans and specifications of the proposed improvements if the improvements are not already installed, including the class and types of improvements for each zone of the Assessment District, if these zones exist; c) A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances or property are to be acquired as part of the improvements; d) An estilnate of the cost of the improvements and the cost of lands, rights-of-way, easements and incidental expenses in connection with the improvements including any cost of registering bonds; e) A diagram showing all of the following: 1. The exterior boundaries of the assessment district 2. The boundaries of any zone within the district 3. The lines and dimensions of each parcel of land within the district with each subdivision given a separate number upon the diagram; f) A proposed assessment of the total amount of the cost and expense of the proposed improvements upon the subdivisions of land in the district in proportion to the estilnated benefits to be received by each subdivision respectively. The assessment shall refer to the subdivisions by their respective numbers; g) A proposed maximum annual assessment upon each of the subdivisions of land in the district to pay costs incurred by the Town of Tiburon and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. The particulars of which are described in the Resolution, incorporated herein by reference; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Town Council of the Town of Tiburon hereby make the following assessment to cover the portion of the estimated cost of said acquisitions, work and improvements, and the costs and expenses incidental thereto which specifically benefit the Assessment District and are to be paid by the Assessment District. The amount to be paid for said acquisitions, work and improvements, and the expenses incidental thereto, is generally as follows: Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 2 SUMMARY COST ESTIMATE As Preliminarily As Confirmed As Modified Approved And Recorded After Recordation Estimated Cost of Construction: $2,860,488 $2,854,392 Estimated Incidental Expenses: $210,512 $210,169 Estimated Contribution: ($50,000) ($50,000) Estimated Financing Costs: $159,000 $158,661 Estimated Balance to Assessment: $3,180,000 $3,173,222 I do hereby assess and apportion the Balance to Assessment of the Total Cost of said acquisitions, work and improvements upon the several lots, pieces or parcels or portions of lots or subdivisions of land specifically benefited thereby and liable therefore, severally and respectively, in accordance with the special benefits to be received by such subdivision, respectively, from the acquisitions and improvements. These pieces, parcels or portion of lots or subdivisions of land are hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram. The portions of land and apportioned assessments are more particularly set forth in Tables I and 2, attached herein, and incorporated by reference. In addition, an annual assessment for costs incurred by the Town of Tiburon and not otherwise reimbursed for administration and collection of assessment of bonds shall be levied in a maximum annual amount of $20,000 and subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco- Oakland-San Jose areas. Said annual administration amount shall be apportioned to each parcel in the Assessment District on an equal share basis. As required by said Act, an Assessment Diagram is hereto attached showing the Assessment District and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said Diagram. Said assessment is Inade upon the several subdivisions of land within said Assessment District in proportion to the estimated special benefits to be received by each of said subdivisions from said improvement. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each subdivision of land assessed is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Marin for the Fiscal Year 2004-2005 and includes all of such parcels excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Notice is hereby given that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum tenn as authorized by law, thirty-nine (39) years from the 2nd day of September next succeeding twelve (12) months Q:\tiburon\Del Mar Supplemental\report\del mar ful rpt 3-may-06.doc 8' Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 3 from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. Under the Resolution of Intention, the requirement of Division 4 of the Califonlia Streets and Highway Code shall be satisfied with Part 7.5 of said Pivision 4, for which the following is presented: 1. The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $4,040,872.63 2. The total amount of the principal sum of the special assessment (the "Balance of Assessment") proposed to levied in the instant proceedings is: $3,173,222.00 3. The total amount of the principal sum of unpaid special assessment levied against the parcels proposed to be assessed, as computed pursuant to paragraph 1, above, plus the principal amount of the special assessment proposed to be levied in the instant proceedings from paragraph 2, above is: $7,214,094.63 4. The total true value, as near as may be determined, of the parcel of land and ilnprovements which are proposed to be assessed in the instant proceedings, as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Marin is: $156,614,808 Dated: May 3, 2006 By: HARRIS & ASSOCIATES Joan E. Cox RCE 41965 Engineer of Work Q:\tiburon\Del Mar Supplemental\report\del mar ful rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 COST ESTIMATE Page 4 CONSTRUCTION COSTS Del Mar Vallev Area Subtotal Construction Costs (see detailed estimate) PG&E SBC Com cast Subtotal: Contingency (15%) Total Del Mar Valley Area Construction Costs: Less Previous Assessment Construction Funds: Total Supp. Del Mar Valley Area Constr. Costs: West Hawthorne Drive Area Subtotal Construction Costs (see detailed estimate) PG&E SBC Comcast Subtotal: Contingency (15%) Total West Hawthorne Drive Area Construction Costs: Less Previous Assessment Construction Funds: Total Supp. West Hawthorne Dr Area Constr. Costs: Hacienda Drive Area Subtotal Construction Costs (see detailed estimate) PG&E SBC Comcast Subtotal: Contingency (15%) Total Hacienda Drive Area Construction Costs: Less Previous Assessment Construction Funds: Total Supp. Hacienda Drive Area Constr. Costs: Total Net Construction Costs: INCIDENTAL EXPENSES Design Engineering and Asmt Engineering Construction Management Town Administration Legal Defense Fund Underwriter Bond Counsel Paying Agent Financial Printing, Registration and Servicing Filing Fees Incidental Contingencies Total Incidental Expenses: Less Previous Assessment Incidental Funds: Subtotal Supp. Incidental Expenses: City Contribution: Total Supp. Incidental Expenses: Total Supplemental Constr. & Inc. Expenses: FINANCING COSTS Bond Reserve Funded Interest @ Estimated Costs Preliminary Confirmed Modified $ 2,988,155 $2,988,155 $1,256,150 $1,256,150 $35,734 $35,734 $0 $0 $ 4,280,039 $4,280,039 $642,006 $642,006 $ 4,922,045 $4,922,045 ($2,824,855) ($2,824,855) $2,097,190 $2,097,190 $ 185,511 $ 185,511 $85,103 $85,103 $2,421 $2,421 $0 $0 $ 273,035 $ 273,035 $40,955 $40,955 $ 313,990 $ 313,990 ($187,740) ($187,740) $126,250 $126,250 $ 897,203 $417,075 $11,865 $0 $ 1,326,143 $198,921 $ 1,525,064 ($888,016) $637,048 $2,860,488 $263,000 $140,000 $110,000 $50,000 $150,000 $78,175 $6,000 $41,000 $5,000 $92,726 $935,901 ($725,389) $210,512 ($50,000) $160,512 $3,021,000 2.00% $64,000 6 months @ 6.00% $95,000 Total Financial Costs: $159,000 TOTAL AMOUNT TO ASSESSMENT: $3,180,000 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc $ 897,203 $417,075 $11,865 $0 $1,326,143 $192,825 $1,518,968 ($888,016) $630,952 $2,854,392 $263,000 $140,000 $110,000 $50,000 $150,000 $78,175 $6,000 $41,000 $5,000 $92,383 $935,558 ($725,389) $210,169 ($50,000) $160,169 $3,014,561 $63,464 $95,197 $158,661 $3,173,222 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 5 In addition, an annual assessment for costs incurred by the Town of Tiburon and not otherwIse reimbursed for administration and collection of assessment of bonds shall be levied in a maximum annual amount of $20,000 and subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco- Oakland-San Jose areas. Said annual administration amount shall be apportioned to each parcel in the Assessment District on an equal share basis. Detailed Estimate of Probable Construction Costs - Del Mar Valley Area ITEM NO. ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL PRICE 1.) Mobilization 1 LS $ 146,000.00 $ 146,000.00 2.) Traffic Control 1 LS $ 43,800.00 $ 43,800.00 3.) 3 inch diameter conduit 19,580 LF $ 4.00 $ 78,320.00 4.) 4 inch diameter conduit 11,470 LF $ 5.00 $ 57,350.00 5.) 6 inch diameter conduit 5,561 LF $ 7.00 $ 38,927.00 6.) 4'-6" x 8'-6" x 6' No 7 Box 10 EA $ 8,000.00 $ 80,000.00 7.) 3' x 5' x 3'-6" No 5 Box 13 EA $ 6,000.00 $ 78,000.00 8.) 3' x 5' x 3'-6" No 5T Box (alternate if pad tx's are not used) 20 EA $ 4,500.00 $ 90,000.00 9.) 24" x 36" No 3 Box 1 EA $ 1,600.00 $ 1,600.00 10.) 17" x 30" No 2 Box 79 EA $ 1,100.00 $ 86,900.00 11. ) Transformer Pad 21 EA $ - $ - 12.) Barrier Posts ( 4" x 8') 42 EA $ - $ - 13.) 2 inch diameter conduit 2,153 LF $ 3.00 $ 6,459.00 14.) 4 inch diameter conduit 31,933 LF $ 5.00 $ 159,665.00 15.) 11" x 17" T1 Box 12 EA $ 600.00 $ 7,200.00 16.) 17" x 30" T2 Box 4 EA $ 1,000.00 $ 4,000.00 17. ) 20" x 42" T3 Box 41 EA $ 1,300.00 $ 53,300.00 18.) 30" x 60" T5 Box 6 EA $ 3,500.00 $ 21,000.00 19.) 36" x 60" T6 Box 1 EA $ 4,000.00 $ 4,000.00 20.) 48" x 78" T8 Box 14 EA $ 6,000.00 $ 84,000.00 21.) 1 inch diameter conduit 1,807 LF $ 2.00 $ 3,614.00 22.) 2 inch diameter conduit 21,675 LF $ 3.00 $ 65,025.00 23.) 4 inch diameter conduit - LF $ 5.00 $ - 24.) 17" x 30" x 12" B-36 TV-Vault 66 EA $ 800.00 $ 52,800.00 25.) 48" x 30" x 12" B-48 TV-Vault wi 2-10" extension 20 EA $ 2,000.00 $ 40,000.00 26.) Pedestal Pad 48x48 2 EA $ 1,500.00 $ 3,000.00 27.) 12"x37" 2,614 LF $ 28.00 $ 73,192.00 28.) 12"x55" 73 LF $ 34.00 $ 2,482.00 29.) 18"x37" 1 ,505 LF $ 47.00 $ 70,735.00 30.) 18"x55" 11,032 LF $ 85.00 $ 937,720.00 31.) 18"x60" 4,969 LF $ 98.50 $ 489,446.50 32.) OVEREXCAVATION OF TRENCH DUE TO UNSUITABLE BEDDING MATERIAL 6 CY $ 90.00 $ 540.00 33.) ROCK EXCAVATION (REVOCABLE) 6 CY $ 270.00 $ 1,620.00 34.) SHORING AND TRENCH SAFETY 1 LS $ 21,724.11 $ 21,724.11 35.) REMOVE EXISTING STREET LIGHTS 1 LS $ 6,000.00 $ 6,000.00 36.) grind. 500 TON $ 180.00 $ 90,000.00 37.) AC - Grind 2' Wide 635 SY $ 7.00 $ 4,445.00 38.) PCC Driveway and Sidewalk 2,900 SF $ 15.00 $ 43,500.00 39.) Concrete Curb & Gutter 375 LF $ 50.00 $ 18,750.00 40.) STRIPING & PAVEMENT MARKING 1 LS $ 21,600.00 $ 21,600.00 41.) Remove Yellow Traffic Stripe and Pavement Marking and Lead Compliance Plan 1 LS $ 1,440.00 $ 1,440.00 SUBTOTAL ESTIMATED CONSTRUCTION COST: $ 2,988,154.61 Q:\tiburon\DeI Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility UnderQrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 6 Detailed Estimate of Probable Construction Costs - West Hawthorne Drive Area ITEM NO. ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL PRICE 1.) Mobilization 1 LS $10,000.00 $ 10,000.00 2.) Traffic Control 1 LS $ 3,000.00 $ 3,000.00 3.) 3 inch diameter conduit 1,407 LF $ 4.00 $ 5,628.00 4.) 4 inch diameter conduit 646 LF $ 5.00 $ 3,230.00 5.) 6 inch diameter conduit - LF $ 7.00 $ - 6.) 4'-6" x 8'-6" x 6' No 7 Box - EA $ 8,000.00 $ - 7.) 3' x 5' x 3'-6" No 5 Box - EA $ 6,000.00 $ - 8.) 3' x 5' x 3'-6" No 5T Box (altemate if pad tx's are not used) 1 EA $ 4,500.00 $ 4,500.00 9.) 24" x 36" No 3 Box - EA $ 1,600.00 $ - 10.) 17" x 30" No 2 Box 7 EA $ 1,100.00 $ 7,700.00 11.) Transformer Pad 1 EA $ - $ - 12.) Barrier Posts ( 4" x 8') 2 EA $ - $ - 13.) 2 inch diameter conduit 50 LF $ 3.00 $ 150.00 14.) 4 inch diameter conduit 1,952 LF $ 5.00 $ 9,760.00 15.) 11" x 17" T1 Box - EA $ 600.00 $ - 16.) 17" x 30" T2 Box - EA $ 1,000.00 $ - 17.) 20" x 42" T3 Box 7 EA $ 1,300.00 $ 9,100.00 18.) 30" x 60" T5 Box - EA $ 3,500.00 $ - 19.) 36" x 60" T6 Box - EA $ 4,000.00 $ - 20.) 48" x 78" T8 Box - EA $ 6,000.00 $ - 21.) 1 inch diameter conduit 41 LF $ 2.00 $ 82.00 22.) 2 inch diameter conduit 1,009 LF $ 3.00 $ 3,027.00 23.) 4 inch diameter conduit - LF $ 5.00 $ - 24.) 17" x 30" x 12" B-36 TV-Vault 7 EA $ 800.00 $ 5,600.00 25.) 48" x 30" x 12" B-48 TV-Vault w/2-10" extension 1 EA $ 2,000.00 $ 2,000.00 26.) Pedestal Pad 48x48 - EA $ 1,500.00 $ - 27.) 12"x37" 102 LF $ 28.00 $ 2,856.00 28.) 12"x55" - LF $ 34.00 $ - 29.) 18"x37" - LF $ 47.00 $ - 30.) 18"x55" 1,212 LF $ 85.00 $ 103,020.00 31.) 18"x60" 16 LF $ 98.50 $ 1,576.00 32.) OVEREXCAVATION OF TRENCH DUE TO UNSUITABLE BEDDING MATERIAL 1 CY $ 90.00 $ 90.00 33.) ROCK EXCAVATION (REVOCABLE) 1 CY $ 270.00 $ 270.00 34.) SHORING AND TRENCH SAFETY 1 LS $ 1,551.72 $ 1,551.72 35.) REMOVE EXISTING STREET LIGHTS 1 LS $ - $ - 36.) grind. 40 TON $ 180.00 $ 7,200.00 37.) AC - Grind 2' Wide - SY $ 7.00 $ - 38.) PCC Driveway and Sidewalk 150 SF $ 15.00 $ 2,250.00 39.) Concrete Curb & Gutter 20 LF $ 50.00 $ 1,000.00 40.) STRIPING & PAVEMENT MARKING 1 LS $ 1,800.00 $ 1,800.00 41.) Remove Yellow Traffic Stripe and Pavement Marking and Lead Compliance Plan 1 LS $ 120.00 $ 120.00 SUBTOTAL ESTIMATED CONSTRUCTION COST: $ 185,510.72 Q:\tiburon\DeJ Mar Supplemental\report\deJ mar fnl rpt 3-may-06.doc =1 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 7 Detailed Estimate of Probable Construction Costs - Hacienda Drive Area ITEM NO. ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL PRICE 1.) Mobilization 1 LS $44,000.00 $ 44,000.00 2.) Traffic Control 1 LS $13,200.00 $ 13,200.00 3.) 3 inch diameter conduit 4,194 LF $ 4.00 $ 16,776.00 4.) 4 inch diameter conduit 6,099 LF $ 5.00 $ 30,495.00 5.) 6 inch diameter conduit 1,142 LF $ 7.00 $ 7,994.00 6.) 4'-6" x 8'-6" x 6' No 7 Box 2 EA $ 8,000.00 $ 16,000.00 7.) 3' x 5' x 3'-6" No 5 Box 2 EA $ 6,000.00 $ 12,000.00 8.) 3' x 5' x 3'-6" No 5T Box (alternate if pad tx's are not used) 6 EA $ 4,500.00 $ 27,000.00 9.) 24" x 36" No 3 Box - EA $ 1,600.00 $ - 10.) 17" x 30" No 2 Box 17 EA $ 1,100.00 $ 18,700.00 11. ) Transformer Pad 5 EA $ - $ - 12.) Barrier Posts ( 4" x 8') 10 EA $ - $ - 13.) 2 inch diameter conduit 77 LF $ 3.00 $ 231.00 14.) 4 inch diameter conduit 10,576 LF $ 5.00 $ 52,880.00 15.) 11" x 17" T1 Box 2 EA $ 600.00 $ 1,200.00 16.) 17" x 30" T2 Box 2 EA $ 1,000.00 $ 2,000.00 17.) 20" x 42" T3 Box 6 EA $ 1,300.00 $ 7,800.00 18.) 30" x 60" T5 Box 6 EA $ 3,500.00 $ 21,000.00 19.) 36" x 60" T6 Box - EA $ 4,000.00 $ - 20.) 48" x 78" T8 Box 2 EA $ 6,000.00 $ 12,000.00 21.) 1 inch diameter conduit 77 LF $ 2.00 $ 154.00 22.) 2 inch diameter conduit 7,599 LF $ 3.00 $ 22,797.00 23.) 4 inch diameter conduit 5 LF $ 5.00 $ 25.00 24.) 17" x 30" x 12" B-36 TV-Vault 13 EA $ 800.00 $ 10,400.00 25.) 48" x 30" x 12" B-48 TV-Vault wI 2-10" extension 6 EA $ 2,000.00 $ 12,000.00 26.) Pedestal Pad 48x48 - EA $ 1,500.00 $ - 27.) 12"x37" 1,012 LF $ 28.00 $ 28,336.00 28.) 12"x55" - LF $ 34.00 $ - 29.) 18"x37" 805 LF $ 47.00 $ 37,835.00 30.) 18"x55" 3,934 LF $ 85.00 $ 334,390.00 31.) 18"x60" 1,163 LF $ 98.50 $ 114,555.50 32.) OVEREXCAVATlON OF TRENCH DUE TO UNSUITABLE BEDDING MATERIAL 3 CY $ 90.00 $ 270.00 33.) ROCK EXCAVATION (REVOCABLE) 3 CY $ 270.00 $ 810.00 34.) SHORING AND TRENCH SAFETY 1 LS $ 6,724.11 $ 6,724.11 35.) REMOVE EXISTING STREET LIGHTS 1 LS $ - $ - 36.) grind. 200 TON $ 180.00 $ 36,000.00 37.) AC - Grind 2' Wide 120 SY $ 7.00 $ 840.00 38.) PCC Driveway and Sidewalk 100 SF $ 15.00 $ 1,500.00 39.) Concrete Curb & Gutter 5 LF $ 50.00 $ 250.00 40.) STRIPING & PAVEMENT MARKING 1 LS $ 6,600.00 $ 6,600.00 41.) Remove Yellow Traffic Stripe and Pavement Marking and Lead Compliance Plan 1 LS $ 440.00 $ 440.00 SUBTOTAL ESTIMATED CONSTRUCTION COST: $ 897,202.61 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 8 METHOD OF ASSESSMENT BACKGROUND The Assessment District is formed under the authority of the Act and Article XIIID of the Califon1ia State Constitution, which require that local agencies levy assessments according to special benefit. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also requires that publicly owned property that benefits from the improvements be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. Therefore, costs and expenses of proposed improvement(s) will be apportioned against the properties by a formula or method that distributes the costs in direct proportion to the estimated special benefits these parcels receive from the improvements. The approval of the assessments rests with the Town Council. The Council renders its decision after hearing testimony and evidence presented at a public hearing and tabulating the assessment ballots, which are mailed to all record owners of property within the Assessment District. Only ballots delivered to the Town prior to the close of the public hearing are tabulated. The Council's findings must include whether or not the assessment spread has been made in direct proportion to the estimated special benefits received by each parcel. SPECIAL BENEFIT The purpose of this Assessment District is to provide the financing to underground existing overhead electrical, telephone and cable facilities. These facilities are the direct source of service to the properties within the Assessment District. The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities will provide a special benefit to the parcels who will be served by the new distribution facilities as a result of enhanced service, reliability and capacity, as well as improved safety. All new wires and equipment will be installed underground, which eliminates the threat of interrupted service by downed power lines due to wind and rain. Removal of the existing wood poles and the overhead wires will also aesthetically enhance all parcels that are directly adjacent to these facilities. By virtue of such benefits, the proposed improvements will increase the desirability and will specifically enhance the values of the properties within the Assessment District. Therefore, 100% of the proposed improvements are of direct and special benefit to the properties within the boundaries of this Assessment District. All general benefits, if any, to the surrounding community and public in general from undergrounding of these local overhead utilities are intangible and are not quantifiable. Q:\tiburon\Del Mar Supplemental\report\del mar ful rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 9 METHODOLOGY To establish the benefit to the individual parcels within the Assessment District, a Benefit Point system is used. Each parcel ofland is assigned Benefit Points (BP's) in proportion to the estimated special benefit the parcel receives relative to the other parcels within the Assessment District from the Utility Undergrounding Improvements. The highest and best use of each property is the basis on which the Benefit Points are assigned. For example, an R-l zoned residential property with two dwelling units is considered as having 2 dwelling units even though its current zoning only allows one dwelling unit, and a vacant property is considered developed to its highest potential and connected to the system. The special benefits from undergrounding the overhead utilities are segregated into three (3) categories, which are discussed below: · Improved Property Aesthetics Benefit. This benefit relates to the improved aesthetics due to the removal of overhead wires and utility poles from view. Per the Tiburon Municipal Cod~, Section 15.2, view is defined as follows: "The term 'view' includes both upslope and downslope scenes...." The aesthetic benefit of removing poles and overhead lines adjacent to properties is deemed to be the same for all properties, whether or not one property is thought to have a better view than another, because the increase in property value from the improvements is considered the same on a percentage basis. Also, there is no way to judge the view from a vacant property and developed properties can reconstruct buildings to change view characteristics. Parcels that are directly adjacent to the facilities to be underground and that view wires or poles from any part of the property are considered to receive special benefit from the undergrounding project. Therefore, these properties are assigned one (1) Aesthetic Benefit Point (ABP) per parcel for Improved Property Aesthetics. · Improved Safety Benefit. This benefit relates to the improved safety of having the overhead wires placed underground and having the power poles removed, which eliminates the threat of downed power lines and poles due to wind, rain and other unforeseeable events. All parcels that are connected to and are directly adjacent to the utilities being placed underground are considered to receive the same special benefit from the undergrounding project. Therefore, these properties are assigned one (1 ) Safety Benefit Point (SBP) for Improved Safety. · Improved Service Reliability Benefit. This benefit relates to the enhanced reliability of service from the utilities being placed underground due to having all new wires and equipment and having that equipment underground, which reduces the threat of service interruption from downed power lines. All properties that receive service from the facilities to be underground are considered to receive special benefit based on the relative energy usage associated with the type of use on the property. In order to allocate this benefit fairly between the parcels, a methodology is proposed which equates different residential and non-residential land uses to each other, thereby allowing a uniform method of companson. The single-family residential (SFR) parcel is used as the basic unit of comparison. A SFR parcel equals one (1) Reliability Benefit Point (RBP). Every other land use is converted to RBP's as described below. Other residential properties are compared to a SFR parcel based on the number of potential or actual dwelling units on them, whichever is higher. These other residential properties consist of two parcels with 2 dwelling units on them. Based on the Marin County Assessor's data, the building areas per dwelling unit for these parcels are between 1,000 square feet (sf) and 1,499 sf. The median SFR dwelling in this Assessment District is approximately 2,600 sf. Looking at the PG&E Design Electrical Manual for the North Bay Area, which includes Tiburon, dwelling units between 1,000 sf Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 10 and 1,499 sfuse approximately 70% of the energy that dwelling units between 1,500 sf and 3,000 sf do. Therefore, multiple residential properties are assigned 0.70 RBP's for each potential or actual dwelling unit on them based on the current zoning on the property. Non-residential properties are converted to RBP's based on the estimated amount of usage for the type of property as compared with a SFR per the PG&E Design Electrical Manual for the North Bay. There is one non-residential use within the Assessment District boundaries: a School. The following table shows how the RBP equivalencies are calculated: Reliability Benefit Point (RBP) Eauivalencv Table Bldg Estimated Equivalent Use Peak Usage SF Usage (VA) RBP's SFR 7,500 VA / DU -- 7,500 1.0 2 DU 5,300 VA / DU -- 5,300 0.7 School 2.3 VA / Bldg SF 50,000 115,000 15.3 VA = Volt Amps DU = Dwelling Unit Bldg SF = Building Square Feet The three categories of Benefit Points are added together for each property to calculate the Total Benefit Points: Safety Benefit Points + Reliability Benefit Points + Aesthetics Benefit Points = Total Benefit Points The following table provides an example of how the Benefit Points are calculated for the various land uses. Sample Tvpical Benefit Point Calculation Table Potential Existing Aesthetics Safety Reliability Total Number Number Highest Benefit + Benefit + Benefit = Benefit of Units of Units Use Points Points Points Points 1 1 SFR 1 + 1 + 1.0 = 3 1 2 2 DU 1 + 1 + 1.4 = 3.4 n/a n/a School 1 + 1 + 15.3 = 17.3 The school property consists of 10 individual Assessor's Parcel Numbers (APN's) and the Benefit Points are apportioned equally to each. Exceptions There are two areas within the assessment district boundaries that appear to have all of the overhead utility lines directly adjacent to the properties already underground: · Geldert Court, a public street within the Del Mar Valley Area, and · Noche Vista Lane, a private drive within the Hacienda Drive Area. The properties taking service and access from these roads are exceptions to the above outlined Benefit Point assignments. These properties are considered to receive half the benefit from service reliability, as their small systems are completely surrounded by and dependent on the larger overall system that is to be undergrounded, and half the benefit from improved safety, as ingress and egress from their property is directly affected by overhead lines and poles. Q:\tiburon\Del Mar Supplemental\report\del mar fill rpt 3-may-06.doc 8/ Harris & Assodates To\\'I1 of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 11 The properties that have no frontage along roadways that have poles and wires along them db not receive any benefit from aesthetics. The following table shows how the Benefit Points are calculated for these properties. Potential Existing Aesthetics Safety Reliability Total Number Number Highest Benefit + Benefit + Benefit = Benefit of Units of Units Use Points Points Points Points 1 1 SFR no frontage 0 + 0.5 + 0.5 = 1 The following is a list of Assessment Numbers (Asmt #'s) and Assessor's Parcel Numbers (APN's) for properties with this benefit: Geldert Court Asmt # 130, APN 039-261-03 Asmt # 131, APN 039-261-02 Asmt # 132, APN 039-261-01 N oche Vista Lane Asmt # 196, APN 039-070-16 Asmt # 199, APN 039-070-07 Asmt # 197, APN 039-070-10 Asmt # 200, APN 039-070-06 Asmt # 198, APN 039-070-09 Asmt # 201, APN 039-070-19 The properties that also have frontage on roadways that have poles and wires along them receive half the benefit from aesthetics. The following table shows how the Benefit Points are calculated for these properties. Potential Existing Aesthetics Safety Reliability Total N umber Number Highest Benefit + Benefit + Benefit = Benefit of Units of Units Use Points Points Points Points 1 1 SFR with frontaQe 0.5 + 0.5 + 0.5 = 1.5 The following is a list of Assessment Numbers (Asmt #'s) and Assessor's Parcel Numbers (APN's) for properties with this benefit: Geldert Court Asmt # 129, APN 039-261-04 N oche Vista Lane Asmt # 202, APN 039-070-34 Additionally, there is one parcel, APN 039-081-12 (l Tanfield Road), located at the corner of Hacienda Drive and Tanfield Road, that is not within the District but appears to receive benefit from the proposed undergrounding. This property takes its utility service and main access from Tanfield Road, which is not part of this undergrounding project. However, because this property has a secondary access point on Hacienda and it has some overhead wires going over a corner of the property, it is considered to receive half the benefit from aesthetics and half the benefit from safety. It receives no benefit from service reliability. The following table shows how the Benefit Points are calculated for this property. Potential Existing Aesthetics Safety Reliability Total Number Number Highest Benefit + Benefit + Benefit = Benefit of Units of Units Use . Points Points Points Points 1 1 SFR no Service 0.5 + 0.5 + 0 = 1 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 8/ Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 12 Because this property was not included in the Assessment District, its calculated total assessment ($6,778) is deducted from the contingency and not assessed to the rest of the properties in the District. Exemptions The following types of parcels are considered to be exempt from the assessment due to their having no benefit from the improvements because they have virtually no potential for development. These properties are assigned 0 Benefit Points: · Parcels that are unbuildable because they are too small or are part of tidal lands · Parcels that are too small for a dwelling unit but have ancillary uses to other residential properties, such as garages or carports. · Parcels that are designated as Open Space. ASSESSMENT APPORTIONMENT Based on the findings above, it is our conclusion that the improvements specially benefit all developable properties in the Assessment District in proportion to the number of Benefit Points calculated for each property. Benefit Zones The Assessment District is split into three zones of benefit: the Del Mar Valley Area, the West Hawthorne Drive Area and the Hacienda Drive Area. · The Del Mar Valley Area construction costs are apportioned to all properties in the Del Mar Valley Area in proportion to the number of Benefit Points assigned to each property. · The West Hawthorne Drive Area is a separate system of overhead utility lines. The West Hawthorne Drive Area's improvements are separately documented and are apportioned only to properties within the West Hawthorne Drive Area in proportion to the number of Benefit Points assigned to each property. · The Hacienda Drive Area is directly north and adjacent to the Del Mar Valley Area and consists of overhead utility lines along Hacienda Drive. This area consists of properties taking service off of the poles in Hacienda Drive and having direct access on Hacienda Drive. The costs of the Hacienda Drive Area's improvements are separately documented and are apportioned only to properties within the Hacienda Drive Area in proportion to the number of Benefit Points assigned to each property. The utility lines and poles in Tanfield Road are not being underground at this time, and the utility lines and poles in Acacia Court have already been underground. Therefore, properties taking service and access from either of these two roads are not included in this Assessment District. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a prorata basis relative to the total construction cost allocations. Complete calculations for each assessment, providing the Benefit Points, the construction portion of the assessment and incidental and financial components of the assessment are included in the Appendix. Q:\tiburon\Del Mar Supplemental\report\del mar ful rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 13 DESCRIPTION OF IMPROVEMENTS The following provides a description of the improvements proposed to be constructed, installed or acquired under the provisions of the Act. Within the County of Marin, State of California, located in the central part of the Town ofTiburon called Del Mar Valley, the construction of the following public improvements, including all planning, design, construction administration and general administration services, the acquisition of all necessary rights of way, the acquisition of licenses, franchises and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof, in accordance with the plans and specifications to be approved by the County of Marin and the Town of Tiburon. Public improvement construction may be phased as necessary and convenient for the Town of Tiburon and the County of Marin. Phasing will be undertaken in a manner that results in a complete and functional portion of each system described below. The following improvements are proposed to be constructed and installed in the general location referred to as Del Mar Valley Utility Undergrounding Supplemental Assessment District. 1. Removal of existing overhead power, telephone and cable wires and poles. 2. Removal of overhead resident service drops. 3. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes. 4. Construction of service conduit and appurtenances to property line. 5. Installation of new conductor within said conduit and underground structures by the utility compames. The improvements will be designed by PG&E, SBC Communications and Com cast. The Town of Tiburon will inspect the work to ensure conformance to Town and County standards and specifications where applicable. Note: The foregoing improvements do not include any individual service connections on private properties. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 14 ASSESSMENT DIAGRAM A reduced copy of the Assessment Diagram is attached hereto. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the Town Clerk of the Town ofTiburon. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Table 1 herein. Reference is hereby made to the Assessor's Parcel Maps of the County of Marin for the boundaries and dimensions of each parcel of land. Q:\tiburon\Del Mar SuppJemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 15 LEGEND: ~ ZONE BOUNDARY ASSESSMENT DISTRICT BOUNDARY PARCEL UNE TOWN UMITS ASSESSMENT NO. GRAPHIC SCALE --~ k.._ T T ( IN Jl'EET ) 1 !Deh - eoo fl NOTES: REFERENCE IS HEREBY iW)[ 1tl THE MAPS Of RECORD IN THE 0FF1CE OF' THE ASSESSOR OF' THE COUNlY OF' MARIN FOR /it. OETAlLED DESCRlPTION OF' THE UNES AND DIMENSIONS Of' ANY PARCELS SHOWN HERDI. WHICH MAPS SHALl GOVERN FOR AU.. DETAILS COHCERHIHG THE UNES AND DIMENSIONS OF SUCH PARCELS. Q:\tiburon\DeJ Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon May 3, 2006 Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report Page 16 Table 1 - Assessment Roll Assessor's Total Assessments as Assessments as Assessments as Value Asmt Parcel Assessed Existing Preliminarily Confirmed and Modified after to Lien No. Number Value Liens Approved Recorded Recordation Ratio 1 055-191-20 $816,000 $12,528.19 $7,740.00 $7,740.00 40.3 2 055-191-19 $123,569 $12,528.19 $7,740.00 $7,740.00 6.1 3 055-191-18 $650,551 $17,528.19 $7,740.00 $7,740.00 25.7 4 055-191-17 $250,009 $12,528.19 $7,740.00 $7,740.00 12.3 5 055-191-16 $113,875 $12,528.19 $7,740.00 $7,740.00 5.6 6 055-191-15 $114,147 $12,528.19 $7,740.00 $7,740.00 5.6 7 055-191-14 $1,309,190 $12,528.19 $7,740.00 $7,740.00 64.6 8 055-191-13 $108,154 $0.00 $7,740.00 $7,740.00 14.0 9 055-191-24 $1,451,189 $17,528.19 $7,740.00 $7,740.00 57.4 10 055-191-11 $922,759 $14,199.14 $8,772.35 $8,771.94 40.2 11 055-191-10 $466,387 $17,528.19 $7,740.00 $7,740.00 18.5 12 055-191-09 $982,998 $0.00 $7,740.00 $7,740.00 127.0 13 055-191-08 $815,945 $12,528.19 $7,740.00 $7,740.00 40.3 14 055-191-07 $304,551 $12,528.19 $7,740.00 $7,740.00 15.0 15 055-191-06 $111 ,453 $12,528.19 $7,740.00 $7,740.00 5.5 16 055-191-05 $85,285 $12,528.19 $7,740.00 $7,740.00 4.2 17 055-191-04 $172,826 $12,528.19 $7,740.00 $7,740.00 8.5 18 055-191-03 $1,194,896 $12,528.19 $7,740.00 $7,740.00 59.0 19 055-142-03 $147,314 $21,717.04 $14,812.21 $14,812.21 4.0 20 055-142-04 $138,055 $21,717.04 $14,812.21 $14,812.21 3.8 21 055-142-17 $842,376 $21,717.04 $14,812.21 $14,812.21 23.1 22 055-142-06 $827,757 $21,717.04 $14,812.21 $14,812.21 22.7 23 055-142-21 $1,214,546 $21,717.04 $14,812.21 $14,812.21 33.2 24 055-142-19 $150,365 $21,717.04 $14,812.21 $14,812.21 4.1 25 055-142-16 $472,571 $26,717.04 $14,812.21 $14,812.21 11.4 26 055-142-01 $455,200 $21,717.04 $14,812.21 $14,812.21 12.5 27 055-142-08 $132,775 $21,717.04 $14,812.21 $14,812.21 3.6 28 055-142-09 $758,707 $21,717.04 $14,812.21 $14,812.21 20.8 29 055-142-10 $240,576 $21,717.04 $14,812.21 $14,812.21 6.6 30 055-142-11 $414,606 $21,717.04 $14,812.21 $14,812.21 11.3 31 055-142-12 $190,229 $24,613.54 $16,787.85 $16,787.44 4.6 32 055-142-13 $134,530 $21,717.04 $14,812.21 $14,812.21 3.7 33 055-142-14 $162,674 $21,717.04 $14,812.21 $14,812.21 4.5 34 055-182-06 $1,403,248 $21,717.04 $14,812.21 $14,812.21 38.4 35 055-182-07 $616,475 $21,717.04 $14,812.21 $14,812.21 16.9 36 055-183-01 $264,053 $21,717.04 $14,812.21 $14,812.21 7.2 37 055-183-02 $584,297 $21,717.04 $14,812.21 $14,812.21 16.0 38 055-183-03 $896,890 $21,717.04 $14,812.21 $14,812.21 24.6 39 055-144-01 $272,044 $21,717.04 $14,812.21 $14,812.21 7.4 40 055-144-02 $1,499,578 $21,717.04 $14,812.21 $14,812.21 41.1 41 055-144-03 $1,320,900 $21,717.04 $14,812.21 $14,812.21 36.2 42 055-144-04 $999,609 $21,717.04 $14,812.21 $14,812.21 27.4 43 055-144-05 $274,006 $21,717.04 $14,812.21 $14,812.21 7.5 44 055-144-06 $621 ,575 $21,717.04 $14,812.21 $14,812.21 17.0 45 055-143-01 $1,001,783 $21,717.04 $14,812.21 $14,812.21 27.4 46 055-143-02 $174,991 $21,717.04 $14,812.21 $14,812.21 4.8 47 055-143-03 $1,271,783 $21,717.04 $14,812.21 $14,812.21 34.8 $21,717.04 $14,812.21 -----~----~._- 48 055-143-04 $1,598,730 $14,812.21 43.8 $21,717.04 $14,812.21 --"_._------ 49 039-135-02 $131,896 $14,812.21 3.6 50 039-135-01 $355,879 $0.00 $14,812.21 $14,812.21 24.0 51 039-135-03 $143,562 $0.00 $14,812.21 $14,812.21 9.7 52 039-135-04 $148,614 $21,717.04 $14,812.21 $14,812.21 4.1 53 039-135-05 $136,508 $21,717.04 $14,812.21 $14,812.21 3.7 54 039-135-06 $141,682 $21,717.04 $14,812.21 $14,812.21 3.9 55 039-135-07 $493,144 $21,717.04 $14,812.21 $14,812.21 13.5 56 055-141-01 $440,719 $21,717.04 $14,812.21 $14,812.21 12.1 57 055-141-02 $135,411 $21,717.04 $14,812.21 $14,812.21 3.7 $26,717.04 $14,812.21 -----~~-~-- 58 055-141-03 $557,177 $14,812.21 13.4 59 055-141-07 $0 $0.00 $8,541.72 $8,541.71 school 60 055-141-05 $0 $0.00 $8,541.72 $8,541.71 school Q:\tiburon\Del Mar Supplemental\report\deJ mar fill rpt 3-may-06.doc 81 Harris & Assodates To\\'I1 of Tiburon May 3, 2006 Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report Page 17 Assessor's Total Assessments as Assessments as Assessments as Value Asmt Parcel Assessed Existing Preliminarily Confirmed and Modified after to Lien No. Number Value Liens Approved Recorded Recordation Ratio 61 039-134-13 $0 $0.00 $8.541.72 $8,541.71 school 62 039-134-12 $0 $0.00 $8.541.72 $8,541.71 school 63 039-134-11 $0 $0.00 $8.541.72 $8,541.71 school 64 039-134-10 $0 $0.00 $8.541.72 $8,541.71 school 65 039-134-09 $0 $0.00 $8.541.72 $8.541.71 school 66 039-134-08 $0 $0.00 $8.541.72 $8.541.71 school 67 039-134-17 $0 $0.00 $8.541.72 $8.541.71 school 68 039-134-15 $0 $0.00 $8.541.72 $8,541.71 school 69 039-134-25 $865.784 $21.717.04 $14.812.21 $14,812.21 23.7 70 039-134-27 $143.768 $21.717.04 $14.812.21 $14.812.21 3.9 71 039-134-26 $196.261 $21.717.04 $14.812.21 $14,812.21 5.4 72 039-134-22 $1 ,150.000 $21.717.04 $14.812.21 $14,812.21 31.5 73 039-134-19 $226.740 $21.717.04 $14.812.21 $14,812.21 6.2 74 055-102-27 $894.107 $21.717.04 $14.812.21 $14,812.21 24.5 75 055-102-26 $138.937 $21,717.04 $14.812.21 $14.812.21 3.8 76 055-102-25 $199.892 $21,717.04 $14.812.21 $14,812.21 5.5 77 055-102-24 $463.101 $21.717.04 $14.812.21 $14,812.21 12.7 78 055-102-30 $231.940 $21,717.04 $14,812.21 $14.812.21 6.3 79 039-131-11 $228.048 $21,717.04 $14,812.21 $14.812.21. 6.2 80 039-131-10 $202.721 $21.717.04 $14.812.21 $14.812.21 5.5 81 039-131-09 $237.551 $21.717.04 $14.812.21 $14.812.21 6.5 82 039-131-14 $185.946 $21.717.04 $14,812.21 $14.812.21 5.1 83 039-131-15 $165,094 $21.717.04 $14,812.21 $14.812.21 4.5 84 039-131-06 $140.691 $21,717.04 $14.812.21 $14.812.21 3.9 85 039-133-09 $161.309 $21,717.04 $14.812.21 $14,812.21 4.4 86 039-133-10 $124.858 $21.717.04 $14.812.21 $14,812.21 3.4 87 039-133-11 $1.028.649 $21.717.04 $14.812.21 $14.812.21 28.2 88 039-133-12 $1,374,450 $21.717.04 $14,812.21 $14.812.21 37.6 89 039-133-13 $151.398 $21.717.04 $14,812.21 $14.812.21 4.1 90 039-133-14 $788.676 $21.717.04 $14,812.21 $14.812.21 21.6 91 039-133-15 $1,057.740 $21.717.04 $14,812.21 $14,812.21 29.0 92 039-133-08 $160.741 $21.717.04 $14,812.21 $14.812.21 4.4 93 039-133-07 $250.548 $21.717.04 $14,812.21 $14,812.21 6.9 94 039-133-06 $134.537 $0.00 $14,812.21 $14,812.21 9.1 95 039-133-05 $158.627 $0.00 $14.812.21 $14.812.21 10.7 96 039-133-04 $1,089.188 $21,717.04 $14.812.21 $14.812.21 29.8 97 039-133-03 $1,881.179 $21.717.04 $14.812.21 $14.812.21 51.5 98 039-133-02 $157.713 $21.717.04 $14.812.21 $14.812.21 4.3 99 039-133-01 $196.687 $21,717.04 $14.812.21 $14.812.21 5.4 100 039-131-05 $422.944 $21,717.04 $14.812.21 $14.812.21 11.6 101 039-131-04 $419.145 $21.717.04 $14,812.21 $14,812.21 11.5 102 039-131-13 $485,541 $21,717.04 $14,812.21 $14,812.21 13.3 103 039-131-12 $543.121 $21.717.04 $14,812.21 $14,812.21 14.9 104 039-131-01 $474,431 $21.717.04 $14,812.21 $14.812.21 13.0 $1 ,466.886 $21,717.04 $14.812.21 -~_._--------------- ----~.__. 105 039-141-01 $14,812.21 -----_.~-_._-----_.__. 40.2 $21.717.04 ------- 106 039-141-02 $236.906 $14,812.21 $14.812.21 6.5 107 039-141-03 $137,177 $26.717.04 $14.812.21 $14.812.21 3.3 108 039-141-04 $1,428.679 $21.717.04 $14.812.21 $14,812.21 39.1 109 039-141-05 $336.640 $21,717.04 $14.812.21 $14,812.21 9.2 110 039-141-06 $1,459.660 $21,717.04 $14,812.21 $14,812.21 40.0 111 039-141-07 $232,718 $21.717.04 $14,812.21 $14.812.21 6.4 112 039-141-08 $1,810,000 $21,717.04 $14.812.21 $14,812.21 49.5 113 039-141-09 $1,062,510 $21,717.04 $14,812.21 $14,812.21 29.1 114 039-141-10 $256.885 $21.717.04 $14.812.21 $14.812.21 7.0 115 039-141-11 $1,247.542 $21.717.04 $14.812.21 $14,812.21 ------- ---------_._------~_._- 34.2 $21.717.04 $14,812.21 ----- 116 039-132-01 $353,185 $14.812.21 9.7 117 039-132-02 $1 37,172 $21.717.04 $14.812.21 $14,812.21 3.8 118 039-132-15 $682,858 $21.717.04 $14,812.21 $14.812.21 18.7 119 039-132-14 $1,020,000 $21,717.04 $14,812.21 $14,812.21 27.9 120 039-132-05 $743,502 $21,717.04 $14,812.21 $14,812.21 20.4 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon May 3, 2006 Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report Page 18 Assessor's Total Assessments as Assessments as Assessments as Value Asmt Parcel Assessed Existing Preliminarily Confirmed and Modified after to Lien No. Number Value Liens Approved Recorded Recordation Ratio 121 039-132-06 $815,164 $21,717.04 $14,812.21 $14,812.21 22.3 122 039-132-07 $340,988 $21,717.04 $14,812.21 $14,812.21 9.3 123 039-132-08 $319,236 $21,717.04 $14,812.21 $14,812.21 8.7 124 039-132-11 $122,229 $21,717.04 $14,812.21 $14,812.21 3.3 125 039-132-12 $401,307 $21,717.04 $14,812.21 $14,812.21 11.0 126 039-031-01 $1,484,004 $21,717.04 $14,812.21 $14,812.21 40.6 127 039-031-02 $208,637 $0.00 $14,812.21 $14,812.21 14.1 128 039-031-30 $303,416 $21,717.04 $14,812.21 $14,812.21 8.3 129 039-261-04 $1,581,000 $10,858.52 $7,406.12 $7,406.11 86.6 130 039-261-03 $1,507,461 $7,239.02 $4,937.41 $4,937.41 123.8 131 039-261-02 $505,354 $7,239.02 $4,937.41 $4,937.41 41.5 132 039-261-01 $2,075,700 $7,239.02 $4,937.41 $4,937.41 170.5 133 039-033-03 $195,219 $21,717.04 $14,812.21 $14,812.21 5.3 134 039-033-02 $409,475 $0.00 $14,812.21 $14,812.21 27.6 135 039-033-01 $198,009 $21,717.04 $14,812.21 $14,812.21 5.4 136 039-070-32 $1,851,300 $21,717.04 $14,812.21 $14,812.21 50.7 137 039-070-33 $1,681,380 $21,717.04 $14,812.21 $14,812.21 46.0 138 039-032-08 $1,381,500 $21,717.04 $14,812.21 $14,812.21 37.8 139 039-032-10 $1,854,685 $21,717.04 $14,812.21 $14,812.21 50.8 140 039-032-09 $297,501 $21,717.04 $14,812.21 $14,812.21 8.1 141 039-032-06 $166,087 $0.00 $14,812.21 $14,812.21 11.2 142 039-032-05 $217,949 $21,717.04 $14,812.21 $14,812.21 6.0 143 039-032-04 $203,470 $21,717.04 $14,812.21 $14,812.21 5.6 144 039-032-03 $1,007,044 $21,717.04 $14,812.21 $14,812.21 27.6 145 039-032-02 $295,831 $21,717.04 $14,812.21 $14,812.21 8.1 146 039-222-19 $276,775 $26,717 .04 $14,812.21 $14,812.21 6.7 147 039-222-20 $315,847 $21,717.04 $14,812.21 $14,812.21 8.6 148 039-222-18 $1,180,378 $21,717.04 $14,812.21 $14,812.21 32.3 149 039-222-21 $926,078 $21,717.04 $14,812.21 $14,812.21 25.4 150 039-031-04 $2,034,900 $21,717.04 $14,812.21 $14,812.21 55.7 151 039-031-27 $1,374,611 $21,717.04 $14,812.21 $14,812.21 37.6 152 039-031-19 $1,490,040 $21,717.04 $14,812.21 $14,812.21 40.8 153 039-031-25 $1,555,500 $21,717.04 $14,812.21 $14,812.21 42.6 154 039-031-08 $228,299 $21,717.04 $14,812.21 $14,812.21 6.2 155 039-031-26 $453,370 $26,717.04 $14,812.2.1 $14,812.21 10.9 156 039-031-29 $218,519 $26,717.04 $14,812.21 $14,812.21 5.3 157 039-031-11 $1,729,616 $21,717.04 $14,812.21 $14,812.21 47.3 158 039-031-12 $162,677 $21,717.04 $14,812.21 $14,812.21 4.5 159 039-031-13 $492,543 $21,717.04 $14,812.21 $14,812.21 13.5 160 039-031-14 $788,059 $21,717.04 $14,812.21 $14,812.21 21.6 161 039-031-15 $212,389 $21,717.04 $14,812.21 $14,812.21 5.8 162 039-031-16 $1,067,781 $21,717.04 $14,812.21 $14,812.21 29.2 163 039-031-17 $1,053,970 $21,717.04 $14,812.21 $14,812.21 28.9 164 039-141-13 $1,479,027 $0.00 $14,812.21 $14,812.21 99.9 --~-~-~--,----- 165 039-141-14 $2,200,000 $21,717.04 $14,812.21 $14,812.21 60.2 $21,717.04 $14,812.21 --_._~-- 166 039-141-21 $1,819,414 $14,812.21 49.8 167 039-141-16 $316,644 $21,717.04 $14,812.21 $14,812.21 8.7 168 039-141-17 $1,501,969 $21,717.04 $14,812.21 $14,812.21 41.1 169 039-141-18 $1,363,745 $21,717.04 $14,812.21 $14,812.21 37.3 170 039-141-19 $1,000,125 $21,717.04 $14,812.21 $14,812.21 27.4 171 039-141-20 $322,971 $21,717.04 $14,812.21 $14,812.21 8.8 172 039-141-12 $473,766 $21,717.04 $14,812.21 $14,812.21 13.0 173A 039-223-02 $1,722,780 $21,717.04 $14,812.21 $14,812.21 47.2 1738 039-221-14 $349,471 $26,717.04 $14,812.21 $14,812.21 8.4 174 039-223-01 $1,293,370 $21,717.04 $14,812.21 $14,812.21 35.4 $21,717.04 $14,812.21 $14,812.21 -------- .._~ 176 039-221-13 $1,081,469 29.6 177 039-221-07 $1,675,000 $21,717.04 $14,812.21 $14,812.21 45.9 178 039-221-11 $295,835 $26,717.04 $14,812.21 $14,812.21 7.1 179 039-222-25 $277 ,800 $0.00 $14,812.21 $14,812.21 18.8 180 039-222-24 $267,736 $21,717.04 $14,812.21 $14,812.21 7.3 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon May 3, 2006 Del Mar Valley Utility Undergroundin9 Supplemental Assessment District Final Engineer's Report Page 19 Assessor's Total Assessments as Assessments as Assessments as Value Asmt Parcel Assessed Existing Preliminarily Confirmed and Modified after to Lien No. Number Value Liens Approved Recorded Recordation Ratio 181 039-222-26 $279,467 $21,717.04 $14,812.21 $14,812.21 7.7 182 039-222-23 $227,047 $21,717.04 $14,812.21 $14,812.21 6.2 183 039-221-01 $843,775 $31,146.62 $20,527.68 $20,331.24 16.4 184 039-221-02 $940,610 $31,146.62 $20,527.68 $20,331.24 18.3 185 039-221-03 $1,112,446 $31,146.62 $20,527.68 $20,331.24 21.6 186 039-221-09 $1,627,485 $31,146.62 $20,527.68 $20,331.24 31.6 187 039-221-10 $1,030,507 $31,146.62 $20,527.68 $20,331.24 20.0 188 039-081-10 $1,669,854 $31,146.62 $20,527.68 $20,331.24 32.4 189 039-081-13 $1,091,831 $31,146.62 $20,527.68 $20,331.24 21.2 190 039-222-22 $257,332 $31,146.62 $20,527.68 $20,331.24 5.0 191 039-222-07 $1,050,462 $0.00 $20,527.68 $20,331.24 51.7 192 039-222-08 $1,182,276 $31,146.62 $20,527.68 $20,331.24 23.0 193 039-222-09 $921,696 $31,146.62 $20,527.68 $20,331.24 17.9 194 039-070-14 $937,947 $31,146.62 $20,527.68 $20,331.24 18.2 195 039-070-15 $1,233,493 $31,146.62 $20,527.68 $20,331.24 24.0 196 039-070-16 $244,660 $10,382.20 $6,842.56 $6,777.07 14.3 197 039-070-10 $480,303 $10,382.20 $6,842.56 $6,777.07 28.0 198 039-070-09 $959,717 $10,382.20 $6,842.56 $6,777.07 55.9 199 039-070-07 $188,181 $10,382.20 $6,842.56 $6,777.07 11.0 200 039-070-06 $1,446,890 $10,382.20 $6,842.56 $6,777.07 84.3 201 039-070-19 $327,743 $0.00 $6,842.56 $6,777.07 48.4 202 039-070-34 $1,192,463 $15,573.51 $10,263.84 $10,165.79 46.3 203 039-070-18 $1,900,000 $31,146.62 $20,527.68 $20,331.24 36.9 204 039-121-04 $242,225 $31,146.62 $20,527.68 $20,331.24 4.7 205 039-121-03 $1,033,113 $31,146.62 $20,527.68 $20,331.24 20.1 206 039-121-02 $1,907,675 $31,146.62 $20,527.68 $20,331.24 37.1 207 039-121-13 $182,928 $36,146.62 $20,527.68 $20,331.24 3.2 208 039-121-14 $2,077,040 $31,146.62 $20,527.68 $20,331.24 40.3 209 039-070-29 $671,364 $31,146.62 $20,527.68 $20,331.24 13.0 210 039-070-28 $669,501 $31,146.62 $20,527.68 $20,331.24 13.0 211 039-070-26 $1,551,418 $31,146.62 $20,527.68 $20,331.24 30.1 $524,170 ----.--- 212 039-070-27 $31,146.62 $20,527.68 $20,331.24 10.2 213 039-070-24 $2,209,292 $31,146.62 $20,527.68 $20,331.24 42.9 214 039-070-25 $1,454,656 $31,146.62 $20,527.68 $20,331.24 28.3 215 039-070-21 $573,067 $31,146.62 $20,527.68 $20,331.24 11.1 216 039-070-22 $273,611 $31,146.62 $20,527.68 $20,331.24 5.3 217 039-070-30 $1,498,663 $31,146.62 $20,527.68 $20,331.24 29.1 218 039-070-31 $2,115,098 $31,146.62 $20,527.68 $20,331.24 41.1 219 039-271-26 $1,900,918 $31,146.62 $20,527.68 $20,331.24 36.9 220 039-271-27 $2,008,317 $0.00 $20,527.68 $20,331.24 98.8 221 039-271-28 $1,044,145 $36,146.62 $20,527.68 $20,331.24 18.5 $156,614,808 $4,040,872.63 $3,180,000.00 $3,173,222.00 21.7 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page" 20 NAMES AND ADDRESSES OF PROPERTY OWNERS The following Table 2 contains the names and addresses of property owners within this district: Names & Addresses of Property Owners. Table 2 Asmt APN Owner Name Mailing Address No. 1 055-191-20 MORRISON BARBARA H 10 OAK AVE BELVEDERE-TIBURON CA 94920 2 055-191-19 VAN L1GTEN THEOPHILE F 682 HAWTHORNE DR TIBURON CA 94920 3 055-191-18 MAHONEY COLLEEN PO BOX 1053 TIBURON CA 94920 4 055-191-17 MC KENNA FRANK 678 HAWTHORNE DR TIBURON CA 94920 5 055-191-16 MC KNIGHT WILLIAM III AND JOAN M 154 LOCUST AVE LARKSPUR CA 94939 6 055-191-15 NEWMAN JAMES W AND DIANE M 674 HAWTHORNE DR TIBURON CA 94920 7 055-191-14 TURAN MICHAEL 672 HAWTHORNE DR TIBURON CA 94920 8 055-191-13 PRESOTTO FRANK C AND MARGARET L 670 HAWTHORNE DR TIBURON CA 94920 9 055-191-24 FERRIN PATRICIA M 668 HAWTHORNE DR TIBURON CA 94920 10 055-191-11 ANGELlCH MARK 0 AND JANE E 669 HAWTHORNE DR BELVEDERE-TIBURON CA 94920 11 055-191-10 KOVAS RITA UE 437 ALCATRAZ AVE OAKLAND CA 94609 12 055-191-09 YOUNG DONALD M AND JANE F 673 HAWTHORNE DR TIBURON CA 94920 13 055-191-08 BAILEY BRETT H AND KATHLEEN M 675 HAWTHORNE DR BELVEDERE-TIBURON CA 94920 14 055-191-07 NOOTEBOOM JOHN AND JANET 677 HAWTHORNE DR BELVEDERE-TIBURON CA 94920 15 055-191-06 VAN BLARICOM ROBERT A AND JANE A 679 HAWTHORNE DR TIBURON CA 94920 16 055-191-05 BURKE SAMMIE L rrRl PO BOX 703 TIBURON CA 94920 17 055-191-04 LONGSTRETH MARIANA B fTRI 683 HAWTHORNE DR TIBURON CA 94920 18 055-191-03 WILSON MURRAY J AND KATHERYN E 685 HAWTHORNE DR TIBURON CA 94920 19 055-142-03 SHEPARD JAMES E AND SALLY-JEAN 100 AVENIDA MIRAFLORES TIBURON CA 94920 20 055-142-04 COOPER HELEN F rrRI 106 AVENIDA MIRAFLORES TIBURON CA 94920 21 055-142-17 HIPPLE DANIEL P AND KATHLEEN J 110 A VENIDA MIRAFLORES BELVEDERE-TIBURON CA 94920 22 055-142-06 HALDEN MARLENE M rrRI 114 AVENIDA MIRAFLORES TIBURON CA 94920 23 055-142-21 SCHORN STEIN HAL T AND DANA M 4 FELlPA CT BELVEDERE-TIBURON CA 94920 24 055-142-19 WHEELER KELLY J AND BEVERLY V 6 FELlPA CT TIBURON CA 94920 25 055-142-16 LINDGREN BRUCE C AND KAREN K 8 FELlPA CT TIBURON CA 94920 26 055-142-01 LOGAN BETH G 10 FELlPA CT TIBURON CA 94920 27 055-142-08 SMISSAERT JOHN H ISABELL 7 FELlPA CT TIBURON CA 94920 28 055-142-09 TAGGART JAMES R 5 FELlPA CT TIBURON CA 94920 29 055-142-10 ROZEN RICHARD 0 AND RUTH A 3 FELlPA CT TIBURON CA 94920 30 055-142-11 INGLEDEW STEPHEN AND JOANNE M 1 FELlPA CT TIBURON CA 94920 31 055-142-12 CLELAND MARILYN HAND JAY M 640 HILARY DR TIBURON CA 94920 32 055-142-13 KEATING KATHERINE K TR 646 HILARY DR TIBURON CA 94920 33 055-142-14 SMETANA MARGARET M AND MARGARET M 650 HILARY DR TIBURON CA 94920 34 055-182-06 KRAVITZ STEVEN B 662 HILARY DR BELVEDERE-TIBURON CA 94920 35 055-182-07 NEMZER KENNETH P MARILYN 664 HILARY DR TIBURON CA 94920 36 055-183-01 KAMI SABURO AND JOYCE 655 HILARY DR BELVEDERE-TIBURON CA 94920 37 055-183-02 BRINKMAN WILLIAM A AND RANDALL L 651 HILARY DR TIBURON CA 94920 38 055-183-03 HANNUM JAMES M AND DIANE S 653 HILARY DR TIBURON CA 94920 39 055-144-01 ROSENTHAL KENNETH AND JOAN 647 HILARY DR TIBURON CA 94920 40 055-144-02 WHITED ROBERT B II 641 HILARY DR BELVEDERE-TIBURON CA 94920 41 055-144-03 RICHARDS TIMOTHY J AND MICHELE L 132 AVENIDA MIRAFLORES TIBURON CA 94920 42 055-144-04 KUNTZ MARTIN C III AND ROSE G 136 AVENIDA MIRAFLORES TIBURON CA 94920 43 055-144-05 BARKHORDARIAN VICTOR fTRI 138 AVENIDA MIRAFLORES BEL VEDERE- TIBURON CA 94920 44 055-144-06 GORDON ESME AND ROY 140 AVENIDA MIRAFLORES TIBURON CA 94920 45 055-143-01 SASLOW NANCY A rrRI 145 AVENIDA MIRAFLORES TIBURON CA 94920 -4s- - 055-143-02 o ROURKE YOLANDE E AND YOLANDE E 141 AVENIDA MIRA FLORES TIBURON CA 94920 --- 47 055-143-03 ENLOW MICHELLE 137 AVENIDA MIRAFLORES TIBURON CA 94920 48 055-143-04 o DONNELL EMMETT 135 AVENIDA MIRAFLORES TIBURON CA 94920 49 039-135-02 STEPHENS DONALD RAND BEVERLY L 603 HILARY DR TIBURON CA 94920 50 039-135-01 BRILL ROBERT H AND DONNA M 605 HILARY DR TIBURON CA 94920 51 039-135-03 RIEDEN STEPHEN M AND EVON L 85 ROWLEY CIR TIBURON CA 94920 52 039-135-04 DOHERTY MARYCLAIRE C AND MARYCLAIRE 75 ROWLEY CIR TIBURON CA 94920 53 039-135-05 WIEGER EDWARD K AND NANCY L 15 GELDERT DR TIBURON CA 94920 54 039-135-06 JACKMAN ALLAN E AND ALLAN E 25 GELDERT DR BEL VEDERE- TIBURON CA 94920 55 039-135-07 FYE KENNETH HAND MARILYN 0 35 GELDERT DR TIBURON CA 94920 56 055-141-01 JOHNSON RICHARD C ANDREA 129 AVENIDA MIRAFLORES TIBURON CA 94920 57 055-141-02 CAVINESS CHARLES P AND JOAN G 121 AVENIDA MIRAFLORES TIBURON CA 94920 -- 58 055-141-03 DOYLE JAMES H III AND PATRICIA M 115 AVENIDA MIRAFLORES TIBURON CA 94920 59 055-141-07 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 -60 - 055-141-05 REED UNION SCHOOL DISTRICT 277 A KAREN WAY TIBURON CA 94920 -- 61 039-134-13 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 62 039-134-12 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 63 039-134-11 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 64 039-134-10 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 Q:\tiburon\Del Mar Supplemental\report\deJ mar fnl rpt 3-may-06.doc 8' Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 21 Asmt APN Owner Name Mailing Address No. 65 039-134-09 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 66 039-134-08 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 67 039-134-17 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 68 039-134-15 REED UNION SCHOOL DISTRICT 105 A AVENIDA MIRAFLORES TIBURON CA 94920 69 039-134-25 MESSINA LOUIS M AND CATHERINE R 410 HILARY DR TIBURON CA 94920 70 039-134-27 BENVENUTI ROY AND SUE 408 HILARY DR TIBURON CA 94920 71 039-134-26 GROTHE KATHRYN 406 HILARY DR BELVEDERE-TIBURON CA 94920 72 039-134-22 SCHOENSTADT POP LLC 404 HILARY DR TIBURON CA 94920 73 039-134-19 KOSCIUSKO RONALD H AND SHIRLEY A 402 HILARY DR TIBURON CA 94920 74 055-102-27 PERRING P J 398 HILARY DR TIBURON CA 94920 75 055-102-26 SCHOENSTADT JULIA P TR 5120 DOWNEY AVE INDEPENDENCE MO 64055 76 055-102-25 WILSON JAMES G AND JOAN H 394 HILARY DR TIBURON CA 94920 77 055-102-24 HEIMERL LAURENCE L HELEN 564 TENA Y A DR TIBURON CA 94920 78 055-102-30 WONG WILLIAM H AND GLORIA M F 565 TENA Y A DR TIBURON CA 94920 79 039-131-11 PUCKETT MYRON L AND SHEILA M 401 HILARY DR TIBURON CA 94920 80 039-131-10 BRYANT JAMES W fTRI 403 HILARY DR TIBURON CA 94920 81 039-131-09 GRAFF JEFFREY N AND ANNETTE F 405 HILARY DR TIBURON CA 94920 82 039-131-14 PLANT MARGOT F 407 HILARY DR TIBURON CA 94920 83 039-131-15 BACHELLER JOSEPH H III AND BRUCE B 409 HILARY DR BELVEDERE-TIBURON CA 94920 84 039-131-06 HAHN JOHN G fTRI 100 HOWARD DR TIBURON CA 94920 85 039-133-09 BERGMANN WILLIAM M AND VALERIE W 101 HOWARD DR TIBURON CA 94920 86 039-133-10 GOODING MARK G AND LUCY G 515 HILARY DR TIBURON CA 94920 87 039-133-11 YIN TOM W 525 HILARY DR TIBURON CA 94920 88 039-133-12 TOLMIE JOHN AND ALEXANDRA 535 HILARY DR TIBURON CA 94920 89 039-133-13 All SHEILA AND SHEILA 545 HILARY DR TIBURON CA 94920 90 039-133-14 CARSWELL ANTHONY S AND SUZANNE D 555 HILARY DR TIBURON CA 94920 91 039-133-15 HANLEY MICHAEL T fTRI 90 ROWLEY CIR TIBURON 94920-1427 92 039-133-08 BARKHORDARIAN VICTOR TR 138 AVENIDA MIRAFLORES TIBURON CA 94920 93 039-133-07 HAKAMIREZA 70 ROWLEY CIR TIBURON CA 94920 94 039-133-06 WALSH JAMES J AND LAVERN S 60 ROWLEY CIR TIBURON CA 94920 95 039-133-05 DUNWORTH JAMES R YAEKO 225 E COLLEGE AVE HOLLY SPRINGS MS 38635 96 039-133-04 COFFEY SAMUEL RAND ADRIENE B 40 ROWLEY CIR TIBURON CA 94920 97 039-133-03 MILLER MICHAEL F fTRI 30 ROWLEY CIR TIBURON CA 94920 98 039-133-02 BRODERICK HENRY J AND MARY J 20 ROWLEY CIR TIBURON CA 94920 99 039-133-01 o CONNOR DOUGLAS R fTRI 10 ROWLEY CIR TIBURON CA 94920 100 039-131-05 MUMFORD HARRY G JR AND SUSAN A 102 HOWARD DR TIBURON CA 94920 101 039-131-04 TRIPP JOHN K AND PRISCILLA C 104 HOWARD DR BELVEDERE-TIBURON CA 94920 102 039-131-13 GAZULlS THEODORE rTRI 106 HOWARD DR TIBURON CA 94920 103 039-131-12 ARONOVSKY DANIEL M SUSAN 108 HOWARD DR TIBURON CA 94920 104 039-131-01 HESS ROBERT C AND JOAN T 110 HOWARD DR TIBURON CA 94920 105 039-141-01 MICKEL ROBERT A 112 HOWARD DR TIBURON CA 94920 106 039-141-02 COX WILLIAM E AND WILLIAM E 114 HOWARD DR TIBURON CA 94920 107 039-141-03 STEINDL CHRISTIAN R JOAN 116 HOWARD DR TIBURON CA 94920 108 039-141-04 BECHARD THOMAS R 118 HOWARD DR TIBURON CA 94920 109 039-141-05 DARU SUDHIR C AND JANET S 120 HOWARD DR TIBURON CA 94920 110 039-141-06 LASKY HOWARD 122 HOWARD DR TIBURON CA 94920 111 039-141-07 CASELLI VIRGIL P MARY T 119 HARN CT TIBURON CA 94920 112 039-141-08 DUDGEON DIRK B 117 HARN CT TIBURON CA 94920 113 039-141-09 STALLMAN MICHAEL A AND ROBIN J 115 HARN CT TIBURON CA 94920 114 039-141-10 MC GEE ROGER CANDJOAN R 113 HARN CT TIBURON CA 94920 115 039-141-11 KIMBALL JON D AND JANE B 111 HARN CT TIBURON CA 94920 116 039-132-01 RICHARDS JEANNETTE D 109 HOWARD DR TIBURON CA 94920 117 039-132-02 WRA Y CHARLES H TR 2081 HYDE BURNDALE SONOMA CA 95476 118 039-132-15 KOUTOULAS PAUL AND ARLENE 15 ROWLEY CIR BELVEDERE-TIBURON CA 94920 119 039-132-14 DACHTLER JASON PO BOX 348 TIBURON 94920-0348 120 039-132-05 RUSSELL JAMES SAND SAN DEE K 35 ROWLEY CIR TIBURON CA 94920 121 039-132-06 POPE CHARLES B AND MICHELLE R 45 ROWLEY CIR TIBURON CA 94920 122 039-132-07 MORRIS MARK M III AND SUSAN S 55 ROWLEY CIR BELVEDERE-TIBURON CA 94920 123 039-132-08 TORRENS WALTER L TR 65 ROWLEY CIR TIBURON CA 94920 124 039-132-11 STEWART STANLEY AND RITA J PO BOX 982 TIBURON CA 94920 125 039-132-12 CLARKE PETER A AND MARGARET M 20 GELDERT DR BEL VEDERE- TIBURON CA 94920 126 039-031-01 L1N A-SHIANG AND YAN H 30 GELDERT DR TIBURON CA 94920 127 039-031-02 HEYDORN WILLIAM H AND WILLIAM H 40 GELDERT DR TIBURON CA 94920 128 039-031-30 BERN ECKER LUDWIG 60 GELDERT DR TIBURON CA 94920 --.- 129 039-261-04 EICHLER AVA M 37 GELDERT CT TIBURON CA 94920 130 039-261-03 BARZGAR ABBASS fTRI 5 BON AIR RD #220 LARKSPUR CA 94939 131 039-261-02 LEAL JUAN 41 GELDERT CT TIBURON CA 94920 132 039-261-01 CHERRY NATALIE SAND TAISSA 43 GELDERT CT TIBURON CA 94920 133 039-033-03 CAVANAGH MICHAEL E AND MARIE C 45 GELDERT DR BELVEDERE-TIBURON CA 94920 134 039-033-02 ABERI MAJID AND SHAHRZAD 113 REED RANCH RD TIBURON CA 94920 Q:\tiburon\Del Mar Supplemental\report\del mar fu] rpt 3-may-06.doc 81 Harris & Assodates T own of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 22 Asmt APN Owner Name Mailing Address No. 135 039-033-01 SMITH ROGER H AND CATHERINE M 5 WILKINS CT TIBURON CA 94920 136 039-070-32. HILLS QUENTIN K ITRI 7 WILKINS CT TIBURON CA 94920 137 039-070-33 CAIRE JILL B 9 WILKINS CT TIBURON CA 94920 138 039-032-08 LAROSE-DUNN ELIZABETH 10 WILKINS CT TIBURON CA 94920 139 039-032-10 URQUHART ERNEST H fTRJ 8 WILKINS CT TIBURON CA 94920 140 039-032-09 WISCHOW RUSSELL P AND DORIS M 6 WILKINS CT TIBURON CA 94920 141 039-032-06 EBERTS FRED C DORIS D TR 75 GELDERT DR TIBURON CA 94920 142 039-032-05 KENNEDY ROBERT M AND DAWN M 85 GELDERT DR TIBURON CA 94920 .-- 143 039-032-04 KANDEL REVOC TRUST 95 GELDERT DR TIBURON CA 94920 144 039-032-03 JACKSON DANIEL E AND ALEXIA N 105 GELDERT DR TIBURON CA 94920 145 039-032-02 KULP RICHARD M PAOLA 0 T 115 GELDERT DR TIBURON CA 94920 146 039-222-19 OEI CECILIA T ITRI 135 GELDERT DR TIBURON CA 94920 147 039-222-20 LU BUICH MARY TR 139 GELDERT DR TIBURON CA 94920 148 039-222-18 BROWN STEPHEN M AND HEIDI K 137 GELDERT DR TIBURON 94920-1408 149 039-222-21 LICHTER LAURENCE J AND NEDRA R 141 GELDERT DR TIBURON 94920-1408 150 039-031-04 BABER KENNETH A AND KRISTIN L 70 GELDERT DR TIBURON CA 94920 -~ 151 039-031-27 COMANN TYLER K ITRJ 2 MALVINO CT TIBURON CA 94920 152 039-031-19 NEAL ROGER W AND GRETCHEN K 4 MALVINO CT TIBURON CA 94920 153 039-031-25 FRENCH JEFFREY A AND MICHEL YN R 6 MALVINO CT TIBURON CA 94920 154 039-031-08 GAZOR FARID 8 MALVINO CT TIBURON CA 94920 155 039-031-26 MALECEK HENRY D AND NANCY D 12 MALVINO CT BELVEDERE-TIBURON CA 94920 156 039-031-29 CHAZEN DONNA L ITRI 16 MALVINO CT TIBURON CA 94920 157 039-031-11 FENNEMA FRANK AND LAURA 20 MALVINO CT TIBURON CA 94920 158 039-031-12 GEIGER MARY B TR 80 GELDERT DR TIBURON CA 94920 159 039-031-13 GALLEGIONI THELMA TR 50% 90 GELDERT DR TIBURON CA 94920 160 039-031-14 KAVEH FARZIN 100 GELDERT DR TIBURON CA 94920 161 039-031-15 ZEMAITIS JOSEPH F AND PAULINE N 110 GELDERT DR TIBURON CA 94920 162 039-031-16 SOROKIN GIDEON AND CHERYL 120 GELDERT DR TIBURON CA 94920 163 039-031-17 JOLLEY SCOTT C 4474 CREST OAK DR SAL T LAKE CITY UT 84124 164 039-141-13 KRAMER HAROLD AND LINDA E 15 MARK TER TIBURON CA 94920 165 039-141-14 PETRI MARK ITRI 25 MARK TER TIBURON CA 94920 166 039-141-21 ETH JORDAN 35 MARK TER TIBURON CA 94920 167 039-141-16 NIELSEN VIGO G JR AND ARLENE M 29 MARK TER TIBURON CA 94920 168 039-141-17 BARADELLO CARLOS S AND ANA B 31 MARK TER BELVEDERE-TIBURON CA 94920 169 039-141-18 THORNTON BARRY F 33 MARK TER TIBURON CA 94920 170 039-141-19 SAMS ANDREW E 30 MARK TER TIBURON CA 94920 171 039-141-20 STRUNK BRIAN L AND JUNE 0 20 MARK TER BELVEDERE-TIBURON CA 94920 172 039-141-12 LLOYD THOMAS T AND LORETTA 16 MARK TER TIBURON CA 94920 173A 039-223-02 KENNEALLY JOHN F AND CYNTHIA D W 140 GELDERT DR TIBURON CA 94920 173B 039-221-14 SMITH KEITH W 125 PORTO MARINO DR TIBURON CA 94920 174 039-223-01 HUEHNE PETER AND ELKE M 140 PORTO MARINO DR TIBURON CA 94920 176 039-221-13 JOSEPH DONALD R AND SHERI T 135 PORTO MARINO DR TIBURON CA 94920 177 039-221-07 KENNEDY ROBERT G AND DOROTHEA B 145 PORTO MARINO DR TIBURON CA 94920 178 039-221-11 MC FETRIDGE JOAN M 155 PORTO MARINO DR BELVEDERE-TIBURON CA 94920 179 039-222-25 RUNES GARY WAND PATRICIA R 144 PORTO MARINO DR TIBURON CA 94920 180 039-222-24 GOODMAN CHAD J AND CYNTHIA M 150 PORTO MARINO DR TIBURON CA 94920 181 039-222-26 MURAD JAMES AND RUTH 160 PORTO MARINO DR TIBURON CA 94920 182 039-222-23 MILLER NORMAN G AND SUZANNE R 186 PORTO MARINO DR TIBURON CA 94920 183 039-221-01 BONANDER JEAN A AND JIMMIE D 56 HACIENDA DR TIBURON CA 94920 184 039-221-02 MULBERG FRANK AND SHELLEY 66 HACIENDA DR TIBURON CA 94920 185 039-221-03 HOUSTON JEFFREY L 76 HACIENDA DR TIBURON CA 94920 186 039-221-09 FRIED DAVID M AND COLLEEN P 88 HACIENDA DR TlBURON CA 94920 187 039-221-10 MC WHINNEY DEBORAH D TR 98 HACIENDA WAY BELVEDERE-TIBURON CA 94920 188 039-081-10 HIGGINS JANINE M 45 HACIENDA DR TIBURON CA 94920 189 039-081-13 JONES CARLETON B AND KAREN R 75 HACIENDA DR TIBURON CA 94920 190 039-222-22 ROUBINIAN JIRAYR R AND MELINE 190 PORTO MARINO DR TIBURON CA 94920 191 039-222-07 OSHIMA SETSUYA AND YVONNE 100 HACIENDA DR TIBURON CA 94920 192 039-222-08 APPLEMAN JEFF T TR 108 HACIENDA DR TIBURON CA 94920 193 039-222-09 BASS MICHAEL J ITRI 112 HACIENDA DR TIBURON CA 94920 194 039-070-14 MAIER KURT E AND JAINA 116 HACIENDA DR TIBURON CA 94920 195 039-070-15 SPATZ DAVID M 118 HACIENDA DR TIBURON CA 94920 -- 196 039-070-16 BREEN MARVIN G AND CAROLE R 18 NOCHE VISTA LN TIBURON CA 94920 197 039-070-10 SEDAGHATFAR JAHANGIR AND JANET 20 NOCHE VISTA LN TIBURON CA 94920 198 039-070-09 HANKAMER GARY TR 24 NOCHE VISTA LN BELVEDERE-TIBURON CA 94920 199 039-070-07 HULL-SANDINE RUTH ITRI 30 NOCHE VISTA LN TIBURON CA 94920 200 039-070-06 FERGUSON JOHN R 34 NOCHE VISTA LN BELVEDERE-TIBURON CA 94920 201 039-070-19 EPSTEIN CHARLES J AND LOIS B 19 NOCHE VISTA LN BELVEDERE-TIBURON CA 94920 202 039-070-34 MOSTYN KEVIN P PO BOX 2130 MILL VALLEY CA 94942 203 039-070-18 RAWAL ASEEM 0 120 HACIENDA DR TIBURON CA 94920 204 039-121-04 BUXTON EVA G ITRI 111 HACIENDA DR TIBURON CA 94920 Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 23 Asmt APN Owner Name Mailing Address No. 205 039-121-03 SMITH LEE C AND PERRY 0 117 HACIENDA DR TIBURON CA 94920 206 039-121-02 REED THOMAS S 123 HACIENDA DR TIBURON CA 94920 207 039-121-13 KLAVERT GLENN R AND BARBARA L 137 HACIENDA DR TIBURON 94920-1103 -- 208 039-121-14 THOMPSON JUDITH A 139 HACIENDA DR TIBURON CA 94920 209 039-070-29 FACTER JEFFREY S 130 HACIENDA DR BELVEDERE-TIBURON CA 94920 210 039-070-28 MILANO RUGGERO AND SHAHLA 132 HACIENDA DR TIBURON CA 94920 211 039-070-26 BRODY KIMBERLEY C TR 134 HACIENDA DR TIBURON CA 94920 212 039-070-27 VON BURG PHILIP AND VALERIE 218 MEDA LN MILL VALLEY CA 94941 213 039-070-24 LUDY ERNEST G 801 LAUREL OAK DR #610 NAPLES FL 34108 214 039-070-25 SHOUSHT ARIAN MOHAMAD R PO BOX 303 TIBURON CA 94920 215 039-070-21 KEELING EDWARD J AND CHRISTA 144 HACIENDA DR TIBURON CA 94920 216 039-070-22 SIEWERT PETER K AND MARYL YN 146 HACIENDA DR TIBURON CA 94920 217 039-070-30 MAISEL JAN 150 HACIENDA DR TIBURON CA 94920 218 039-070-31 ROVEN ROSE W TR 152 HACIENDA DR TIBURON CA 94920 219 039-271-26 GOODWILL SIDNEY AND SUSAN 160 HACIENDA DR TIBURON CA 94920 220 039-271-27 HANSEN JOHN C TR 170 HACIENDA DR TIBURON CA 94920 221 039-271-28 WAYNE VICTORIA P AND ANTHONY C 5604 PARADISE DR CORTE MADERA CA 94925 Q:\tiburon\Del Mar Supplemental\report\del mar fnI rpt 3-may-06.doc =1 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 24 PLANS AND SPECIFICATIONS Reference is hereby made to the Plans and Specifications in and for said assessment proceedings on file in the office of the Town Clerk of the Town of Tiburon, County of Marin. The Plans and Specifications are by reference included with this Engineer's Report. ANNUAL ADMINISTRATIVE ASSESSMENT A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the Town of Tiburon, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both. The maximum assessment is authorized pursuant to the provisions of Section 10204(f) of the Act and shall not exceed twenty thousand dollars ($20,000) per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco-Oakland-San Jose areas. The exact amount of the administration charge will be established each year by the Superintendent of Streets. Each parcel within the Assessment District shall be allocated an equal share of such costs. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement Q:\tiburon\Del Mar Supplemental\report\del mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 Page 25 CERTIFICATES 1. I, the Town Clerk of the Town of Tiburon, County of Marin, State of California, hereby certify that the Preliminary Assessment and Preliminary Assessment Roll in this Engineer's Report, in the amounts set forth herein, with the Assessment Diagram attached, was filed with me on , 2006. Diane Crane Iacopi Town Clerk, Town of Tiburon 2. I, the Town Clerk of the Town of Tiburon, County of Marin, State of Cali fomi a, hereby certify that the Confirmed Assessment in this Engineer's Report, in the amounts set forth herein, was approved and confirmed by the Town Council of the Town of Tiburon on , 2006, by Resolution No. Diane Crane Iacopi Town Clerk, Town of Tiburon 3. I, the Superintendent of Streets of the Town of Tiburon, County of Marin, State of California, hereby certify that the Assessment in this Engineer's Report, together with the Assessment Diagram thereto attached, was recorded in my office on , 2006. Dave Benlardi Superintendent of Streets, Town ofTiburon Q:\tiburon\DeI Mar Supplemental\report\deI mar fnl rpt 3-may-06.doc 81 Harris & Assodates Town of Tiburon Del Mar Valley Utility Undergrounding Supplemental Assessment District Final Engineer's Report May 3, 2006 APPENDIX Q:\tiburon\Del Mar Supplemental\report\de1 mar fnl rpt 3-may-06.doc 81 Harris & Assodates CD o o N M ~ CO :E - Co) .~ - en C - s::: Q) E en en Q) en en <( m - s::: Q) E Q) a. a.. ::s en 0) s::: ~ s::: ::s o .... 0) .... Q) 'C S:::1::: ~o ~g. =0:: s::: :5 en o ~-.... :i Q) Q) :e==~ ...... :> '0, o~.fj ~:Em o Q) s::: ......cii: ~ cd: Q) 0> co a.. en s::: o ;; ca :; Co) m (.) - s::: Q) E en en Q) en en <( - c Q) Cii E - II) o II) I- Q) II) II) or:( ~- OOl - c I- .- J!l or:( (..) II) ...J C 0 :JnJO o .E ...JLL or:( 0- !z nJ II) wc:~ :!: (I) C (/)'OQ) (/)'(3 ~ m.Ew ~- C o ;; (..)J!l ~ II) b 0 ~O o () -=~II) ':::(I)c {:. ; '0 mD.. (/)~- I-=~J!l Z.Q (I) .E o~;o D..Q)mD.. 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II) II II II II II II - c Q) E II) II) Q) II) II) <( ~~~J!l z :c (I) "~ 5~~0 e..(I)me.. ~o:: i:i: + w z >.~ en W "'(1). a; ... m~cC ns (I) "0 Cl)me.. + + + + + + + + + + + + + en (.) ;;~J!l ~ ~ .~ ... (I) 0 lfime.. < - en (1)(1)0:::0:::0:::0:::0:::0::: s:.enLLLLLLLLLLLL O)::>(f)(f)(f)(f)(f)(f) J: 0)_ :EO~ en 0 c T""" T""" T""" T""" T""" T""" ";( ~ ::> W NOT"""CDI'-CO NC")MNNN z666...!-...!-~ e..~~~~~~ <mmmmmm C") C") C") M M C") 000000 - EO~~~~~N ~ZNNNNNN ~ .!!J. II'" CU o - ... 0 ,Q I- :J CI) ns (I) ... < (I) > 'i: C ns "C c (I) '0 ns J: u o "0 \!5 o ~ ~ C'"\ e. J3 .... oj E Q) "0 t o 0- ~ tii C III E III 0.. 0- ;::l lZl .... oj ::E Q) Cl C o 5 ~ 6 AYES: NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS COUNCltMEMBERS DIANE CRANEI.ACOPI,TOWN CLERK -2- " PAUL SMITH, MAYOR, TOWN OF TIBURON \, RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCI.LOF THE TOWN OF neURON O.RDERING CHANGES AND MODIFICATIONS TOWN OF neURON Del Mar Valley Utility Underirounding Supplemental Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the ''Town''), County of Marin, State of CaHfornla, that: WHEREAS, on February 1, 2006, this Council adopted Resolution No. 08-2006, A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements, and in it directed the Engineer of Work to make and file a report in writing (the "Supplemental Engineer's Report") in accordance with and pursuant to the Municipal Improvement Act of 1913 {the "Acr) in and for the Town's proposed DelMar Valley Undergrounding Supplemental Assessment District (the "Supplemental Asse.ssment District"); WHEREAS, the Supplemental Engineer's Report wa.s' made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Supplementa.l Engineer's Report for all subsequent proceedings under and pursuant to the Resolution of Intention; WHEREAS, the Engineer of Work has filed with the City Clerk proposed revisions to the Supplemental Engineer's Report as preliminarUy approved by this Council, to wit: revisions in the assessment, resulting in minor reductions in assessments against certain pa.rcels and a small reduction in the overall assessment to bond; WHEREAS, the changes and modifications hereinafter ordered will not increase the tota.1 amount of the assessment or the amount . of any individual assessment nor elim.inate or add any acquisitions or work which will substantially and adversely alter or affect the benefits to be derived from the work and acquisitions; WHEREAS, the public interest, convenience and necessity require the changes and modifications hereinafter ordered; NOW, THEREFORE, IT IS ORDERED that: 1.. Reduction in Assessment. Changes and modifications are hereby be made in individual assessments as set forth in the Supplemental Engineer's Report on file with the Town Clerk, which is made a part hereof, and the total assessment in the proceedings is hereby decreased from the total assessment amount as preliminarily approved to the amount set forth in the Supplemental Engineer's Report on file with the Town Clerk, which is made a part hereof. 2. Effective Date. This resolution shall be effective upon the date of its adoption. ************ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2006, by the following vote to wit: ~. "" If af EXHIBIT /:) RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF neURON ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO TOWN OF TIBURON . Del Mar Vallev UtilitvUnderaroundinaSuDQlemental Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the ~~own"), County of Marin, State of California, that: WHE.REAS,on February 1, 2006, this Council adopted Resoluti.on No. 08-2006, A Resolution of the T own Council of the T OWI1 of Tiburon of Intention to Make Acquisitions and Improvements, and in it directed the Engineer of Work to make and file a report in writing (the "Supplem.ental Engineer's Report") in accordance with and pursuant to the MuniCipal Improvement Act of 1913 (the "Act") in and for the Town's proposed Del Mar Valley Undergrounding Supplemental Assessment District (the "Supplemental Assesstnent District"); , WHEREAS, the Supplemental Engineer's Report was made and filed, and considered by this Council and found to be suffIcient in .every particular, whereupon it was determined that the report should stand as the Supplemental Engineer's Report for an subsequent proceedings under and pursuant to the Resolution of Intention; . WHEREAS, this Counci.lappointed Town Hall Council Charnbers., 1505 Tiburon Blvd., Tiburon, California, on Monday, May 8, 2006, at the hour of 7:30 o'clock p.m., as the place and time for a p~bUc hearing to take testImony and for hearing protests in relation to the proposed acquisitions and improvements (the ulmprovements"), for tabulation on assessment baUotsand final action upon the Supplemental EngIneer's Report, notices of which hearing, including ,assessment ballots, were mailed as required by law; and WHEREAS, the hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and thIngs pertaining to the Improvements were ful.ly heard and considered by this Council, and any protests, both written and oral, were duly heard, considered, and all assessment baHotssubmitted by property owners were received and tabulated; NOW, THEREFORE, IT IS ORDERED as follows:. 1. No Majority Protest; Assessments Approved. It is hereby determined that, upon the conclusion of the public hearing, and after tabulation of the assessment ballots submitted, no majority 'protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the baJlotssubmitted in favor of th~ assessment. I n tabulating the ballots, they were weighted according to the proportional financial obligation of the affected properties. This Council finds that a majority of those casting ballots have voted to approve the assessments and the assessments are hereby found to be approved. ~,,-. .. ,U EXHIBIT C 1\ 2. Public Interest. The public interest, convenience and necessity require that the Improvements be made and that the Supplemental Assessment District be formed. 3. Supplemental Assessment District Described. The Supplemental Assessment District benefited by the Improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the Town Clerk, which map is made a part hereof by reference thereto. 4. Supplemental Engineer's Report Ap.proved. The Supplemental Engineer's Report, in the form on file in the office of the Town Clerk as of the date of this Resolution and to Which reference is hereby 'made for further particulars, including the estimates of costs and expenses, the apportionment of assessments to individual' parcels within the Supplem.ental Assessment District, and the assessment diagram contained in the Supplemental Engineer's Report, is hereby approved and confirmed and shall stand a.s the Supplemental Engineer's Report for these and all future proceedings for the Supplemental Assessment District Final approval of the Supplemental Engineer's Report is intended to, and shall refer and apply to the Supplemental Engineer's Report on flle in the office. of the Town Clerk as of the date of this Resolution, as amended and changed to date, or .any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution. or order, if any, heretofore duly adopted or made by this Counci.!. 5. Benefits Determined. Based on the oral. and documentary evidence, inclUding the Supplemental Enginee.r's Report, offered and received at the public hearing, this CouncU expressly finds and determines that: <a) each of the several subdivisions of 'land in the Supplemental Assessment District will bespeciaUy benefited by the Improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and ' (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. . 6. Improvements Ordered, Supplemental Assessment District Formed and Assessments Confirmed. This Council hereby orders that the Improvements described in the Resolution of Intention be made, the Supplemental Assessment District be formed and that the assessment to pay the costs and expenses thereof be con.firmed and are hereby levied. For further particulars pursua.nt to the provisions of the Act, reference is hereby made to the Resolution of Intention and the Supplemental Engineers Report. 7. actions: Recording Ordered. The Town Clerk shall immediately take the following (a) The Town Clerk shall deliver to the official of the Town who is the Superintendent of Streets under the Act the assessment as contained in the Supplemental Engineer's Report together with the assessment diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the Town Clerk, attached thereto. The Superintendent of Streets shall record the assessment and diagram ina suitable book to be kept for that purpose, and append thereto a certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. - 2- (b) The Town Clerk shall cause a copy of the assessment diagram and a notice of assessment, substantially the form provided in Section 3114 of the Streets and Highways Code of California, executed by the Town Clerk, to be flied and recorded, respectively, in the office of the County Recorder of the County of Marin. From the date of recording of the notice of assessment, all persons shall be deemed to have notice of the contents of such . assessment, and each of such assessments shall thereupon be a lien upon the property against which it Is made, and unless sooner discharged such liens shall so continue for the period of 10 years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of 4 years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers of the Town are hereby authorized to take all actions and to pay any and all fees required by law in connection with the above. 8. Cash Payment Ordered. (8) Cash Payment. Under the Act, thIs Council hereby directs that the ow-nersof property within the Supplemental Assessment District shall be given written notice of the confirmation of the assessments, of the recording thereof in the offlceof the official of the Town who is the Superintendent of Streets, and of the opportunity of such owners to pay all or a portion of the assessments in cash for a. period of not less than 30 days. , ' (b) CoUectionOfficer. The Finance Director of theT own is appointed CoUection Officer (the "CoUectionOfficer") for the assessments and the person to whom payment of the assessments shall be made, and that the office of theCoUection Officer, at Town Hall,. 1505 Tiburon Boulevard, Tiburon, CA94920 is designated as the place at which any payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for coUectingassessments.. (c) Mailed Notices. The Collection Officer shall cause notices to pay assessments to be mailed under Section 10404 of the. Act, which notice shall state that bonds will be issued under the Improvement Bond Act of 1915, to repre.sentany unpaid assessments. The mailed notice shall be mailed to each owner of real property within the Supplemental Assessment District at his or her last known address as thesa.me appears on the tax rolls of the Town, or on file in the office of or as known to the Clerk of the Council, or to both addresses if the addresS is not the same,or to the general delivery when no address so appears.. (d) Published Notice. The Collection Officer shall also cause the notice to be published once a 'week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper published and circulated in the Town. (e) Proceeds of Collections. The Collection Officer shall establish a fund, separate and distinct from other funds of the Town and designated "Town of Tiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District, Cash Payment Fund" (the "Cash Payment Fund"), into which the Collection Officer depOSit all sums received from the cash payments. The CoUection Officer may invest amounts in the Cash Payment Fund in lawful investments for the Town; provided, however, that the Collection Officer shall be under no obligation to invest any or all of the amounts in the -3- j , J Cash Payment Fund. If this Council issues bonds for the Supplemental Assessment District, the moneys in the Cash Payment Fund shan be applied to the Improvements for the Suppleme.ntal Assessment District and the ,FundshaU be closed. If tlieCouncil determines not to issue bonds to finance the Improvements, the Collection Officer shall return the amounts of cash payments (with any . interest thereon), to th.e persons . responsible for payl;n.g such cash payments and the Fund shall be closed. The timing of such determinations shall be entirely at the discretion of the Council. 9. Etfecti.ve Date. Thi.s resolution shall be effective upon the date of its adoption.. ** ** * * * *** ** PASSE.DAND ADOPTED at the regular m.eeting of the TownCouncUof the Town of TlbUron, State of California, on this' day of , 2006, by thefoUowing vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS.: CQUNCILM.E.MBERS CO UNC I LMEMB ERS PAUL SMITH, MAYOR, TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI,TOWN CLERK -4 - \ ' RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OFnBURON ORDERING CHANGES AND MODIFICATIONS TOWN OF neURON DelMar Valley Utility Undergroundin9 Supplemental Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town..), County of Marin, State of California, that: WHEREAS, on February 1, 2006, this Council adopted Resolution No. 08..2006, A Resolution of the Town CouncUof the Town of Tiburonof Intention to Make Acquisitions and Improvements, and in it directed the Engineer of Work to make and fUe a report in writing (the "Supplemental Engineer's Reporf') in accordance with and pursuant to the 'Municipal Improvement Act of 1913 (the "Acr) in and for the Town's proposed Del Mar VaHey Undergrounding Supplemental Assessment District (the "Supplemental Assessm.ent Districf'); WHEREAS, the Supplemental Engineer's Report was'made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Supplemental Engineer.s Report for aU subsequent proceedings under and pursuant to the Resolution of Intention; WHEREAS. the Engineer of Work has filed with the City Clerk proposed revisions to the Supplemental Engineer's Report as preliminarily approved by thIs Council, to wit: revisions in the assessment, resul.tingin minor reductions in assessments against certain parcels and a small reduction in the overall assessment to bond; WHEREAS, the changes and modifications hereinafter ordered will not increase the total amount of the assessment or the amount of any individual assessment noreUminate or add any acquisitions or work which win substantiaJlyand adversely alter or affect the benefits to be derived from the work and acquisitions; WHEREAS, the public interest, convenience and necessity require the changes and modifications hereinafter ordered; NOW, THEREFORE, IT IS ORDERED that: 1., Reduction in Assessment. Changes and modifications are hereby be made in individualassessm.ents as set forth in the Supplemental Engineer's Report on file with'the Town Clerk, which is made a part hereof ,and the totai assessment in the proceedings is hereby decreased from the total assessment amount as preliminarily approved to the amount set forth in the Supplem,ental Engineer's Report on file with the Town Clerk, which is made a part hereof. 2. Effective Date. This resolution shall be effective upon the date of its adoption. ************ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2006, by the following vote to wit: . I' U EXHIBIT 6 AYES: NOES: ABSENT: ATTEST: COUNCI LM EMBERS: COUNCILMEMBERS COUNCILMEMBERS DIANE CRANE IACOPI, TOWN CLERK , l' PAUL SMITH,MAYOR, TOWN OF TIBURON -2- RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OFTIBURONADOPTING ENGINEER"SREPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WO.RK .AND ACQUISITIONS AN.D DIRECTING ACTIONS WITH RESPECT THERETO TOWN OF TIBURON Del Mar Vanev Utility Under,roundina SUDDlemental Assessment Dist.rict RESOLVED by the Town Council (the "Council") of the T own of Tiburon (the "Town"), County of Marin, State of California, that: WHEREAS, . on February 1, 2006, this Council adopted Resolution No. 08.2006, A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and. Improvements, and in it directed the Engineer of Work to make and fIle a report in writing (the "Supplemental Engineer's Report") in accordance with and pursuant to the Municipal Improvement Act of 1913 (the "Act") in and for the Town's proposed Del Mar Valley Undergrounding Supplemental Assessment District (the "Supplemental Assessment D.istrict"); , WHEREAS, the Supplem.ental Engineer's Report Was made and filed,and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Supplemental Engineers Report for aU subsequent proceedings under and pursuant to the Besolutionoflntention; . WHEREAS, this Council appointed Town Hall Council Chambers, 1505 Tiburon Blvd., Tiburon, California, on Monday, May 8,2006, at the houTof 7:30 o'clock p.m., as the place and time for a p~bUc hearing to take testimony and for hearing protestsinrelatlon to the proposed acquisitions and improvements (the "Improvements") ,for tabulation on assessment baUotsand final action upon the Supplemental Engineer's Report, notices of which hearing,. including ,assessment ballots, were mailed as required by law; and WHEREAS, the hearing was held, and all persons interested desiring to be heard were given an opportunity to be hea.rd,andaH matters and things pertaining to the Improvements were fully heard and considered by this Council, and any protests, both written and oral, were duly heard, considered, and all assessment ballots submitted by property owners were received and tabulated; NOW, THEREFORE, IT IS ORDERED as follows: 1. No Majority Protest; Assessments Approved. It is hereby determined that, upon the conclusion of the public hearing,. and after tabulation of the assessment ballots submitted, no majority protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In tabulating the ballots, they were weighted according to the proportional finaneial obligation of the affected properties. This Council finds that a majority of those casting ballots have voted to approve the assessments and the assessments are hereby found to be approved. !il;....... ".Ct EXHIBIT C " 17' 2. Public Interest. The public interest, convenience and necessity require that the I mprovements be made and that the Supplemental Assessment District be formed. 3. Supplemental Assessment District Described. The SUpplemental Assessment Di.strict benefited by the Improvements and to. be assessed to pay the costs and expenses thereof, and theeXleriof boundariestheraof, are as shown by a map thereof filed in the office of the Town Clerk, Which map is made a part hereof by reference thereto. 4. Supple.mental Engin.eer's Report Approved. The Supplemental Engineer's Report., in the form on file in the office of the Town Clerk as of the date of this Resolution and to which reference is hereby made for further pa.rticulars,including the estimates of costs and expens.es,the appo.rtionmentof assessments to individual parcels within the Supplemental Assessment District, and the assessment diagram oontained in the Supplemental Engineer's Report, is hereby approved and confirmed and shaUstand as the Supplemental Engineer's Report for these and aU future proceedings for the Supplemental Assessment District. Final approvslof the Supplemental Engineer's Report is intended to, and shaJlrefer and apply to the Supplemental. Engineer's Report on file in the office of the Town Clerk as of the date of this Resolution,ss amended and changed to date, or any portion thereof, asamended,modified, revised or corrected by, or pursuant to and in accordance with, any .resolution or orde.r, if any, heretofore duly adopted or made by this Counc.i!. 5. Benefits Determined. Based on the oral and documentaryevidenee, including the Suppleme.ntal Engineer's Report, offered and reoeivedat the pUblic hearing, this Gouncil expressly finds and determJnes that: (8) each of the, several subdivisions of land in the Supplemental Assessment District w.iU be specially benefited by t.he Improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and' (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as tospectal benefits.' 6. Improvements Ordered, Supplemental Assessment District Formecl and Assessments Confirmecl. This Council here~yorders that the Improve.ments desoribed in the Resolution of Intention be made, the Supplemental Assessment District be formed and that the assessment to pay the costs and expenses thereof be confirmed and are hereby levied. For further particulars. pursuant to the provisions of the Act, reference is hereby made to the Resolution of Intention and the Supplemental Engineer's Report. 7. actions: Recording Ordered. ,The T own Clerk sl'lall immediately take the following <8> The Town Clerk shall deliver to the official of the Town who is the Superintendent of Streets under the Act the assessment as contained in the Supplemental Engineer's Report together with the assessment diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the Town Clerk, attached thereto. The Superintendent of Streets shall reoord the assessment and diagram in a suitable book to be kept for that purpose., and append thereto a certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. -2- , (b) The Town Clerk shall cause a copy of the assessment diagram and a nOficeofassessment, substantially the form provided. in Section 3114 of the Streets and Highways.. Code of California, executed by the Town Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Marin. From the date of rec.ording of the notice of assessment; all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shaH so continue for the period of 1 o years from the date of the recordation, or in the event bonds are issued -to represent the assessments, then such liens shall continue until the expiration of' 4 years after the due date of the last installment upon the bonds. or of the last installment of principal of the bonds. The appropriate officer or officers of the Town are hereby authorized to take all actions and to pay any and all fees required by law .inconnection with the above. 8. Cash Payment Ordered. (a) Cash Payment.. Under the Act, this Council hereby directs that the owners of property within the Supplemental Assessment District shan be given written notice of the confirmation of the assessments, of therecor-ding thereof in the office of the official of the Town who is the Superintendent of Streets, and of the opportunity of such owners to pay all or a portion of the assessm.ents in cash for a period of not. less than 30 days. (b) Collection Officer. The Finance Director of the Town is appointed Collection Officer (the "Collection Officer") for the assessments and the person to whom payment of theassessmentsshaU be made., and that the office of the Collection Officer, at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA94920 is designated as the place at which any payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for collecting assessments. (c) Mailed Notices. The Collection Officer shall cause notices to pay assessments to be mailed under Section 1 0404 of the Act, which notice shall state that bonds will be issued under the Improvement Bond Act of 1915, to represent any unpaid assessments. The mailed notice shall be maHedto each owner of real property within the Supplemental Assessment District at his or her last known address as the ~ame appears on the tax rolls of the Town, or on fUe in the office of or as known to the Clerk of the Council, or to both addresses if the address is not the same,or to the general delivery when no address so appears. (d) Published Notice. The Collection Officer shall also cause the notice to be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper published and circulated in the Town. (e) Proceeds .01 Collections. The Collection Officer shaH establish a fund, separate and distinct from other funds of the Town and designated "Town of Tiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District, Cash Payment Fund" (the "Cash Payment Fund"), into which the Collection Officer deposit all sums received from the cash payments. The Collection Officer may invest amounts in the Cash Payment Fund in lawful investments for the Town; provided, however, that the Collection Officer shall be under no obligation to invest any or all of the amounts in the ~ 3- t, i' Cash Payment Fund. If this CouncUissues bonds for the Supplemental Assessment District, the moneys in the Cash Payment Fund shan be applied to the Improvements for the Supplementa~Assessment District and the Fund shall be closed. If tHe Council determines not to issue bonds to finance the Improvements, the Collection Officer shall return the amounts of cash payments (with any interest thereon) to the persons , responsible for paying such cash payments and the Fund shall be c,losed. The timing of such determinations shall be entirely at the discretion of the Council. 9. Effective .Date. This resolution shall be effective upon the date of its adoption. ************ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2006, by the following vote to wit: ATTEST: AYES: NOES: ABSENT: COUNCILMEMBEAS: COUNCILMEMBERS COUNCILMEMBEAS PAUL SMITH, MAYOR, TOWN OF TIBURON DIANE CRANiE IACOPI, TOWN CLERK tilt - 4 - I/e.~. M~ l ~ TOWN COUNCIL MINUTES D' '..':G'.'.....:A.....,..f;T... ' . 1\.'. '.. .. CALL TO ORDER Mayor Smith call meeting of the Tiburon Town Council to order at 7:30p.m. on Wednesday, pril.s, 2006. in Town Council Cbatnbers, 1 So.S Tiburon Boulevard, Tiburon, California. R.OLLCALL 'PRESENT: COUNCILMEMBERS: . Berger, Fredericks, Gram,. Slavitz, Smith ABSENT: COUNCILMBMBERS: None PRESENT: EX OFFICIO: Interim TOWJ1Manager Sigall, Director. of ConununityDevelopmentAndersoB, Interim Director of Pub He Wotks/ToWll Bngineer,Bemardi, Town Attor.tley Danforth, CbiefolPaliee Odetto, Interim DireetorofAdmini$trativeSbtVieos Stott, Planl1ing Mlt'Jaget Watrous, MeetiJ1gRooorder Creekmore ORAL COMMUNICATIONS , , Alan Littman, Tiburon tesident,col1'111lellted. ontbe ram.pant growth of Scotch broom on the hills and open space. He said 'that itean b~ be ~Qvedwhen tho soil is wetand.vo1wteered to be on the committee toreniove the broom. He urged the Council to t_e action tQt'eD1Qve the broom and said that the Town should bear the costs to do so. Mayor Smith ackI1owled.ged. that broom removal is a veryimpottant lsantand recommended that Mr. Littmanoontaot Iuterim Town Manager Bigall to discuss the issue further. Henry Broderick, Del Mar Valley resident, broughta.resolution fegard.i.ng the Del Mar Valley Undergrounding'Di$t;rict to the Council's attention. .He said that the issue of contingency money in the existin.gand. proposed bond measurehasatisen$everal times and that members of the , district woald like to, lQlow where the money win go if the contingencies do not ocotJr. He ' requested that the item be scheduled for the next Council meeting. He wants something concrete stated that' district -members win receive sQme form of credit if the money is not used: Mayor Smith comm.ented that the issue is important and~ed Mr. Broderick to get in touch Interim Town Manager Bigalland Town Attorney Danforth to discuss how the iSSlle can. he addressed procedurally. Mayor Smith said that the Council performed an interview for the current Design Review Board vacancy but that they are not ready to make an appointment at this time. Town Council Minutes # 07-2006 A.prilS, 2006 Page 1 -.. PRESENTATION Roger Smith, Tiburon representative to the Marin County Mosquito Vector ConttolDistrict, stated that 3,000 case of West Nile virUs were reported in the U.S in previous year and that no fatal cases in this district were reported. He saidtbat 1,500 square miles have been added to the district and that certain chemical agents were not used in western. Marin due to organic farming in the area. Mayor Smith asked what impact the unusually high amounts of rainfall will have. Mr. Smith r~lied that there will be an increase in standing water and more work for the abatement district but assured the mayor that the district is confident in its abilities to control the ' mosquito population. Councilmember Berger inquired about avian flu related,issues. Mr. Smith replied that it is not avector..related disease. CONSENT CALENDAR 1. Approval of Town Cou_cD Minutes - March -1, 2006 2. Approval of Town ConDcD Minutes- March 15, 2006 3. RecolllDleDdatioD by Interim Director of AdmiDistrative Services - Accept M011,thly Town Investment Summary - February 2006 4. R.ecolllJDendatioD by Director of PubIc WorksffoWll Engineer - Authorize Work for Storm Drain Remediation at 6 Mateo Drive & Use ofUnaIlocated Reserves (Budget Amendment) S. R.eeoDllllendatloD by Director of Public Wo.rkstroWB Engineer - Application for TEA funds [or Pine Terrace Pathway Improvements (Resolution) 6. RecoDlllleadation by Director of Pablic Workstrown Engineer - Approved Budget amendmentatnd authorization to transport cattail vegetation from Railr9ad Marsh 1. Recommeadation by Interim Town. Manager - Approve Changes to SeopeofWork - Fountain Art Project The Council agreed. to remove Item #6 and to combine Item #7 with Regular Agenda Item #8. Mayor Snrlth noted that a number of cattails directly behind Town Hall had been removed and noted that there is a cost savings to remove them once they have dried out. He said that he would like the item. removed from the agenda to ascertain whether there. areanyaltematives to taking the cattails to Blackie~ s Pasture; if there is any chance that debris boxes. and 'a. backhoe can be used to facilitate the removal, and if the weather will cooperate with allowing'the cattails to dry out. . MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 5.asainended. Slavitz, seconded by Fredericks AYES: Unanimous III Town Council Minutes # 07-2006 April 5, 2006 Page 2 REGULAR AGENDA 8. Recommendation by the Director of Public Works/Town Engineer - Fountain Plaza Improvements a. Approve Plans and Specifications by Pedersen Landscape Architects & Authorize Bids b. Progress Report by Foundation Artists Jeffrey Reed and Jennifer Madden Jennifer Madden, fountain project sculptor, explained that the main changes to the project is that water will go all the way around the fountain, that she and Jeffrey Reed have donated a larger water weir, and that they are proposing to change the number of sails from five to seven. She noted that the overall height and width of the sculpture will remain the same. Councilmember Berger commented on the full-size model and said that the new five sail proposal is quite impressive and that the sails are still beautiful and smooth. He noted that the overall size of the fountain will not increase. He explained that the bench revisions improve the impact of the fountain. Ms. Madden commented on the fountain's lighting and said that small wattage lights, similar to small garden lights, will be used to achieve a dim glow. She explained that the bench, as shown on the model, will remain the same. She noted that there will be three lights on either side of the fountain. Councilmember Fredericks noted that when the fountain is built, the trees will be young and the fountain will be located in a community that is sensitive to night lighting. Ms. Madden confirmed for Councilmember Slavitz that the depth of the pool will be decreased from 18 to 3 inches, which is ideal for keeping a placid surface. She said that the surface of the pool will resemble a sandy beach bottom or mud flat with black ripples in the basin. The Council discussed the issue of voting on the item contingent upon approving the proposal to reduce the number of sails from five to seven. Vice Mayor Gram asked if Ms. Madden could produce a visual representation of the proposed change, which she said she could make available at the end of the public comment period to aid the Council in making a decision at tonight's meeting. Councilmember Berger encouraged his fellow council members the see the full-size model of the sculpture. Jeffrey Madden, project sculptor, said that reducing the sails to five gives the sculpture a "lightness" . Councilmember Fredericks said that the reduction from seven to five sails is a major design change that should have been brought to the Council's attention prior to the sculptors investing a great deal of time into the change. Town Council Minutes # 07-2006 April 5, 2006 Page 3 Councilmember Berger said that the change was made strictly because it is an aesthetic improvement, not to make the project easier. Pete Pederson presented the budget for the project and noted Late Mail Item 8(a). He said that one of the more concerning numbers for the project is paving and that he is confident that the actual cost will be much less. He said he stands behind all of the numbers except for paving. He said that all of the elements in the budget are essential to the project. Councilmember Slavitz asked, with respect to the bench changes, if there will be same net number of places for people to sit. He also asked if the project gets delayed until August 1 if everything else will be delayed. Mr. Pederson replied that many things are already in place and that the timeline for plaza work can be condensed. Mr. Pederson confirmed that there will be the same number of places to sit with the change to the benches. He said that only minimal impacts to the time line will result from the August 1 extension. He noted that 36" or 48" boxed marina and maple trees will be used for landscaping. Town Engineer Bernardi stated that the delay is a result of the weather as well as discovering a six-inch high pressure gas main, which delayed the project by 45-60 days. He said that PG&E is ready to begin its demolition by next week. Councilmember Fredericks asked if the budget is complete and noted that it does not include the cost for the gas pipe. She requested that Staff provide a running balance of project costs. Ms. Madden noted that three and a half months would be needed (until August 1) if they start next week, and that if they are not able to start next week, they will need additional time. Mayor Smith replied that as a practical matter, he is thinking S,eptember 1 would be sufficient. He added that he would like, to the greatest extent possible, to have the area that is to be closed off be confined to the pla~a. Town Engineer Bernardi noted that Council is not being asked to approve the budget but rather for authorization to receive bids on the work. Mayor Smith added that the Council is also being asked to approve an additional 60 days for the project. The public hearing was opened and closed. There were rio comments. Ms. Madden showed the Council members a digital photo ofa 5-saill/4-scale mock-up. The Council agreed on the 5-sail sculpture after viewing the photos. Motion: Moved: Vote: To approve proposed changes to fountain sculpture Fredericks, seconded by Gram AYES: Unanimous Town Council Minutes # 07-2006 April 5, 2006 Page 4 Motion: To approve plans and specifications by Pedersen Landscape Architects and to authorize bids Slavitz, seconded by Fredericks AYES: Unanimous Moved: Vote: Motion: To approve the extension of time to complete the Fountain Plaza Project to August 1, 2006 Berger, seconded by Fredericks AYES: Unanimous Moved: Vote: PUBLIC HEARING 9. Recommendation by Director of Community Development - Amendments to Chapter 16 of the Town Code (Zoning) establishing a) Residential Multiple Planned/Affordable Housing Overlay Zone Regulations and Development Incentives; and b) Prezoning of an Affordable Housing Overlay within the Tiburon Planning Area a) An Ordinance of the Town Council of the Town of Tiburon Amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code by Making Text Amendments thereto b) An Ordinance of the Town Council of the Town of Tiburon Prezoning Unincorporated Territory in the Eagle Rock! Bay Vista Portion of the Tiburon Planning Area Mayor Smith noted that the Affordable Housing Overlay (AHO) was approved at a previous meeting as part of the General Plan process. He explained what the Council is doing at tonight's meeting is to adjust the Town's ordinances to comply with what is already part of the General Plan as well adopt those policies that are required by the, State in order to certify the Housing Element. He said that' what is being done tonight is not changing any thing that is already part of the General Plan. Community Development Director Anderson presented Staffreport 9(b) and noted that the Town is not contemplating initiating any annexation of unincorporated properties at this time. Mayor Smith asked if annexations, in general, which once resulted in a tax benefits, are now considered a tax loss. Director of Community Development Anderson confirmed that annexations once resulted in additional revenue to the Town but that they are most often a money loser for the annexation due to tax law changes. Community Development Director Anderson said that it is important to note that this action establishes zoning should the properties ever be annexed in the Town, but that it does not initiate any annexation proceedings, change any boundaries, or advance any development proposals. Town Council Minutes # 07-2006 April 5, 2006 Page 5 He confirmed for Councilmember Fredericks that the prezoning would only apply if the properties were annexed and that annexation is not particularly likely. Councilmember Slavitz asked if the properties were ever to be annexed and a developer wanted to develop the property, would they still need to go through the design review and planning processes. Community Development Director Anderson replied that the developer would be required to go through the precise development plan procedure as well as design review. He confirmed for Councilmember Slavitz asked if even if the housing overlay was accepted, the issue of whether the properties would fall within the Reed Union School District boundaries is . not part of the Town's decision. Planning Manager Watrous presented Staff report 9( a) and noted that one additional change that Staff is recommending to the text is establishing a base density to mirror the General Plan land use diagram density. Planning Manager Watrous confirmed for Mayor Smith that implementing the programs outlined in the Staff report is required by the State as part of the certification of the Town's Housing Element. The public hearing was opened. George Silvestri Jr., attorney for the Bay Vista Neighborhood Association, argued that the Town has a tremendous incentive for annexation and that it has managed to get a conditional green light for its Housing Element if property is designated outside of Town limits as being potential affordable housing. He said that compliance must be determined with what is in Town limits. He said that he is concerned that compliance with State regulations will be achieved through annexation. He noted that LAFCO is precluded by state law from getting involved in land use determination. He said that he has not seen sufficient environmental analysis and questioned why the Town thinks ~ provision of affordable housing is at the discretion of the property owner. He said that the locations of the affected parcels was unclear and should be clarified. He also asked that what percentage of sites will be subj ect to the overlay. Community Development Director informed the Council that using properties within the Town's sphere of influence is allowed and that the designation of the AHO is shown on maps to scale. He confirmed that what the Council is being asked to do is conform to what was already done in the General Plan. Town Attorney Danforth said that in regards to CEQA, once the General Plan was adopted, the Town was required to take the actions before the Council tonight in order to implement the General Plan. She said that one could argue that they are not even subject to CEQA because they are mandated by the General Plan and the General Plan was exhaustively studied in the program EIR. She said that with respect to the State housing laws affecting affordable housing, the Town is required to get certification by HCD, which has been conditionally granted to the Town. Town Council Minutes # 07-2006 April 5, 2006 Page 6 Community Development Director Anderson stated that the AHO portion of the property is intended to be an incentive for a developer, such as receiving an increased density bonus, to want to go ahead with a project of that kind. He noted that the State's thresholds for receiving a density bonus are much lower that the Town's. He confirmed that any area with more than 12 registered voters will go to a vote to decide whether a property will be annexed. Mayor Smith added that that town would lose money if there were to annex any properties. Ed Sotello, Tiburon resident and owner of the property directly adjacent to the project, noted that Pan Pacific gave him a $1,500 check one year ago to get the project started. He expressed concern over traffic safety issues that may arise should the project be accepted by the Town. Ralph Meyers, former Tiburon homeowner, respectfully requested that the prezoning amendment be declined with respect to the Strawberry area. Mayor Smith noted that the item is a state law mandated issue and has nothing to due with wanting to annex properties in the Town's sphere of influence. Liz Fochs expressed opposition towards any zoning changes in the Bay Vista area. Eric Friedman, resident of the Bay Vista area, also expressed concern with the Town's prezoning ordinance in Bay Vista. Bill Duane, Tiburon resident, expressed concern with traffic safety issues. He asked if there has been any exploratory investigation for buying the land as open space. Jim Allen, manager of the Belvedere Land Company, said that "a housing project cannot afford to be built with 60% affqrdable housing. Mayor Smith informed Mr. Allen that a density bonus is offered to encourage a higher percentage of affordable housing. Community Development Director Anderson confirmed that developers must pay a 15% in lieu fee if they do not want to provide affordable housing for a project. A Tiburon resident asked what the consequence would be if the Town did not prezone outside of its limits. Mayor Smith replied that the Town would not be in compliance with State law. Councilmember Fredericks informed the audience that the aim of the item is to make the prezoning consistent with the Town's General Plan. Linda Galosso, Tiburon resident, expressed concern with the proposed change to zoning. Mayor Smith explained that no zoning changes will occur to County properties as a result of tonight's meeting. He clarified that the prezoning will only come into effect if the property was annexed by the Town. Town Council Minutes # 07-2006 April 5, 2006 Page 7 Mathew Sessions, Tiburon resident, asked why Bay Vista is part of the Tiburon Planning Area if the Town has no interest in annexing it and how often the sphere of influence is reviewed. Mayor Smith recommended that Mr. Sessions contact Community Development Director Anderson with issues regarding the Town's sphere of influence. Councilmember Slavitz explained that LAFCO determines the Town's sphere of influence based on their own criteria. Corey Bosco, Tiburon resident, expressed dissatisfaction with the Town's noticing on this item. He said that if Bay Vista is annexed, he opposes the prezoning. Steve Choco, Tiburon resident, said that he opposes the proposed prezoning. There being no further public comments, the public hearing was closed. Councilmember Slavitz agreed with comments that the issue of prezoning seems illogical but stated that it is what the Town is required to do. He reiterated that all that the Town is doing is defining an overlay, as mandated by State regulations. He encouraged the audience to contact Peter Banning of LAFCO or Community Development Director Anderson if they have further concerns regarding the prezoning. Councilmember Berger clarified that that the Council is not saying that no affordable housing will be built, but rather that 15% of housing in Tiburon will be affordable. He said that the overlay is an attempt to "sweeten the pie" and noted that he has discussed with Community Development Director Anderson what it would take to extend the overlay to the Boardwalk. MOTION: MOVED: VOTE: a) An Ordinance of the Town CoUncil of the Town of Tiburon Amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code by Making Text Amendments thereto To read ordinance by title only Gram., seconded by Berger AYES: Unanimous Mayor Smith read, "An Ordinance of the Town Council of the Town of Tiburon Amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code by Making Text Amendments thereto." MOTION: MOVED: VOTE: b) To pass first reading of the zoning ordinance Gram, seconded by Berger AYES: Berger, Gram., Fredericks, Slavitz, Smith An Ordinance of the Town Council of the Town of Tiburon Prezoning Unincorporated Territory in the Eagle Rock! Bay Vista Portion of the Tiburon Planning Area April 5, 2006 Page 8 Town Council Minutes # 07-2006 MOTION: MOVED: VOTE: To read ordinance by title only Gram, seconded by Berger AYES: Unanimous Mayor Smith read, "An Ordinance of the Town Council of the Town of Tiburon prezoning unincorporated territory in the Eagle Rock/Bay Vista portion of the Tiburon planning area." MOTION: MOVED: VOTE: To pass first reading of the prezoning ordinance Gram, seconded by Berger AYES: Berger, Fredericks, Gram, Slavitz, Smith COUNCIL AND COMMITTEE REPORTS Councilmember Fredericks brought the Council up to date on the Transportation Authority of Marin and said that $25 million has been awarded in Federal money to the County for non- motorized projects. Paul Smith announced that a kayak trip from Blackie's Pasture to Arambaru Island will be held on April 22, Earth Day. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 9:30 p.m., to the next regular meeting. Dr.';[: ,l~} ,~~ i "".) t/ '\., h '1l."i, k(~ j PAUL SMITH, MAYOR ATTEST: ,i. p r-~f."~ 1_,); i, . tJ,1 rf~ t$ l.~-" b; \.. Ci 'ta b I DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 07-2006 April 5, 2006 Page 9 Ik~.4 ".1- c-- TOWNCOVNCIL MINUTES Dt. J. "r'!'.) J#...t.....F,.r..... '.'I'~' CALL TO ORDER meeting" of the Tiburon Town COUl1.cll to order at 7:30 p.m. Town Council Chambers, 1505 Tiburon Boulevard, TiburoD, ROLLCALL PRESENT: COUNCILMEMBER.S: . Betget, Fredericks. Gram, Slavitz ABSENT: COUNCll..,MBMBERS: Smith PRESENT: EX OFFICIO: Interim Town Manager Bipll, Direetor of Community DevelopmeD.t Anderso~ Interim Director of Public Works/Town Bngineer Bernardi, Director ofPubHc' WorkslTown BngineerNgnyen. Town Attorney Danforth, eWef olPoliceOdetto. Interim DireGtorof AdmiJliltrative Services Stott, , Town91etkDianc Crane lampi, Meetins.ReQorder Creekmore . ORAL COMMUNICATIONS There were none. CONSENT. CALENDAR 1. .Approval ofToWll Council MInutes - March .20,. 2006 2. R~ommebdatlon byCl1ief ofPoliee - Special Event Permit Request to Close Paradise Drive for Classic Car Show on Iune 18, 2006 3. Recommendation by Director of Public Workstrown Ellgineer- Authorize Bids for 2006 Street Rehabilitation Program. 4. Reporthy Interim Town Manager- Accounting of Assessment District Funds and Disposition of Surplus Vice Mayor Gram recommended the following changes to Section 22, Disposition of Surplus Funds: . Paragraph 1, line 3: Include "less any reserves for potential claims and HabiHtiest i.e. litigation. " Town Council Minutes # 08-2006 April 19, 2006 Page 1 5. ReeolllDlendatioD by Interbit Town Manag~r-AppointChiefMattOdetto to Marin . Emergency Authority (MERA) Board to replace Alex D. McIntyre as Town Representative MOTION: Moved: Vote: To approve Items }..Sasamended. Frederieks, seconded by Berger . AYES: Unanimous ABSENT: Smith REGULAR. AGENDA 6. RecouunendatioD by the Direetorof.PubUeWorkslTowD Eagineer - Approve Budget Amendrnentand Location for transport of cattail vegetation ttomRailroad Marsh - continuedfrom ..A.pril 5, 2006 . Interim Director Bernardi presented the Staffreport He said that based onStafrsreview, it is recommended that the Couneilconsiderthe second option, which is to have Mill Valley refUse ' haul the cattail vegetation talbeir facility.' ;, Couneibnem.ber Slavitz noted that $0$23,000 figure seems high and asked ifit includes deb~s bo:x.es and other associated costs. Hea'skedifthe expectation exists that Blactie's Pasture will continue to be used form.ulching. Mr. Bernardi replied that the figure does include debris boxes. ,He said that the is.sueof using Blactie's Pasture for mulching will be a future discussion item and that historically it hIS been used by the Department of Pubic Works for staging and mulching. Leslie Doyle, Tiburon resident, urged the Town. to discontinue dum.ping vegetation at Blactie's Pasture. She said thatshe and membersofBlaclde'sBrigade had worked veryhatd to restore Blactie's Pasture and that there was debris other than plants being dU111ped there. Councilmember Berger said dumping at Blactie's Pasture is inappropriate and should be discontinued. Councilmeti1ber Slavitz said that he agrees with Ms. Doyle and Councibnember Bergeraild that a policy should be made to discontinue the USe ofBlaclde's Pasture as a site for dumping and mulching. He said that if there is any way that the vegetation that is currently at Blaclde's eould be picked up, he would like to see that that is done~ 7. Recommendation by Director of Pablie Workslfown Engineer - Lyford Cove Utility Undergrounding Assessment District a) Resolution Authorizing Issuance of Limited Ob~igation Improvement Bonds, Lyford Cove Utility Undergrounding Supplemental Assessment District Town Council Minutes # 08-2006 April 19, 2006 Page 2 b ) Award of Construction Contract - Maggiora & Ghilotti Interim Director Bernardi presented the Staff report and noted that this is the last step before construction on the project begins. Councilmember Slavitz asked if the bonds are not completely sold, can the Town buy them back and resell them. Mark Pressman, representing bond underwriter Wulff, Hansen & Co., explained that the nature of the bond purchase agreement is that Wulff, Hansen would commit to buy all of the bonds up to a maximum of$2,180,000. He said that the cash paymep.t period is not over until Monday, April 24, 2006, and the amount of bonds to be purchased will be determined at that time. Mr. Pressman explained that the following changes have been made to the bond purchase agreement: (1) the odd-lot bonds, which will be less than $5,000, have been moved into the last maturity fund and (2) interest rates ranging from 5 to 5.25% have been put in the bond purchase agreement. The public hearing was opened and closed. There were no comments. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: To approve the bond purchase agreement Fredericks, seconded by Berger AYES: Unanimous ABSENT: Smith To adopt the resolution authorizing the issuance of the bonds Slavitz, seconded by Berger AYES.: Unanimous ABSENT: Smith To award construction contract to Maggiora and Ghilotti Berger, seconded by Slavitz AYES: Unanimous ABSENT: Smith 8. Recommendation by Director of Community Development - Tiburon Glen Project and Mitigation Plan (pD #22); Review of Second Addendum to Certified EIR; 3700 Block of Paradise Drive Near Norman Way; Xanadu Property Holdings, Inc., Owners; AP No. 39-241-01 a) A Resolution of the Town Council of the Town of Tiburon Amplifying and Supplementing Provisions of the Tiburon Zoning Ordinance with Respect to Planrted Development #22 and Adopting a Mitigation Monitoring Plan Town Council Minutes # 08-2006 April 19, 2006 Page 3 Assessor Parcel Number 39-241-01 b) A Resolution of the Town Council of the Town of Tiburon Adopting Findings related to the Tiburon Glen Project (PD #22) Pursuant to the California Environmental Quality Act Assessor Parcel Number 39-241-01 Community Development Director Anderson presented the Staff report. He said that Condition #20 has been revised to reflect the direction of the Council with respect to off-site tree mitigation. Councilmember Fredericks commented that is seems odd to approve a project without an approved mitigation plan. She asked how that works under CEQA law. Bob Berman, project ErR consultant, said that it is fairly common to have mitigation measures become a condition of approval. He said it puts the burden back on the applicant that they will need to develop a specific mitigation design prior to proceeding with the project. He said that he is confident that there are adequate off-site mitigation sites in order to implement the mitigation measure consistent with what is in the ErR. He said that there are times when mitigation measures are incorporated into a project prior to approval, but that that usually happens with redesign projects. He explained that this mitigation measure does not affect the project layout itself, but rather it will require an off-site approval. ' Councilmember Fredericks expressed concern that unless there is a finding of overriding consideration, the Council could hypothetically find itself in the position of having approved a 3- lot project only to find that the proposed mitigations don't really restore habitat. She asked if the trees are planted at the recommended distance from each other, how many can be replanted onsite. Mr. Berman said that he is confident that the mitigation design is feasible and will be successful. Melissa Denena, project biologist, said that a number of trees proposed to be planted onsite have 12-foot centers. She said that an increase to IS-feet centers has been proposed for some of trees on-site, which would result in a slight increase of the number of trees that would need to be planted off-site. She said that there is more than enough land to accommodate the off-site mitigation. She confirmed that the report stated that IS-feet centers are ideal for successful mitigation. She said that some of the on-site trees will be planted with 20- feet centers. Councilmember Fredericks said that she would have liked specific data regarding the number of trees that are to be planted on and off-site, including their respective centers, to have been made available to the public. Councilmember Berger asked what the detailed planting plan is. He asked what the process is for approving the plan. Town Council Minutes # 08-2006 April 19, 2006 Page 4 Mr. Berman said that a detailed planting plan has not been designed, noting that Staffs recommended condition is that the Council approve a final detailed restoration plan prior to issuing a grading permit. Community Development Director Anderson explained that no subdivision improvement drawings have been made yet and that a detailed tree plan will come to the Council for review and approval at that time. Councilmember Slavitz asked if Council is being asked to determine the location that the applicant will approve. Community Development Director Anderson replied that Council is being asked to determine whether there are enough sites to find the mitigation feasible. He said that any direction regarding what sites the Council prefers would be appreciated and would allow the restoration ecologists retained by the Town to narrow their focus. Councilmember Slavitz asked if there is enough space at the Hillcrest site to perform the all of the off-site mitigation. Ms. Denena confirmed that sufficient suitable area had been identified. She said that if not all of the off-site mitigation could be achieved on the [Hillcrest] site, then the Eagle Rock site would be her next preference, where there is more than adequate room to perform the off-site mitigation. Councilmember Slavitz asked if that plan would return to Council before final approval was granted. Community Developm.ent Director confirmed that Council would review the plan after Staff performed a preliminary review. He said that the only reason the Gilmartin possibility was left in the plan was because it offered broom removal. He said that except where there might be broom removal credit, there is a 3 to 1 ratio for tree replacement. Councilmember Fredericks asked if Eagle Rock is Town-owned open space. Community Development Director replied that the Eagle Rock and Hillcrest sites are Town-owned open space. Vice Mayor Gram opened the public hearing. Scott Hochstrasser, representative for Xanadu Property Holdings, pointed out that Area 4 is a 60- acre site and that if they could plant 70 trees per acre, a total of 4,200 trees could be planted on the property if the entire site was used. Town Council Minutes # 08-2006 April 19, 2006 Page 5 Mr. Hochstrasser said that 504 trees are needed to mitigate the removal of 168 trees on 27 acres of land, 72 % of which are unhealthy. He said that in order to retain or restore woodland habitat, the Council would ask that the 41 healthy trees be replaced at the 3 to 1 ratio. Councilmember Berger asked if the sites have other protected habitat. Don Blaney, landscape architect for the project, said that he does not know whether there are other protected habitats present at the recommended sites. He said that he thinks the trees should be planted at 20-foot centers to provide an optimal condition for the success of the trees. He said that if necessary, more than 315 trees could be planted on the Tiburon Glen site. He said that he intends on saving as many of the healthy trees as possible. Councilmember Slavitz asked how the consultants arrived at the recommended 15 and 20- foot centers. Ms. Denena said that her firm recommended that a 15- foot or greater distance be provided as it will allow the trees to flourish better than a 12- foot center planting scheme. Anne Norman, Tiburon resident, said that in the past week, four 80- foot bay laurel trees have fallen over in the area adjacent to where the third house is proposed. She suggested that the stability of the soil be investigated. George Landau, Tiburon resident, said that a great deal of hard work went into acquiring the Town's open space and that the Town should work hard to preserve it. He said that ifbroom continues to be a problem, an ongoing broom removal plan should be impleme~ted. He urged the Council to pay close attention to the ecology of the Town's open space. Betsy Little, Tiburon resident, said that she has concerns with the off-site mitigation. She said that she would prefer that all mitigation be performed on-site and reduced to a less than significant level if possible. Councilmember Slavitz said that if all of the trees were crammed on-site, ideal centers could not be achieved and the trees would not flourish. Mr. Berman said that he has not seen any evidence supporting the prospect that all of the mitigation could be performed on-site. , Randy Greenberg, Tiburon resident, said that all the literature that she has seen supports 20- foot centers. She said that she is very concerned about deferring the design of the off-site mitigation plan is critical to this project. She said that habitat is being lost and that the Council needs to look at areas where it is appropriate to replant the trees. She said that while she agrees that some areas on Eagle Rock could accommodate some replanting, it cannot accommodate hundreds of trees. She urged the Council to defer approval of the mitigation plan as insufficient information has been provided in order to make a decision; or to approve the environmentally superior 2-unit Town Council Minutes # 08-2006 April 19, 2006 Page 6 project. She requested that the Gilmartin site be removed from the list as it does not satisfy habitat restoration. Vice Mayer Gram asked if the Council moves forward with the approval, and the applicant returns with off-site mitigation the Council is not happy with, would the Council be required to issue the grading permit. Town Attorney Danforth replied that the application is not complete unless it is accompanied by a satisfactory tree mitigation plan. She said that if the Council does not decide that the sites are appropriate, the applicant will not be permitted to move forward with the project. Councilmember Slavitz asked why the Council would be compelled to approve the mitigation plan at all. Town Attorney Danforth said that it would be extremely rare for an applicant to be required to submit plans with that level of detail at this early stage in the approval process. Community Development Director Anderson said that it is too early in the process to determine which trees will be removed. He noted that it is likely that fewer trees will be removed than what is being presented as part of the mitigation plan. He said that at this point, Council would want to know if the sites being considered can easily accommodate the maximum number of trees expected to be replaced as part of the project. Councilmember Fredericks expressed discomfort with the lack of data provided. Community Development Director Anderson said that EIRs are not intended to produce perfect information but rather to provide enough information to make a decision and have an understanding of the impacts. He said that Staff has a fairly good idea of the magnitude of the tree loss. He assured the Council that Staff has a good understanding of the sites being considered for off-site mitigation. He said it is the objective of the restoration ecologist to focus replanting in areas that would be best for off-site mitigation. Councilmember Fredericks asked for more information about the northerly sites. She said that she is not in favor of the Gilmartin site. Ms. Denena said that there is an abundance of area available for mitigation planting. She said they focused on areas that are dominated by broom or are very disturbed and noted [in response to an earlier question by Councilmember Berger] that the grasses growing on the Eagle Rock and Paradise Drive sites are non-native species. She said that for the Eagle Rock site, she envisioned broom eradication and tree planting along the drainage swale that would be contiguous with existing woodlands and not create fragmented pieces of woodland. She said that water lines from existing sources would be used to establish the new trees. She explained that a very detailed monitoring plan, which would include remediation measures, would be in place to ensure the success of the trees. Town Council Minutes # 08-2006 April 19, 2006 Page 7 John Kunzweiler, Tiburon resident, asked the Council to consider how far off-site is acceptable for mitigation. He said that in the spirit of CEQA, mitigations should directly relate or impact the environmental impact that is being done. He said that Eagle Rock is becoming the preferred place to "fix problems" with unavoidable impacts. He expressed concern about future development using off-site mitigation and cautioned about the precedent that the Council will be setting for those projects. Town Attorney Danforth said that CEQA does not require that each impact be mitigated at the same site that it is caused, which would often be impossible. Rather, you must look at the nature of the impact and determine if the impact is addressed. She said that if the offsite mitigation is addressing the impact of regional habitat loss, then she would say that CEQA permits mitigation at a regional level. In response to comments regarding offsite impacts on public land, Scott Hochstrasser said that many local municipalities request off-site mitigation. He said that they are trying to create a healthy forest on public lands, which seems consistent with the Town's policy on preserving and protecting public lands. Helen Lindqvist, Tiburon resident, said that she has been eradicating broom on open space for nine years. She said that the applicant is trying to create oak forests were they don't belong and that drainage ditches may not be the best site for planting. Vice Mayor Gram closed the public hearing. Councilmember Berger said that he feels comfortable that forest for forest mitigation can be accomplished. He said he would like the applicant to strive to keep as many trees on their property as possible. He said that he is comfortable that mitigation details can be worked out at a later time. He said that he would like to investigate whether grasslands could be replaced instead of oak woodlands. He said that while he agrees that there are better sites for off-site mitigation, he disagrees that the Gilmartin site could not benefit from woodland restoration~ He said that the Council is not looking at preserving grasslands as opposed to oak forests, but rather is interested in keeping broom from choking out the existing vegetation on open space. He said that as far as what distance is appropriate, anywhere in the Tiburon sphere of influence is acceptable for this type of off-site mitigation. Councilmember Fredericks said that the project is aimed at mitigating loss of habitat, not at broom eradication. She said that broom eradication is important in the sense that it will allow the new vegetation to flourish. She would like to see new oak trees planted in a contiguous pattern with existing woodland. She said that the Paradise Drive area is an adequate site to consider for off-site mitigation. In response to general fears raised about open space, she mentioned that the open space plots being considered were not acquired through open space bond issuance but through exactions from developers. She added to Councilmember Berger's comment by stating that she would like off-site mitigation to be defined as a place that bears some similarity to the kind of habitat that they are trying to preserve. Town Council Minutes # 08-2006 April 19, 2006 Page 8 Councilmember Slavitz added that per the EIR, off-site remediation is acceptable and Staff and the applicant have done a good job at identifying appropriate off-site mitigation. With regard to the Gilmartin site, Slavitz said that he believes that there is more than adequate space at the Paradise and Eagle Rock sites, and that Condition #20 should be revised to reflect this by deleting references to the Gilmartin Drive sites. He said that he would like to add that the trees should be planted as far apart as practicable to encourage that they flourish. Vice Mayor Gram said that the Town will continue to preserve open space, not destroy it. He said that he will not feel pressured to accept the applicant's proposal until they present the right one. MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt A Resolution of the Town Council of the Town of Tiburon Amplifying and Supplementing Provisions of the Tiburon Zoning Ordinance with Respect to Planned Development #22 and Adopting a Mitigation Monitoring Plan as presented, with the one modification that reference to the Gilmartin Drive sites be deleted from Condition #20 Berger, seconded by Fredericks AYES: Unanimous ABSENT: Smith To adopt A Resolution of the Town Council of the Town of Tiburon Adopting Findings related to the Tiburon Glen Project (PD #22) Pursuant to the California Environmental Quality Act Berger, seconded by Slavitz AYES: Unanimous ABSENT: Smith PUBLIC HEARING 9. Recommendation by Director of Community Development - Amendments to Chapter 16 of the Town Code (Zoning) establishing a) Residential Multiple Planned/Affordable Housing Overlay Zone Regulations and Development Incentives; and b) Prezoning of an Affordable Housing Overlay within the Tiburon Planning Area Vice Mayor Gram opened and closed the public hearing. There were no comments. Councilmember Berger noted that the Council can add additional aspects to the Affordable Housing Overlay, but that this is something that had to been done in order to comply with State standards. Town Council Minutes # 08-2006 April 19, 2006 Page 9 MOTION: MOVED: VOTE: To read ordinance by title only Berger, seconded by Slavitz AYES: Unanimous ABSENT: Smith Vice Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Amending Title N, Chapter 16 (Zoning) of the Tiburon Municipal Code by Making Text Amendments thereto." MOTION: MOVED: VOTE: b) MOTION: MOVED: VOTE: To adopt the ordinance Gram, seconded by Berger AYES: Berger, Gram, Fredericks, Slavitz ABSENT: Smith An Ordinance of the Town Council of the Town of Tiburon Prezoning Unincorporated Territory in the Eagle Rock! Bay Vista Portion of the Tiburon Planning Area. To read ordinance by title only Berger, seconded by Fredericks AYES: Unanimous ABSENT: Smith Vice Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon prezoning unincorporated territory in the Eagle RocklBay Vista portion of the Tiburon planning area." MOTION: MOVED: VOTE: To pass adopt the prezoning ordinance Slavitz, seconded by Berger AYES: Berger, Fredericks, Gram, Slavitz ABSENT: Smith 10. Report by Building Official- Appeal of Fines for Expired Building Permit and Reactivation Fees Appellant Appellant: Abraham Valentino . Project Address: 121 SugarloafDrive AP No. 58-313-03 Continued at Appellant's Request until June 7, 2006 COUNCIL AND COMMITTEE REPORTS Interim Town Manager Bigall reintroduced Nick Nguyen, the new Town Engineer/ Director of Public Works, whose first day of employment was April 17, 2006. Town Council Minutes # 08-2006 April 19, 2006 Page 10 Councilmember Fredericks provided a report on the City/County Planning Committee, formerly known as the County-wide Planning Agency. She said that the members have formulated their list of priorities and mission statement and that the committee will meet quarterly to address various sub-regional issues. Fredericks said that they will require either a TAM member or an alternate to serve on the committee. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Vice Mayor Gram adjourned the meeting at 9:10 p.m., to a special meeting scheduled for May 8,2006. Di~'.'.,. rC!'~'i C.... r:~ "r1~ 'i ',; ~3;~ i~Kr~ ~ TOM GRAM, VICE MAYOR (_.,,-~_ r -- 2..-' ~ ATTEST: l," ' ,i, , lkJ ~ <~ [~~h U"" g DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 08-2006 April 19, 2006 Page 11 Town of Tiburon L/ ~~~~~. ~~~~.~~ . . . . . . . . . . .A.~E~~.~~.T. . TO: Mayor and Members, of the Town Council, FROM: BrianM. Stott, Interim Director of Administrative Service~ SUBJECT: Monthly Investment Summary - March 2006. ~ MEETING DATE: MayS, 2006 REvmWED BY: . . ... . . .. . " . iI . . . . . . . . . .",it. . '. .. . . .. . . .. .' ... ..Ii · ... TOWN OF TIBURON Institution/Agency Investment , Amount Interest Rate Maturity State of California local Agency $18,662,441 .82 4.142% Liquid Investment Fund (LAIF) Total Invested: $1 8.662,44 1 .82 TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount I nterest Rate Maturity State of California Local Agency $947,365.56 4. 142% Liquid Investment Fund (LAIF) Total Invested: $947,365.56 . Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended. A<*nowledgment: This summary report accurately reflects aU pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. ' TOWN OF TIBURON STAFF REpORT ITEM NO. .~ MEETING DATE: 5/8/2006 To: From: Subject: Date: MAYOR AND MEMBERS OF THE TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT TRAP. .. . FIe MITIGATION FEE UPDATE: A1J.............. RIZE BUDGET AMENDMENT MAY 4, 2006 Rev. by: ........' BACKGROUND The Town of Tiburon has been collecting traffic mitigation fees from new development since 1980. Periodically, the fee structure needs to be updated, typically following the adoption of a new Circulation Element of the General Plan. The most recent traffic mitigation fee update occurred in 1996. ' . Implementing Program. C-b of the T~wn's General Plan Tiburon 2020 calls for updating of the traffic mitigation fee as necessary to reflect current infonnation and the current list of proposed improvements needed to maintain acceptable levels of service at intersections, as listed.inthe Circulation Element. Program C-b is listed as "Highest Priority" in the Town's Implementation Schedule. ANALYSIS The Town has received a proposal from Fehr & Peers, Inc. to update the traffic mitigation fee based on the new Circulation Element. Fehr & Peers worked on the traffi.c modeling analysis for the General Plan update and already possesses the traffic data and familiarity necessary to perform the update at a lower cost than could other firms. The estimated cost of the update is just under $25,000. Ongoing administration and updating of the traffic mitigation fee program is an authorized use of the restricted fund in which traffic mitigation fees collected by the Town are deposited. Funds for the fee update will therefore not be drawn from the General Fund. Tiburon Town Council Staff Report 5/8/2006 1 RECOMMENDATION Staffreco1l1111ends that the Council authorize the budget amendment and allocate $25,000 from the Planning Area Traffic Mitigation Fund for the purpose of the fee update. Tiburon Town Council Staff Report 5/8/2006 2 Town of Tiburon STAFF REPORT AGENOA ITEM ~ .. . .., .. .. . e. . . . .Ii . .. . . . . .. .. It .. '1 . . . . . . . .' . . . . TO: SUBJECT: MAYOR AND MEMBERS OF THE TOWN COUNCIL MAITHEW C. ODEITO, CHIEF OF POLICE AGREEMENT FOR PROFESSIONAL S.ERVICES BETWEEN THE COUNTY OF MARIN FOR DISPATCH & RECORDS MANAGEMENT SERVICES FROM: MEETING DATE: MAYS, 2006 ; f ~ 'REVIEWED BY: ~ . iii . . .. .. . .. . . .. . .. '. . ... ..'. iii .. 1Ii,_ ,. . .. ... Background In 1999 the Town of Tiburon entered into .an Agreement for Professional Services with the County of Marin for public safety communications dispatch, monItoring emergency telephones, after hours telephone lines, as weHas the 9-1-1 system. The County proposed to amend this agreement to include a revised cost sharing formula for the Southern Marin police agencies. (Exhibit I) In addition to the dispatch servioes, the County has developed a new Records Management System with the collaboration of the Town of Tiburont City of Belvedere', City of SausaHto, City of Mill VaHey, Town of Ross and the City of Novato. The purpose of this collaborative effort was to replace the antiquated Criminal. Justice Information System. (CJIS).This new system has a variety ofappHcations including, records management system, custOdy management,automated reporting system, and host of other external interfaces. Those external features include the . computer aided dispatch system and the California Law Enforcement Telecom.munications System. (Exhibit 2) Analysis The County and Town staff reviewed the proposed changes to the Professional Services Agreement for dispatch services. Staff determined the proposed new agreement would provide the same quality of services at a reduced rate. The revIsed cost sharing formula would save the Town of Tiburon approximately $12,000 dollars per year. Staff reviewed the Records Management Services Agreemen~. Staff believes the new system will greatly enhance the technological capabilities of the police department along with the ability to readily share law enforcement related information. Recommendation It is recommended that the Town Council authorize the Town Manager to enter into the revised Agreement for Professional Services for Public Safety Communications Dispatch and enter into a Professional Services Agreement for the Records Management System. Attachments Town of Tiburon STAFF REPORT . · · . it, it . . ;. . . "Ii . . . a' . . . 11II '. . '. '. . .. . . it it. .' . . . . . Ii .. .. .. .it .. 1. Exhibit 1, Proposed Agreement for Dispatch Services. 2. Exhibit 2, Proposed Agreement for Records Management. May 2. 2006 page 2 of 2 EXHIBIT NO. t AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this th day of 1 2006, by and between the COUNTY OF MARIN (Tax I.D, Number 94-6000519), a political subdivision of the State of California (hereinafter referred to as "COUNTY") acting by and through its Sheriff's Office and the Town of Tiburon for its Police Department (hereinafter referred to as "AGENCY"). WITNESSETH: In consideration of the mutual promises set out below AGENCY and COUNTY agree as follows: 1. The Services to be performed; the schedule for provision of said Services; the compensation for said Services; and the schedule for payment of said compensation shall all be set forth in Exhibits A and B. 2, DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the representative of the COUNTY and will administer this Agreement for the COUNTY. Town Manager ~ r 1 = I t~ I f is the authorized representative for the AGENCY. Changes in designated representatives shall occur only by advance written notice to the other party. 3. reference: EXHIBITS. The following Exhibits are attached hereto and incorporated herein by Exhibit "A" - General Terms and Conditions Exhibit "B" - Financial Terms and Conditions IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first above written, "COUNTY" COUNTY OF MARIN "AGENCY" TOWN OF TIBURON By: By: Approved to form by Marin County Counsel: Approved to form by Tiburon Town Attorney: EXHIBiT NO. I I EXHIBIT - A GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURON REGARDING THE DELIVERY OF POLICE COMMUNICATIONS SERVICES The Tiburon Town Council ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of police communications services by the Marin County Sheriff's Office Communications Division ("MARIN COMM" hereafter). This exhibit to the contract fully describes the general terms and conditions agreed to by the COUNTY and the AGENCY. EXHIBIT - B describes the financial terms and conditions of the agreement. Through this agreement, MARIN COMM will provide normal and customary services related to the performance of public safety communications dispatching services, including, but not limited to emergency and routine calls for service telephone answering services, radio communications and computer data entry related to said services. These services are more expressly described in the following sections, I. TELEPHONE SERVICES. A. Emerqencv Telephones. MARIN COMM will receive and process all emergency telephone calls, including those received on 9-1-1 telephone lines and on published seven digit emergency telephone lines intended for AGENCY, All requests for response will be received and processed by MARIN COMM for police emergency and urgent incidents occurring within the AGENCY jurisdiction. B. 9-1-1. The selective routing codes affecting the AGENCY will directly connect 9-1-1 callers to MARIN COMM. C, Alternate Emerqencv Line. MARIN COMM maintains a seven-digit emergency telephone line to be used as an alternate for 9-1-1. This line (415-472-0911) may be published by the AGENCY as an alternate emergency telephone number. II, COMPUTER AIDED DISPATCH SYSTEM (CAD) AND COMPUTER SERVICES A. CAD Overview. MARIN COMM operates a CAD system for maintaining unit and incident status and other services such as queries into law enforcement databases, interfaces to ancillary systems, etc. B. Unit Status Function. MARIN COMM will maintain accurate status of all available AGENCY police units that are available for dispatch to service requests and emergency incidents. AGENCY will provide MARIN COMM with unit status changes as they occur, MARIN COMM maintains a unit history report for all police units on-line for thirty days, Additional unit history reports can be provided from the back up tapes or through the CompuDyne RMS. Simple requests, such as those that can be done in a few minutes are available at no cost to AGENCY, however, as described in EXHIBIT - B, AGENCY will be charged for more time consuming requests falling outside the scope of this agreement. 1. Radio Procedures, AGENCY agrees to utilize radio procedures that conform to the CAD procedures and to operate under the general guidelines of the Marin County Police Chiefs' Association and the Marin Emergency Radio Authority, 2, Police Unit Availabilitv. AGENCY will notify MARIN COMM of the availability of patrol officers and key personnel such as the duty commander or investigators. MARIN COMM will maintain the current unit availability status in CAD and will notify the officer-in-charge of any coverage problems in AGENCY jurisdiction. Page - ] EXHIBIT A -- General Terms and Conditions for Communications Services C. Incident Status. MARIN COMM will electronically record all calls for service in the CAD system. D. Incident Numberinq. MARIN COMM will electronically record an "Agency Number" for all incidents within AGENCY jurisdiction or when AGENCY units respond to calls outside of their jurisdiction, The number is sequential, reset annually at 00:00 on January 1 each new year. E. Case Numberinq. MARIN COMM will electronically record a "Case Number" for all predetermined CAD call types or on request by a police officer. The number is sequential, reset annually at 00:00 on January 1 each new year. F. Additional CAD services. MARIN COMM will assist AGENCY in implementing additional CAD services if desired. All costs for these additional services will be borne by AGENCY, or the costs will be shared prorate by all entities benefiting from the enhancement. Options include, but are not limited to: 1. Providing access to the CAD system from workstations at AGENCY office to access unit status and incident information. 2. Providing access to the CAD from mobile computer terminals in the AGENCY vehicles, including access to a mobile mapping system when it is available. 3. Providing Automatic Vehicle Location and Automatic Response and Route Recommendation system when it is available. G. Geofile. MARIN COMM maintains a Graphical Information System (GIS) based geofile in the CAD system that is integral to the response recommendation system. AGENCY agrees to provide quality checking and quality assurance for streets, addresses, common places and other GIS data points within their jurisdiction. If AGENCY desires any significant changes to the geofile after the initiation of this agreement, they will be charged the actual cost of the change. Any change(s) which takes more than one hour to perform by a MARIN COMM employee off-the-console will be charged back to the AGENCY as described in EXHIBIT - B, For example, if the police department makes a major change in their station boundaries, AGENCY will be charged for the actual time and materials for the effort to implement the changes. H. Police Related Data Svstems. 1. MARIN COMM will provide queries for police officers in the field into the Sheriffs Records Management System (RMS), the County Justice System (E-JUS), the California Department of Motor Vehicles system, the California Law Enforcement Telecommunications System (CLETS), the FBI's National. Crime Information Center (NCIC), and other similar systems. 2. MARIN COMM will notify the requesting officer of the results of the query and, when directed by the officer, contact the originating agency to verify the status of any "hits" in the various systems, 3. AGENCY is responsible for entering data related to wanted persons, property, articles, vehicles, restraining orders, and other similar items into CLETS and NCIC unless AGENCY will not have clerical employees available to perform that duty within four hours, in which case, MARIN COMM will enter the data into the respective systems, 4. MARIN COMM will enter basic information into the Missing and Unidentified Persons System (MUPS) without delay; AGENCY must compare the MUPS entry to the police report and AGENCY must make appropriate modifications to the entry. If AGENCY will not have clerical employees available to perform that duty within four hours, MARIN COMM will make the modifications to MUPS requested by AGENCY, Page - 2 EXHIBIT A -- Genera! Terms and Conditions fOi Communications Services 5. AGENCY is responsible for modifications to entries and modifications as a result of DOJ or FBI audits unless the change is time sensitive and AGENCY will not have clerical employees available to perform that duty within four hours. III. OPERATIONAL ISSUES A. Policies and Procedures, AGENCY is responsible for establishing their policies, practices and procedures on dispatching services in conjunction with the MARIN COMM. MARIN COMM and AGENCY will follow said policies, practices and procedures in the performance of dispatch service pursuant to this Agreement. Where possible, AGENCY will make align their communications dispatch policies and procedures with the other agencies dispatched by MARIN COMM. In all cases, the policies and procedures will not conflict with those published by the Marin County Police Chiefs' Association or the Marin Emergency Radio Authority, B, Police and Fire Dispatch SteerinG Committee. A committee comprised of chief executives or their personal designees will meet biennially with Sheriff's Office administrators and Communications Division managers to review performance issues and consider and recommend service fee adjustments to adopt or implement changes in operating procedures or information technology enhancements. The Sheriff's Office Administration and Support Services Bureau commander chairs this committee. C. Police Dispatch User's Group, The Police Dispatch User's Group is established to provide a common forum for all police agencies that contract with the COUNTY for services, It meets bimonthly at locations announced in advance of the meeting. AGENCY agrees to provide representation at each meeting. Committee chair is rotated annually in the month of January among the participating police agencies. D. Conflict Resolution, MARIN COMM provides a Supervising Communications Dispatcher on each shift to provide oversight of operational activity and personnel supervision. Supervisory or command personnel from AGENCY should attempt to resolve problems by contacting the MARIN COMM shift supervisor as soon as possible. Unresolved or repetitive problems should be referred to the Assistant Communications Dispatch Manager assigned as the Contract Services Liaison. Serious problems occurring after- hours should be referred to a Communications Dispatch Manager by pager or telephone. AGENCY may document a problem by addressing an email message to Com mManaGer@co.marin.ca.us. E. Disaster Operations: Interaction with EmerGencV Operations Centers. MARIN COMM will be the primary point for dispatching day to day emergencies. In the event AGENCY emergency operations center is activated, there will be a need to modify how incidents are handled, especially for a large-scale event which has truly exhausted local resources. The details of the interaction between MARIN COMM and AGENCY emergency operations center will be developed as a component of the policies, practices, and procedures as referenced herein, F, Special Events, AGENCY may request COUNTY to provide extra support for a special event held within AGENCY'S jurisdiction, such as a fair or other community activity. Whenever possible, AGENCY should provide COUNTY with at least two weeks notice so that an overtime employee may be scheduled. In no case will extra personnel be assigned for a scheduled event with less than seventy two (72) hours notice. AGENCY'S authorized representative must provide express written request to COUNTY, and agree to assume all additional costs associated with assigning additional MARIN COMM personnel to the event, prior to COUNTY incurring extra personnel expenses, In cases where a special event affects more than one agency, the costs for the added services will be shared by all of the involved agencies through a special formula that will be reviewed and approved by the authorized representatives from each agency, Page - 3 EXHIBIT A -- General Terms and Conditions for Communications Services IV. OTHER GENERAL PROVISIONS A. COUNTY or AGENCY shall have the right to terminate this Agreement at any time by giving notice in writing to the other party, one hundred eighty (180) calendar days prior to the date of such termination. On the date of termination, the COUNTY shall immediately cease rendering the services required by this Agreement, and the following shall apply: 1. AGENCY shall pay COUNTY at the termination of the Agreement any and all bills outstanding for the services rendered by the COUNTY to the date of termination pursuant to this Agreement. COUNTY shall furnish to AGENCY such financial information as, in the judgment of the AGENCY, is necessary to determine the amount due for the services rendered by COUNTY. The foregoing is cumulative and does not affect any right or remedy which AGENCY or COUNTY may have in law or equity. 2. COUNTY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days written notice to the AGENCY, without liability for damages, if COUNTY is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by AGENCY, provided that COUNTY has first provided AGENCY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time the AGENCY may cure the alleged breach. 3. AGENCY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days advance written notice to the COUNTY, upon any material breach of the Agreement by COUNTY, provided that AGENCY has first provided COUNTY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time the COUNTY may cure the alleged breach. B. This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. C. No substantial modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. Minor modifications to this agreement may be made between both parties if agreed upon in writing, signed by the AGENCY chief executive and the Sheriff or their authorized representatives. 0, If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. E, This Agreement may be executed simultaneously and in several counterparts, each of, which shall be deemed an original, but which together shall constitute one and the same instrument. F, Prior to initiating any litigation arising out of this agreement, the parties shall meet and confer in good a faith effort to resolve the issues in dispute. In any action at law or in equity, including an action for declaratory relief, brought to enforce or interpret provisions of this Agreement, each party shall bear its own costs, including attorney's fees, G. Unless otherwise expressly waived in writing by the parties hereto, any action brought to enforce any of the provisions hereof or for declaratory relief hereafter shall be filed and remain in a Court of competent jurisdiction in the County of Marin, State of California. The laws of the State of California shall govern this Agreement and all matters relating to it. Page - 4 EXHIBIT A -- Genera! Terms and Conditions for Communications Services H, Each individual executing this Agreement on behalf of their public agency represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the public agency in accordance with a duly adopted resolution or minute order of the Governing body of said public agency in accordance with the laws of the State of California. AGENCY shall deliver to the COUNTY a certified copy of a resolution or minute order of the AGENCY governing body authorizing and ratifying the execution of this agreement. The COUNTY shall within thirty (30) days of the receipt of the AGENCY governing body resolution or minute order deliver to AGENCY a certified copy of a resolution of the Board of Supervisors authorizing or ratifying the execution of this Agreement. I. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail with postage thereon fully prepaid, and addressed to the party to be served as follows: If to COUNTY: Board of Supervisors, County of Marin Civic Center, Room 31 5 3501 Civic Center Drive San Rafael, CA 94903 and to: Sheriff, County of Marin Civic Center, Room 145 3501 Civic Center Drive San Rafael, CA 94903 If to AGENCY: Alex Mcintyre, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 And to: Tiburon Police Department Attn: Matthew Odetto, Chief 1155 Tiburon Boulevard Tiburon, CA 94920 Each party shall provide the other with telephone and written notice of any change of address as soon as practicable, Notices given by personal delivery shall be effective immediately. J, Indemnification 1, The AGENCY agrees to defend, indemnify, hold harmless and release the COUNTY, its Board of Supervisors, and the officers, agents, and employees of the COUNTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including AGENCY, arising out of or in connection with the activities of AGENCY, its governing body, the officers, agents, and employees of AGENCY pursuant to this Agreement whether or not there is concurrent negligence on the part of the COUNTY but excluding liability due to the sole active negligence or sole willful misconduct of the COUNTY, This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or Page - 5 EXHIBIT' A -- Generai Terms and Conditions for Communications Services for the AGENCY or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts. 2, The COUNTY agrees to defend, indemnify, hold harmless, and release the AGENCY, its governing body, and the officers, agents, and employees of the AGENCY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including the COUNTY, arising out of or in connection with the activities of the COUNTY, its Board of Supervisors, the officers, agents, and employees of the COUNTY pursuant to this Agreement whether or not there is concurrent negligence on the part of the AGENCY but excluding liability due to the sole active negligence or sole willful misconduct of the AGENCY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable tos or for the COUNTY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts, K. RESPONSIBLE PARTIES A. Count 499-7250 499-7250 499-6380 499-7244 507-4123 499-7410 507-4126 507-4126 507-4126 499-3636 499-3636 499-3636 co,marin.ca.us co,marin,ca.us co.marin.ca,us cO.marin,ca,us B. Town of Tiburon Matthew Odetto ci.tiburon.ca,us Dave Hutton ci.tiburon.ca.us Page - 6 '1)" L.;> ~ C~\ (,.i U\...l Page 1 of2 Matthew Odetto ~c/\. v\ C.fJ:/)/'" ~..~.)~:r. Sent: To: From: McMurray, Bill [BMcMurray@co.marin.ca.us] Tuesday, April 25, 2006 2:40 PM jwickham@cityofmillvalley.org; Matthew Odetto; Mark Campbell (E-mail) (E-mail); Barry Heying; DMacQuarrie@ci.sausalito.ca.us Subject: Missing element... Jim Wickham noticed that Section I of Exhibit A was missing an entire section, It was an unintentional omission. I am proposing the following change in Exhibit A to repair the damage". I. TELEPHONE SERVICES. A. Telep-hone Call Handlinq. All requests for response will be received and processed by MARIN COMM for police emergency and urgent incidents occurring within AGENCY jurisdiction. B. 9-1-1. The selective routing codes affecting AGENCY will connect 9-1-1 callers to MARIN COMM after they have first been received by the primary 9-1"-1 Public Safety Answering Point for AGENCY jurisdiction. C, Alternate Emergency Telephones. MARIN COMM will receive and process all emergency telephone calls, including those received on 9-1-1 telephone lines and on published 1 O-dig it AGENCY emergency telephone lines. AGENCY will call-forward their 10-digit emergency telephone lines to a County' Centrex line (415-446-4413). This number automatically rolls over to additional lines when it is busy (415-446-4414 through 4416). The AGENCY emergency numbers are listed below: . Mill Valley - 389-4170 . Sausalito -- 289-4141 . Tiburon -- 435-7360 . Belvedere -- 435-2611 D. Alternate Teleghone Line. MARIN COMM maintains a seven-digit emergency telephone line to be used as an alternate for 9-1-1. This line (415-472-0911) may be published by AGENCY as an alternate emergency telephone number, E. Police and Fire Department business teleghones, MARIN COMM will receive police and fire business telephone calls only during hours when they do not have personnel in their office to answer these lines, Non-emergency calls will initially ring at the police or fire department administrative offices, If personnel at the police department are not available to answer the call, it will forward to MARIN COMM after four rings. The dispatcher will screen the call. If it requires immediate action, a message will be routed to the appropriate on-duty police officer. Otherwise the caller will be forwarded to an automated attendant or voice mail system maintained by the city or town, Administrative calls misdirected to the dispatch telephone lines will be handled by a MARIN COMM dispatcher whenever possible, however emergencies take preeminence over administrative calls, 1. The Police Department may call forward their business line to MCC on weekdays between 5:00 p.m, and 9:00 a.m. and at all times on weekends or holidays. a) Mill Valley PO business lines will be call-forward to 415-446-4526, b) Sausalito PO business lines will call-forward to 415-446-4529. c) Tiburon PO business lines will call-forward to 415-446-4527, d) Belvedere PO business lines will call-forward to 415-44.6-4528, e) These lines will not have a rollover scheme to another line, If the line is busy, the next caller will be call forwarded to a voicemail message for the respective police department. The message will direct the caller to dial 9-1-1 for an 4/25/2006 Page 2 of2 emergency or the police department alternate emergency line to reach the dispatcher, It is recommended that the caller have the option of pressing "0" to be directly connected to the alternate emergency line. f) MARIN COMM will answer these lines as follows: "Police Department" 2. The Fire Department will call forward their business line to MCC between 10 p.m, and 7 a.m. or when they will be away from the fire station for an extended period. a) Mill Valley business lines will call-forward to 415-446-4526 b) MARIN COMM will answer this line as follows: "Fire Department." 3. The City will reimburse MARIN COMM for the costs associated with the lines that specifically seNe their police and fire departments. 4. If the business call volume negatively impacts the dispatch operation, the police department agrees to find alternative methods for handling business telephone calls, Email 0 iscla imer: http://www.co,marin.ca,us/nav/misc/EmailOisclaimer.cfm No virus found in this incoming message. Checked by A V G Free Edition. Version: 7.1.385/ Virus Database: 268.4.6/323 - Release Date: 4/24/2006 4/25/2006 EXHIBIT - B FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURN REGARDING THE DELIVERY OF COMMUNICATIONS SERVICES The Town of Tiburon ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of public safety communications by the Marin County Sheriff's Department's Communications Division (Marin County Communications, "MARIN COMM" hereafter). This exhibit to the contract fully describes the financial terms and conditions agreed to by the COUNTY and the AGENCY. A. Cost Recoverv Mandate. COUNTY is required by policy to recover costs for providing services to other local government agencies. This Exhibit describes how COUNTY determines its costs for providing police and/or fire communications services. B. Determination of Cost of Services, 1. COUNTY provides several types of contracts to local government agencies, including emergency telephone answering and dispatching services,as well as providing local agencies with access to the CAD system for use by those agencies personnel. 2. COUNTY owns, operates and'maintains a Computer Aided Dispatch (CAD) system for use by agencies directly dispatched by MARIN COMM as well as for use by other agencies that operate their own dispatch center. Using data from the CAD management information system (MIS), COUNTY has determined the amount of activity handled by MARIN COMM for AGENCY within their jurisdiction for a twenty four (24) month period (calendar years 2004 and 2005). This information is displayed in Appendix A, Section 2, in the columns labeled "24M CAD Activity". This activity is exclusive of any response to mutual aid request occurring outside AGENCY's jurisdictional boundary. 3. COUNTY will utilize formulas based on CAD activity to determine the allocation of costs for services rendered to AGENCY and others by MARIN COMM, The costs of these services will be incorporated into the annual charge to AGENCY by COUNTY for services described in Exhibit A. Appendix A of this Exhibit (B) contains the fiscal year 2006-2007 formulas and costs for AGENCY and others contracting for dispatching and/or CAD services 4, AGENCY will pay COUNTY for AGENCY'S percentage of the cost of the CAD Service Maintenance Agreement, plus a five (5) percent management fee as determined by the overall activity on the CAD system. Appendix A, Section 2, Column A displays the percentage of use of the CAD system for all entities operating from the CAD system. 5. In addition to the CAD Service Maintenance Agreement, the municipalities in Southern Marin will pay COUNTY for the full salary and benefit cost of six and one half (6.5) full- time Communications Dispatcher II employees, plus a five percent management fee. a) Appendix A, Section 1 displays the personnel costs for FY2006-07, b) Appendix A, Section 2, Column B displays the overall CAD activity for those four police departments, and identifies their respective percentage of use of the full time employees mentioned in this section, and their share of that cost. 6, In addition to the CAD Service Maintenance Agreement, entities contracting for fire dispatch service will pay COUNTY for the full salary and benefit cost of five (5) full-time Communications Dispatcher II employees, plus a five (5) percent management fee, a) Appendix A, Section 1 displays the personnel costs for FY2006-07. b) Appendix A, Section 2, Column C displays the overall CAD activity for fire departments and districts, and identifies their respective percentage of use of the full time employees mentioned in this section, and their share of that cost. Page - 1 EXHiBiT 8 - Financiai Terms and Conditions for Communications Services c) COUNTY will amortize cost increases'that exceed ten (10) percent of AGENCY's FY 2005-2006 costs equally over the next three fiscal years, 2006-07, 2007-09 and 2008-09. The departments and districts affected by this amortization are listed in Appendix A, Section 2, "Agencies" column as indicated in the footnote on that page. d) For the city of Mill Valley, the total costs for services for the fire department and the police department are incorporated into their annual cost for dispatch service. e) For the city of Sausalito, the fire department costs are included into the separate agreement between COUNTY and the Southern Marin Fire Protection District for the term of their contract to provide fire and EMS service to the city of Sausalito. 7. Special Contract Services. COUNTY provides dispatch service to the Ross Police Department and the Point Reyes National Seashore law enforcement rangers incorporating their activities on the Sheriff's Office primary dispatch radio channels. Except for the impact on the CAD system and their respective share of the CAD Service Maintenance Agreement, the cost for service for these entities is not tied directly to prorating their share of the cost of any full time employee positions. Their costs will be adjusted by cost of living increases in future years, 8, CAD Enhancements. a) COUNTY will coordinate improvements and enhancements to the CAD periodically. b) If AGENCY or others benefit from the improvement or enhancement, they will share in the cost of these changes with other agencies that benefit by the change. For example, an enhancement that only benefits one agency will be paid for by that agency, but if the enhancement benefits all agencies, all will pay their share, based on the formula In Appendix A, Section 2, Column A. c) Depending on how agencies are benefited by an enhancement or change in the CAD, COUNTY may develop a special formula to pay for that particular change, such as fire departments only, or grouping of police departments. d) In no circumstance will COUNTY allow improvements or enhancements to the CAD that will be paid for by AGENCY or others without the express written consent of AGENCY'S authorized representative. C. Administrative Fee. COUNTY assesses an annual five percent (5%) administration fee based on the total charge to AGENCY for dispatching service and/or CAD service. This fee is included in the "Cost" column in Appendix A, Section 2, Columns A, Band C. D. Start-Up Service Fee. In addition to the dispatching service and/or CAD service costs, COUNTY will charge a one-time start-up fee that equals twenty five (25) percentof the first year costs for agreements for new service established after 7/1/2006, Any agency contracting for dispatching service after that date will pay the one-time start-up fee, the full costs of new full time employees, if any, their projected share of the CAD Service Mainteance Agreement, as well as the five (5) percent management fee. E. Revisinq the Cost Sharinq Formula, By March 1, 2009, COUNTY will prepare a new cost sharing formula that will be the basis of cost for AGENCY and others for the next three fiscal years. F, Special Events. AGENCY may request COUNTY to provide extra support for a special event held within AGENCY'S jurisdiction, such as a fair or other community activity. Whenever possible, AGENCY should provide COUNTY with at least two weeks notice so that an overtime employee may be scheduled. In no case will extra personnel be assigned for a scheduled event with less than seventy two (72) hours notice, AGENCY'S authorized representative must provide express written request to COUNTY, and agree to assume all additional costs associated with assigning additional MARIN COMM personnel to the event, prior to COUNTY incurring extra Page - 2 EXHIBIT B - Financial Terms and Conditions for Communications Services personnel expenses. In cases where a special event affects more than one agency, the costs for the added services will be shared by all of the involved agencies through a special formula that will be reviewed and approved by the authorized representatives from each agency, G. Special Circumstances. AGENCY may request COUNTY to perform services outside of the scope of this agreement, such as major changes to their response system, merging of departments affecting the response procedures, etc. COUNTY will issue an estimation of the cost for changes, in writing, to the designated agency representative, AGENCY must authorize the work to be performed on their behalf, and agree to reimuburse COUNTY for all costs associated with those changes in writing, before COUNTY will commence the effort, H. Billinq. COUNTY shall submit requests for payment on a quarterly basis. The payment requests will be submitted no later than the tenth (10Ih) of the quarterly month following provision of services, Payment is due upon receipt of the invoice. Page - 3 EXHIBIT B - Financial Terms and Conditions for Communications Services APPENDIX A AGENCIES SERVED AND COST FOR SERVICES SECTION 1 - PERSONNEL Communications Dispatcher II (five positions; full salary and benefits as of January 2006) $78,855 SECTION 2 -AGENCY COSTS (Excel spread sheet Marin CAD Activity 24M-v2.1) COLUMN COLUMN COLUMN COLUMN -B- -C- -0- -E- South Fire Special Marin Dispatch Contract FY2006-07 Police Service 24M 24M CAD Pctg Cost CAD Pctg Cost Cost INVOICE Activity Activity 105,352 100% $538,185 33,075 100% $413,989 $32,219 $980,206 6,187 5,87% $31,606 $32,535 2,145 6.49% $26,848 $27,170 1,684 5.09% $21,078 $19,546 2,705 8,18% $33,858 $31,106 $0 3,544 10.72% $44,359 $32,530 44,239 41.99% $225,993 $232,637 11,303 34,17% $141,476 $117,726 $19,879 $10,000 $10,000 597 1.80% $7,472 $6,62 $22,219 $23,473 4,054 12,26% $50,743 $47,775 1,996 6.03% $24,983 $25,283 31,340 29.75% $160,099 $164,806 2,891 8.74% $36,186 $36,620 2,156 6,52% $26,986 $27,310 23,586 22,39% $120,488 $124,031 "' $1,154 1 Fire agencies cost increase is amortized over three fiscal years starting with 2006-07, Page - 4 EXHIBITNO. J- AGREEMENT FOR PROFE$SIONAL SERVICES THIS AGREEMENT. made and entered-into this "th day of .... ,2006, by and between the COUNTY OF MARIN (Tax 1.0. Number 94-6000519), apolitical subdivision of the State 9f Califomia(hereinafter referred to as "COUNTY") acting by and through. its Sheriff's Office and the Town of Tiburon for its Police Department (hereinafter referred toas~CIW). ' WITNESSETH: In consideration of the mutual promises set out below CITY, and COUNTY agree as follows: 1. The . Services to be perfOrmed; the schedule for provision of said ,Services; the compensation for said Services; and the schedule. for payment of said compensation soaU aU be set forth in Exhibits At B, and C. 2. DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the representative of the COUNTY and wiHadminister this Agreement for the COUNTY. City Manager, Town of Tiburon.is, the authorized representative for CITY. Changes in deslgnated representatives, shall occur Or'l.ly by advance written notice to the other party. ' 3. reference: EXHferts. The following Exhibits are attached hereto8nd incorporated herein .by Exhibit "A" .... General Terms and Conditions , Exhibit "B" -Annual Automated Computer System. Master Support Agreement Exhibit .C" -Financial Terms andCondition$ IN WITNESS WHEREOF. the parties hereto have -executed. this Agresl'folenton the day here first above written. "COUNTY" COUNTY OF MARIN "CITY" TOwrl.of Tiburon By: By: Reviewed: Marin County Counsel's Office Reviewed: Town of Tiburon Attorney By: By: EXHIBIT - A GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AN.D THE TOW.N OF TIBURON REGARDING THE DELIVERY OF AUTOMATED RECORDS MANAGEMENT SERVICES The Town of Tiburon's City Council (-AGENCY" hereafter) and the Marin County Board of Supervisors (-COU NTV" hereafter) have entered into a contract for the delivery of automated 'records management services by the Marin County Sheriff's Office Technical Support UnIt (~SHERIFF'S TECH" hereafter). This exhibit to the contract fullY describes the general terms and conditions agreed to by COUNTY and AGENCY. EXHIBIT.;.. C describes the financial terms and conditions of the agreement. Through this agreement, and on behalf of the age.ncies participating in the development and implementation of the Marin County Law Enforcement 'Records Management System eCONSORTIUM" hereafter), SH.ERI FF'S TECH will provide normal and customary services related to the performance of the CompuDyne RMS system, including, but not limited to the operation of the recordsmanageme.nt system, automated report writing system, and'the custody management system. These services. are In addition to those services . provided by COi'lJPuDyne (-VeNDOR" hereafter) as part of the annual . maintenance agreement entered into by COUNTY and VENDOR. . SHERIFF'S TECH se,rvices are more . expressly described'ln tbe foUowingsections.. I. ACOESS.TOCOMPUDYNE RMS SYSTEM A.' COUNTY shall allow AGENCY full and unrestricted access to VENDOR automated systems. to include, butnot be limited to the records management system, custody management system. automated report writing system, Webquery ap plIeation , photo imaging system, XMl- translation service, and aU modules these systems and applications provide. In addition, COUNTY shall maintain and allow AGENCY full and unrestricted access to all external interfaces supported by VENOC)R, including, but not limited to Marin CountyCommlJnicationsCenterCAOsystem, CaJifomia Law . Enforcement Teletype System ("CLETS" hereafter), Cogent automated fingerprint system, Autocite, and Keefe Commissary. Access to VENDOR system shall be in accordance with this agreement and any and all ope.rational protocols developed and implemented by CONSORTIUM. - B. COUNTY shall enter into and maintain a contractual agreement wIth VENDOR onuehalf of AGENCY and CONSORTIUM for VENDOR to provide on-going annual maintenance and support of VENDOR system, the terms and conditions of said agreement to beset forth in Exhibit Bof this agreement. II. POINT OF CONTACT A. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as the primary point of contact between AGENCY, CONSORTIUM, COUNTY, and VENDOR for all system related Issues and questions ,that are beyond the capability of in-house AGENCY resources to correct.' SHERIFF'S TECH shall provide 24x7support for all priority one (high) and/or priority two.(moderate) issues as defined in the VENDOR annual maintenance agreement. B. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as primary point of contact between AGENCY, CONSORTIUM, COUNTY, and VENDOR for aU technical service requests (RTSR'S" hereafter) and all system enhancement and/or change , requests. C. SHER,IFF'S TECHshall1 'on behalf of AGENCY and CONSORTIUM, aetas primary point of contact between AGENCY, CONSORTIUM, COUNTY, VENDOR, and any third party system vendors, including Marin County Information Services (-'ST' hereafter), the Califom.ia Department of Justice ("4DOJ" hereafter) as it relates to CLETS activity. Page - 1 EXHIBIT A -- General Terms and Conditions for Automated Records Management Services D. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as primary point of contact between AGENCY, CONSORTIUM, COUNTY, VENDOR, and Marin County Geofile Information Services ("GIS" hereafter) with respect to location and geofile related issues, to include but not be limited to adding new streets and addresses created by AGENCY, performing regularly scheduled updates to the VENDOR geofile to ensure the most recent GIS changes are distributed through all VENDOR applications. HI. SYSTEM MAINTENANCE A. SHERIFF'S TECH will, on behalf of AGENCY and CONSORTIUM, maintain all system code tables, and, after review and approval, make all necessary changes and updates based on workflow need or statutory requirement. B. SHERIFF'S TECH will, on behalf of AGENCY and CONSORTIUM, maintain all system security tables and groups, and after review and approval, make all necessary changes and updates based on functional position and "need to know/right to know" requirements. This maintenance shall include adding new end-users and providing necessary security based on functional position. C. SHERIFF'S TECH will, on behalf of AGENCY and CONSORTIUM, will maintain all system terminal (client workstation) tables. This maintenance shall include modifying terminal security, adding or changing terminal CLETS mnemonics, and adding or changing default printer information for a system terminal. D. SHERIFF'S TECH will, on behalf of AGENCY and CONSORTIUM, will maintain all CLETS masks provided by VENDOR. This maintenance shall include making all necessary modifications to the masks based on new state and/or federal requirements. Minor changes will be completed by trained SHERIFF'S TECH personnel. More complex changes or new masks that are required will be developed by VENDOR. E. SHERIFF'S TECH will, on behalf of AGENCY and CONSORTIUM, will maintain the master name index. This maintenance shall include the modification of master name records and combining multiple person and jail records when appropriate. SHERI FF'S TECH shall also coordinate changes with 1ST as they relate to the VENDOR 'master name index and 1ST name index, ensuring both systems remain synchronized. IV. TECHNICAL SUPPORT A. SHERIFF'S TECH shall provide technical guidance to AGENCY network/system support personnel with respect to troubleshooting VENDOR client software installation and configuration issues. This technical support does not, however, include performing actual VENDOR client software installation and/or configuration. B. SHERIFF'S TECH shall update and maintain VENDOR system Intranet site, providing AGENCY end-users a single platform from which to locate a variety of helpful technical and procedural documents. Existing web site documents will be modified and new documents created based on changes in applications or identified user issues. C. SHERIFF'S TECH shall manage the Veritas back-up system software and ensure an efficient and complete VENDOR system and data back-up routine is conducted and verified as needed to ensure adequate system recovery tools are available in the event of a catastrophic VENDOR hardware or software failure. D. SHERIFF'S TECH shall monitor server and system performance and make basic adjustments to ensure smooth and continuous operation of VENDOR server and database hardware, said monitoring to exclude major database modification or maintenance. Major database modification and maintenance fall outside the scope of this agreement and will require outsourcing to a private contractor. E. SHERIFF'S TECH shall provide on-going support for Crystal report development and distribution, to include, but not be limited to the installation of AGENCY specific Crystal report masks on VENDOR Webquery server to facilitate access by AGENCY and/or Page - 2 EXHIBIT A -- General Terms and Conditions for Automated Records Management Services CONSORTIUM. SHERIFF'S TECH is however, not responsible for developing AGENCY'S individual Crystal reports. IV. OTHER GENERAL PROVISIONS A. COUNTY or AGENCY shall have the right to terminate this Agreement at any time by giving notice in writing to the other party, one hundred eighty (180) calendar days prior to the date of such termination. On the date of termination, the COUNTY shall immediately cease rendering the services required by this,Agreement, and the following shall apply: 1. AGENCY shall pay COUNTY at the termination of the Agreement any and all bills outstanding for the services rendered by COUNTY to the date of termination pursuant to this Agreement. COUNTY shall furnish to AGENCY such financial information as, in the judgment of the AGENCY, is necessary to determine the amount due for the services rendered by COUNTY. The foregoing is cumulative and does not affect any right or remedy which AGENCY or COUNTY may have in law or equity. 2. COUNTY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days written notice to the AGENCY, without liability for damages, if COUNTY is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by AGENCY, provided that COUNTY has first provided AGENCY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time AGENCY may cure the alleged breach. 3. AGENCY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days advance written notice to COUNTY, upon any material breach of the Agreement by COUNTY, provided that AGENCY has first provided COUNTY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time the COUNTY may cure the alleged breach. 4. COUNTY shall work with AGENCY and VENDOR to facilitate the copying and extraction of AGENCY specific data from VENDOR system for future AGENCY use. AGENCY shall bare the full cost of any data extraction services provided. B. This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. C. No substantial modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. Minor modifications to this agreement may be made between both parties if agreed upon in writing, signed by AGENCY chief executive and the Sheriff or their authorized representatives. D. If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. E. This Agreement may be executed simultaneously and in several counterparts, each of, which shall be deemed an original, but which together shall constitute one and the same instrument. F. Prior to initiating any litigation arising out of this agreement, the parties shall meet and confer in good a faith effort to resolve the issues in dispute. In any action at law or in equity, including an action for declaratory relief, brought to enforce or interpret provisions of this Agreement, each party shall bear its own costs, including attorney's fees. Page - 3 EXHIBIT A -- General Terms and Conditions for Automated Records Management Services G. Unless otherwise expressly waived in writing by the parties hereto, any action brought to enforce any of the provisions hereof or for declaratory relief hereafter shall be filed and remain in a Court of competent jurisdiction in the County of Marin, State of California. The laws of the State of California shall govern this Agreement and, all matters relating to it. H. Each individual executing this Agreement on behalf of their public agency represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the public agency in accordance with a duly adopted resolution or minute order ,of the Governing body of said public agency in accordance with the laws of the State of California. AGENCY shall deliver to COUNTY a certified copy of a resolution or minute order of AGENCY governing body authorizing and ratifying the execution of this agreement. COUNTY shall within thirty (30) days of the receipt of the AGENCY governing body resolution or minute order deliver to AGENCY a certified copy of a resolution of the Board of Supervisors authorizing or ratifying the execution of this Agreement. I. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested. and shall be deposited in the United States Mail with postage thereon fully prepaid, and addressed to the party to be served as follows: If to COUNTY: Board of Supervisors, County of Marin Civic Center, Room 315 3501 Civic Center Drive San Rafael, CA 94903 and to: Sheriff, County of Marin Civic Center, Room 145 3501 Civic Center Drive San Rafael, CA 94903 If to AGENCY: Town Council, Town of Tibufon 1505 Tiburon Blvd. Tiburon, CA 94920 and to: Chief of Police, Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 Each party shall provide the other with telephone and written notice of any change of address as soon as practicable. Notices given by personal delivery shall be effective immediately. J. Indemnification 1. AGENCY agrees to defend, indemnify, hold harmless and release COUNTY, its Board of Supervisors, and the officers, agents, and employees of COUNTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including AGENCY, arising out of or in connection with the activities of AGENCY, its governing body, the officers, agents, and employees of AGENCY pursuant to this Agreement whether or not there is concurrent negligence on the part of COUNTY but excluding liability due to the sole active negligence or sole willful misconduct of COUNTY. This indemnification obligation is not limited in any way by any limitation on Page - 4 EXHIBIT A -- General Terms and Conditions for Automated Records Management Services the amount or type of damages or compensation payable to or for AGENCY or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts. 2. COUNTY agrees to defend, indemnify, hold harmless, and release AGENCY, its governing body, and the officers, agents, and employees of AGENCY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including COUNTY, arising out of or in connection with the activities of COUNTY, its Board of Supervisors, the officers, agents, and employees of COUNTY pursuant to this Agreement whether or not there is concurrent negligence on the part of the AGENCY but excluding liability due to the sole active negligence or sole willful misconduct of AGENCY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for COUNTY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. Page - 5 EXHIBIT A -- General Terms and Conditions for Automated Records Management Services K. RESPONSIBLE PARTIES A. Countv of Marin 499-7250 499-7250 499-6380 499-3758 507-4126 507-4126 507-4126 507-4216 B. (Fill in City) r :alie1~~i r~_~Wi\llI~i~li~~umj~tilMll~M '1~~ijilWfil.EiJridtii)n~:rJIW~iffl]l!!;~ ~illlnreteDnam~~~i ~lm~~i~lii6.~'iur~~ fl!lt~*~~*~~j\\~$l1~H~I\li*Ema'il~Wb~~\~fl~nj~!i\yj~~Ji!lr%lll~tt; Matthew Odetto Chief of Police Deoartment Head Page - 6 MASTER SUPPORT AGREEMENT This Master Support Agreement (this "Agreement") is entered into this day of " 2006 (the "Effective Date"), by and between Marin County (the "Client") and CompuDyne - Public Safety & Justice, Inc., a Virginia corporation having its primary place of business at 39350 Civic Center Drive, Fremont, California 94538 ("CompuDyne"). WHEREAS, the Client has determined that it desires to obtain from CompuDyne certain support services relating to a computer automated system previously developed and implemented by CompuDyne for the Client; and WHEREAS, CompuDyne is qualified to provide the support services specified in this Agreement and, subject to the terms and conditions set forth in this Agreement, CompuDyne desires to provide such support services; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Client and CompuDyne hereby agree as follows: 1. Definitions Capitalized terms used herein and in any exhibit hereto shall have the definitions set forth on Exhibit 1 attached hereto and incorporated herein by this reference, unless otherwise defined herein. 2. Scope of Work 2.1. Basic Support. Subject to the terms and conditions set forth in this Agreement, CompuDyne shall provide the following support for the Covered Applications ("Basic Support"). (a) Application Errors. CompuDyne will correct any Error in any of the Covered Applications discovered by the Client during the term of this Agreement, provided (a) the Client provides all information regarding such Error that may be requested by CompuDyne in accordance with Section 5.1 hereof [Technical Service Requests], (b) such Error is reproduced by the Client in accordance with Section 5.4 hereof [Error Reproduction], and (c) the Client has provided CompuDyne with remote access to the System as required under Section 5.2 hereof [Remote Access]. (b) Customer Support Center. CompuDyne will provide toll-free telephone support for routine operational and technical assistance. Support for Priority One Calls relating to CompuDyne's Records Management System's (RMS) software application, Correctional Management Systems (CMS) software application and Automated Reporting System's (ARS) software application shall be available twenty four hours a day, seven days a week. Support for all other calls will be available during CompuDyne's normal support hours of 8:00 a.m. to 5:30 p.m. local time (not including weekends andCompuDyne holidays. CompuDyne reserves the right, with Client's prior approval, to charge mutually agreeable time and material call out fees for any call received other than during CompuDyne's normal support hours. (c) Account Manager. CompuDyne will designate, in a written notice delivered in accordance with Section 24 hereof [Notices], a single individual to act as the account manager for purposes of coordinating technical support as set forth herein (the "Account Manager"). The Account Manager shall ensure CompuDyne's compliance with, and shall coordinate appropriate schedules in connection with, its obligations set forth herein. CompuDyne may change the individual designated hereunder by providing the Client with advance written notice delivered in accordance with Section 23 hereof [Notices] designating the new individual authorized to act as the Account Manager. EXHIBIT B - RMS Master Support Agreement (d) Status Reports. CompuDyne will provide the Client with a monthly status report (a "Monthly Status Report") which is delivered to the Client on site, unless waived by the Client. Each Monthly Status Report will include a summary of site activity and a summary of requests by the Client for technical services delivered in accordance with Section 5.1 hereof [Technical Service Requests]. Each Monthly Status Report will be delivered to the Client in accordance with the notice provisions set forth in Section 24 hereof [Notices]. (e) Back-Ups. Subject to the Client's obligations under Section 5.5 hereof [Maintenance and Back-Ups], CompuDyne will (a) provide and maintain automated back-up scripts, (b) review on a monthly basis back-up logs to insure required back-ups are being successfully completed; and (c) subject to the Client's obligations under Section 5.5 hereof [Maintenance and Back-Ups], test the back-up procedure on a monthly basis by mounting back-up tapes of a specific date for examination. (f) Interface Updates. CompuDyne will provide updates to the National Crime . Information Center interface and related Documentation, including all existing screen formats developed and currently supported by CompuDyne, for all legal requirements or modifications mandated by the National Crime Information Center, when such requirements or modifications require a modification to the Source Code relating to any Covered Application and are necessary for the proper performance of the Covered Applications. Changes mandated or offered by any state, county, city or municipal governmental entity as well as changes to the National Crime Information Center protocols are outside the scope of this section. (g) Operations Review. So long as the Client's annual fees hereunder exceed Seventy Five Thousand Dollars ($75,000) in the aggregate, CompuDyne will visit the Client's facilities at least annually to meet with management, operations and other Client personnel to conduct an operations review of the Covered Applications and the System and an analysis of the Client's automation requirements. A report will be produced to include observations and recommendations regarding the Client's use of the Covered Applications and the System. CompuDyne will work with the Client to document this review in the form of a multi-year automation plan. (h) Updated Forms, Reports and Data Fields. CompuDyne will provide MCSO application and interface updates to any State or Federal forms that impact the operation of any CompuDyne application, either directly or via interface, including California Highway Patrol (CHP) forms, and other State or Federal Department of Justice or Department of Corrections forms. 2.2. Additional Support Options. In addition to Basic Support, the Client may purchase additional support options, such as Advanced Database Support, Advanced System Support, Advanced Network Support and other services that may, from time to time, be offered by CompuDyne (each, an "Additional Support Option"). The Client may request information regarding the Additional Support Options currently available from the CompuDyne Account Manager. The terms and conditions for each Additional Support Option shall be set forth in a separate exhibit which, upon payment of the required quarterly fee for such Additional Support Option, shall automatically become part of this Agreement and shall be subject to the terms hereof. The Client may discontinue any Additional Support Option by providing CompuDyne at least ninety (90) calendar days prior written notice identifying the Additional Support Option to be discontinued; provided, however, that such discontinuance shall not be effective until the next occurring Payment Date. 2.3. Enhancements. From time to time, the Client may request CompuDyne to provide under this Agreement services and materials to furnish, install and implement an Enhancement. The installation and implementation of such Enhancement shall be provided, at CompuDyne's option, on a fixed-quote basis with payment milestones or on a time and material basis at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. No Enhancement shall be provided under this Agreement unless (a) this Agreement is amended as necessary or appropriate to include the Enhancement Terms relating to the Enhancement; (b) the Enhancement Terms are attached to this Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 2 Master Support Agreement EXHIBIT B - RMS Master Support Agreement Agreement as a new exhibit and, except as specifically set forth therein, are subject to the terms hereof; (c) the Enhancement Terms include terms regarding final acceptance of the Enhancement; (d) the Enhancement Terms provide that, upon final accept~nce of the Enhancement, Exhibit 2 to this Agreement shall be amended to include the Enhancement as a Covered Application subject to the Client's payment of any necessary additional support fees relating to the Enhancement; and (e) the Enhancement Terms provide that, upon final acceptance of such Enhancement, the Software License Agreement shall be amended as necessary or appropriate to grant to the Client the appropriate rights to use the Enhancement, subject to payment in full of all amounts due under the Enhancement Terms. 2.4. Out of Scope Services. From time to time, the Client may request CompuDyne to provide under this Agreement certain Out of Scope Services. CompuDyne shall be under no firm obligation to perform any Out of Scope Services, but shall undertake to make a good faith effort to perform such services to the extent that it is capable of doing so without substantially interfering with its other obligations under this Agreement or with its obligations to its other customers. Any Out of Scope Services shall be provided, at CompuDyne's option, on a fixed-quote basis with payment milestones or on a time and material basis at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 3. Term The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated in accordance with its terms. 4. Fees and Payment 4.1. Quarterly Support Fees (a) Basic Support. The Client shall pay a quarterly fee for Basic Support for each of the Covered Applications. The amount of such quarterly fee shall be set forth on Exhibit 2 attached hereto and incorporated herein by this reference and shall be paid in advance on or prior to the expiration of any Warranty Period applicable to such Covered Application and, thereafter, on each Payment Date during the term of this Agreement. (b) General TSR Resolution. If any Priority 1, 2 or 3 TSRs remain in an "open" or "reopen" status (excludes un-reproducible errors and TSRs in "test request" status) at the time the client's quarterly maintenance fee comes due, the client will not be responsible for the quarterly maintenance fee until such time that all unresolved error"reports are resolved in accordance with the functional specification document, providing that the outstanding TSRs in question were reported to CompuDyne, Inc. 30 days or more prior to the quarterly maintenance fee coming due. If an error is reported within the 30 day time period prior to the quarterly maintenance fee coming due, it will be considered to have occurred in the following quarter and subject to the time frame listed in this section. Example: If on January 1 st the client has Priority 1, 2 or 3 TSRs that meet these criteria and these TSRs are not fixed until January 31 S\ the client will only be charged maintenance for February and March during that quarter. Once per quarter, CompuDyne's Customer Support Center Manager and the Western Region Vice President will attend the monthly status meeting held by CompuDyne's Account Manager with the client to ensure that emphasis is placed on resolution of the client's TSRs at the highest levels of the Company. This meeting, held to review the monthly status report, will be held either at client or CompuDyne facilities as determined by the client. (c) Priority 1 Error Correction. CompuDyne's Customer Support Center will Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 3 Master Support Agreement EXHIBIT B - RMS Master Support Agreement commence diagnostic/problem resolution activities immediately upon its receipt of a Priority 1 Error report. CompuDyne will respond with as many qualified and knowledgeable representatives as necessary immediately after notification by the Client to remedy a Priority 1 Error. CompuDyne's representatives will furnish uninterrupted, continuous efforts or a plan acceptable to the Client to remedy the Priority 1 Error on an emergency basis. During this time, CompuDyne's representatives will provide status reports to the Client's Technical Coordinator until the Priority 1 Error is remedied. If the Priority 1 Error is not remedied within twenty-four (24) hours of its initial report, CompuDyne will take all measures necessary to restore the System or the major subsystem to operation, including sending technical support personnel to the Client's installation site(s) immediately [if deemed necessary and/or appropriate by CompuDyne], and any other actions necessary to return the System or a major subsystem to service as quickly as is practicable. (d) Additional Support Options. The Client shall pay an annual or quarterly fee for any requested Additional Support Options. The amount of such annual or quarterly fee shall be set forth on the exhibit pertaining to such Additional Support Option and shall be paid on or prior to the commencement of any services relating to such Additional Support Option and, thereafter, on each Payment Date during th-e term of this Agreement unless such Additional Support Option has been discontinued in accordance with Section 2.2 hereof [Additional Support Options]. 4.2. Annual Adjustments. The fees payable pursuant to Section 4.1 hereof [Annual Support Fees] will be increased on an annual basis by no more than five percent (5%). Any such increase shall become effective on the next occurring Payment Date. 4.3. Invoices. Invoices for the annual or quarterly fees required pursuant to Section 4.1 hereof [Quarterly Support Fees] shall be payable on or prior to each Payment Date during the term of this Agreement. All other invoices issued hereunder shall be payable within thirty (30) days of receipt unless otherwise specifically provided therein. 4.4. Consequences of Late Payment. Failure to pay any amount owing hereunder when such amount - is due, notwithstanding the provisions identified in Section 4.1 (b), shall constitute a material default under this Agreement and could result in the termination of this Agreement or all or part of the Basic Support or any Additional Support Option. The Client shall reimburse CompuDyne for all collection fees, including reasonable attorneys' fees and expenses, incurred by CompuDyne in connection with the collection of any amount owing hereunder. CompuDyne reserves the right to charge the Client an administrative fee to reinstate any part of its support that has lapsed due to nonpayment. The administrative fee shall equal ten percent (10%) of the then-current annual support fee for the lapsed support. 5. Client Responsibilities 5.1. Technical Service Requests. The Client shall provide all information requested by CompuDyne necessary to complete its Technical Service Request Form for each request for technical services, whether under this Agreement or otherwise. 5.2. Remote Access. The Client shall install and monitor during the term of this Agreement a dial- up modem and any other networking equipment specified by CompuDyne to provide CompuDyne remote access to the System. CompuDyne shall not be responsible for any costs relating to the installation, maintenance and use of such equipment and all associated telephone use charges. CompuDyne shall use the data connection solely in connection with the provision of its services hereunder. The Client shall run appropriate tests following each remote access as requested by CompuDyne, subject to prior notification of such requirement. If the Client fails to run necessary tests as required in this Section 5.2, CompuDyne will notify the Client that it is going to provide such services and identify any consequential charges to the Client, in advance of performing them. . 5.3. Physical Access. The Client shall provide CompuDyne with physical access to the System at any time during normal business hours, subject to County authorization. After normal business hours, the Client Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 4 Master Support Agreement EXHIBIT B - RMS Master Support Agreement shall ensure that one of the Technical Support Coordinators designated under Section 5.11 hereof [Technical Support Coordinators] can be reached by phone or pager to (a) provide physical access to the System within two (2) hours of CompuDyne's request for such access, and (b) remain on-site until CompuDyne determines that there is no longer a need for physical access. 5.4. Error Reproduction. Upon detection of any Error in any of the Covered Applications, the Client shall provide CompuDyne a listing of output and any other data, including databases and back-up systems, that CompuDyne may reasonably request in order to reproduce operating conditions similar to those present when the Error occurred. 5.5. Maintenance and Back-Ups. The Client shall ensure that maintenance and back-up activities relating to the Covered Applications and the System, including without limitation backing up databases and journal logs, purging out of date records and running reports and performing diagnostics as requested by CompuDyne, are carried out in accordance with the schedule and methodology specified on Exhibit 6 attached hereto and incorporated herein by this reference. 5.6. Data Input. The Client shall update and maintain the input data as may be required by CompuDyne for satisfactory operation of the Covered Applications, and be responsible for the accuracy of all Client-provided data. 5.7. Third-Party Product Support. The Client shall obtain and maintain in effect during the term of this Agreement the technical support contracts for certain Third-Party Products as specified on Exhibit 4 attached hereto and incorporated herein by this reference, and shall ensure that, in addition to authorizing the Client to request support services thereunder, each such support contract also expressly authorizes CompuDyne to request support services thereunder on the Client's behalf. 5.8. System Security. The Client shall ensure that the security of the System conforms in all respects to the state-mandated law enforcement telecommunications requirements. The Client shall ensure that no workstations have access to the Covered Applications other than those licensed by CompuDyne to access the Covered Applications and that such access is limited to only those TCP/IP addresses and TCP/IP service ports identified by CompuDyne required to support such workstations. 5.9. System Modifications. The Client shall ensure that, with respect to each Covered Application, such Covered Application is installed only on the Authorized Server and only at the Authorized Site. The Client shall ensure that each Authorized Site conforms in all respects to the Site Specifications set forth on Exhibit 5 attached hereto and incorporated herein by this reference (the "Site Specifications"). The Client shall ensure that no changes or other alterations or modifications are made to the System Configuration without the express prior written consent of CompuDyne; provided, however, that this requirement is not intended to constitute in any manner CompuDyne's approval, certification, endorsement or warranty of the System Configuration. 5.10. Authorized Client Representative. The Client shall designate, in a written notice delivered in accordance with Section 24 hereof [Notices], a single individual to act as the Client's authorized representative for purposes of this Agreement (the "Client Representative"). Such individual (a) must be authorized to act on the Client's behalf with respect to all matters relating to this Agreement; (b) shall ensure the Client's compliance with its responsibilities under this Agreement; and (c) shall coordinate appropriate schedules in connection with CompuDyne's services under this Agreement. The Client may change the individual designated hereunder by providing CompuDyne advance written notice delivered in accordance with Section 24 hereof [Notices] designating the new individual authorized to act as the Client Representative. 5.11. Technical Support Coordinators. The Client shall designate, in a written notice delivered in accordance with Section 24 hereof [Notices], one or more individuals to act as the Client's technical support coordinator (a "Technical Support Coordinator"). The Client shall ensure that each Technical Support Coordinator designated hereunder shall have received the training required under Section 5.12 hereof [Training] and shall otherwise be familiar with the Covered Applications and the System. The Client shall ensure that, at all times, a Technical Support Coordinator is available (a) to screen operational assistance calls and handle Updated 091603 @'2002 CompuDyne, Inc. All rights reserved. Page 5 Master Support Agreement EXHIBIT B - RMS Master Support Agreement operational problems, where appropriate; (b) to provide access to the System as required under Section 5.3 hereof [Physical Access]; (c) to provide on-site technical assistance as required by CompuDyne to aid CompuDyne in performing its services hereunder; and (d) to review all Monthly Status Reports delivered hereunder and, if required, provide CompuDyne with required direction regarding recommended preventative maintenance activities. The Client may change any individual designated hereunder by providing CompuDyne with advance written notice delivered in accordance with Section 24 hereof [Notices] designating the new individual authorized to act as a Technical Support Coordinator. 5.12. Training. The Client shall ensure that all Technical Support Coordinators and other personnel have received the training specified on Exhibit 3 attached hereto and incorporated herein by this reference, and otherwise maintain sufficient personnel with sufficient training and experience to perform its obligations under this Agreement. 5.13. Operations Review. The Client shall meet with CompuDyne as may be reasonably requested to discuss operational issues and the status of the Covered Applications and the other components of the System, and as required to provide timely responses to issues identified by CompuDyne related to maintenance of the Covered Applications or the other components of the System. The Client shall ensure that key personnel designated by CompuDyne participate in the operations review process. 6. Exclusions 6.1. Failure to Observe Obligations. Basic Support provided hereunder is expressly conditioned on the observance of the responsibilities of the Client set forth in Section 5 hereof [Client Responsibilities] and in the Software License Agreement. Any Additional Support Option provided hereunder is expressly conditioned on the observance of the responsibilities of the Client set forth in Section 5 hereof [Client Responsibilities], in the Software License Agreement and in the exhibit pertaining to such Additional Support Option. 6.2. Erroneous Reported Problems. If CompuDyne performs diagnosis of erroneously reported problems, with client authorization, the Client will be charged for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.3. Failure of Remote Access. If the Client fails for any reason to provide remote access to the System as required by Section 5.2 hereof [Remote Access], CompuDyne will, at the Client's request, provide on-site services to correct an Error to the extent otherwise required hereunder and will charge the Client for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.4. Unauthorized Modifications. CompuDyne is under no obligation to correct any Error in any of the Covered Applications if the Error is due to a modification or alteration to such Covered Application in violation of the terms of the Software License Agreement or relates to any portion of such Covered Application that has been affected by software not developed or installed by CompuDyne. CompuDyne is under no obligation to correct any problems caused by any modification or alteration to any component of the System or to the System Configuration in violation of the terms of this Agreement or caused by software or hardware not developed and installed by CompuDyne. If requested by the Client, CompuDyne will provide technical support services to resolve such problems pursuant to Section 2.4 hereof [Out of Scope Services] and will charge the Client for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.5. Unauthorized Use. CompuDyne is under no obligation to correct any Error in any of the Covered Applications or any problems with any other component of the System if such Error or other problem is caused by (a) accident, neglect, misuse or abuse on the part of any party other than CompuDyne; (b) is due to exposure to conditions outside the range of the environmental, power and operating specifications provided by CompuDyne in the Site Specifications delivered pursuant to Section 5.9 hereof [System Modifications]; or (c) use of any of the Covered Applications or any other component of the System for any purpose other than that for which it was originally acquired. If requested by the Client, CompuDyne will Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 6 Master Support Agreement EXHIBIT B - RMS Master Support Agreement provide technical support services to resolve such problems pursuant to Section 2.4 hereof [Out of Scope Services] and will charge the Client for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.6. Third-Party Products. CompuDyne shall have no responsibility for correcting or resolving any errors, defects or failures in any Third-Party Products. CompuDyne's only obligation with respect to such Third-Party Products is to assist with the coordination of support services with the appropriate third-party vendor to the extent such support services are available to the Client. 6.7. Third-Party Product Compatibility. CompuDyne shall have no responsibility for any Third- Party Product provided and installed on or integrated into the System by any party other than CompuDyne without CompuDyne's prior written authorization, including but not limited to responsibility for the installation and integration of any such Third-Party Products, the condition, operation and performance of any such Third-Party Products, the compatibility of any such Third-Party Products with the Covered Applications, and any impact any such Third-Party Products have on the overall operation or performance of any of the Covered Applications or any other component of the System. If requested by the Client, CompuDyne will provide technical support services pursuant to Section 2.4 hereof [Out of Scope Services] to resolve any operation or performance problems relating to any of the Covered Applications or any other component of the System caused by any such Third-Party Products or to assist with the integration of any such Third-Party . Products with or into any of the Covered Applications or any other component of the System. CompuDyne will charge the Client for any such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.8. General Disclaimer. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, COMPUDYNE DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY OF THE COVERED APPLICATIONS OR ANY OTHER COMPONENT OF THE SYSTEM, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. 7. Protection of Confidential and Proprietary Information 7.1. All Client Confidential Information shall be held in strict confidence by CompuDyne, and CompuDyne shall not, without the Client's prior written consent, disclose such information to any person or entity other than to CompuDyne's employees or consultants legally bound to abide by the terms hereof and having a need to know such information in c~mnection with CompuDyne's performance of the services hereunder, or use such information other than in connection with the performance of the services hereunder. The term "Client Confidential Information" shall include all Client data and other written information of a confidential nature clearly labeled by the Client as being confidential. CompuDyne understands and agrees that the unauthorized use or disclosure of Client Confidentia'.lnformation may irreparably damage the Client. In the event of CompuDyne's breach or threatened breach of any of the provisions in this Section 7.1, the Client shall be entitled to an injunction obtained from any court having appropriate jurisdiction restraining CompuDyne from any unauthorized use or disclosure of any Client Confidential Information. 7.2. All CompuDyne Confidential Information shall be held in strict confidence by the Client, and the Client shall not, without CompuDyne's prior written consent, disclose such information to any person or entity other than to the Client's employees or consultants legally bound to abide by the terms hereof and having a need to know such information in connection with the Client's performance of its obligations hereunder, or use such information other than in connection with the performance of its obligations hereunder. The term "CompuDyne Confidential Information" shall include the Covered Applications and all other CompuDyne software applications, whether or not licensed to the Client, as well as any written information disclosed by CompuDyne to the Client under this Agreement, including, but not limited to, any trade secrets, confidential knowledge, data, processes, know-how, designs, formulas, developmental or experimental work, improvements, discoveries, plans for research, new products, marketing and selling, business plans, unpublished financial statements, licenses, suppliers and customers, proprietary information Updated 091603 @ 2002 CompuDyne, Inc. All rights reseNed. Page 7 Master Support Agreement EXHIBIT B - RMS Master Support Agreement of CompuDyne's customers, and information regarding the compensation of CompuDyne's employees or other consultants. The Client understands and agrees that the CompuDyne Confidential Information constitutes a valuable business asset of CompuDyne, the unauthorized use or disclosure of which may irreparably damage CompuDyne. In the event of the Client's breach or threatened breach of any of the provisions in this Section 7.2, CompuDyne shall be entitled to an injunction obtained from any court having appropriate jurisdiction restraining the Client from any unauthorized use or disclosure of any CompuDyne Confidential Information. 7.3. Notwithstanding Section 7.1 or Section 7.2 hereof, neither Client Confidential Information nor CompuDyne Confidential Information shall include information which the recipient can demonstrate by competent written proof (a) is now, or hereafter becomes, through no act or failure to act on the part of the recipient, generally known or available or otherwise part of the public domain; (b) is rightfully known by the recipient without restriction on use prior to its first receipt of such information from the disclosing party as evidenced by its records; (c) is hereafter furnished to the recipient by a third party authorized to furnish the information to the recipient, as a matter of right and without restriction on disclosure; or (d) is the subject of a written permission by the disclosing party to disclose. 7.4. Notwithstanding Section 7.1 or Section 7.2 hereof, or any other provision hereof, disclosure of Client Confidential Information or CompuDyne Confidential Information shall not be precluded if: (a) such disclosure is in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof; provided, however, that the recipient of such confidential information shall first have given notice to the other party and shall have made a reasonable effort to obtain a protective order requiring that the information to be disclosed be used only for the purposes for which the order was issued; (b) such disclosure is necessary to establish rights or enforce obligations under this Agreement, but only to the extent that any such disclosure is necessary; or (c) the recipient of such confidential information received the prior written consent to such disclosure from the disclosing party, but only to the extent permitted in such consent. 7.5. The obligations hereunder with respect to each item of Client Confidential Information and CompuDyne Confidential Information shall survive the termination of this Agreement. 8. Insurance The COQtractor shall not commence work under this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the County. The Contractor shall furnish the County with Certificates of Insurance evidencing the required coverage and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These Certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to County of any pending change in the limits of liability or of non-renewal, cancellation, or modification of the policy. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or cancelled, the County of Marin at its option, any, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. 8.1 Workers' Compensation and Employer Liability Insurance. The Contractor shall have in effect, during the entire life of this Agreement, Workers' Compensation and Employer Liability Insurance Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 8 Master Support Agreement EXHIBIT B - RMS Master Support Agreement providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: CompuDyne is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and CompuDyne will comply with such provisions before commencing the performance of this work of the Agreement. 8.2 Liability Insurance. The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all operations under this Agreement, whether such operations be by himself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below. Such insurance shall include: (1) Commercial General Liability: $1,000,000 each occurrence, $2,000,000 General Aggregate. (2) Motor Vehicle Liability Insurance: $1,000,000. (3) Professional Liability/Errors and Omissions: $2,000,000. (4) Excess Liability: $10,000,000 Each Occurrence, $10,000,000 Aggregate. If this Agreement remains in effect more than one (1) year from the date of its original execution, County may, at its sole discretion, require an increase in the amount of liability insurance to the level then customary in similar County Agreements by giving sixty (60) days notice to Contractor; provided, however, that County may not exercise this right unreasonably and provided further that CompuDyne reserves the right to invoice the County for any increases in premiums incurred by CompuDyne as a result of any increased coverage requested by the County pursuant to this provision. The County and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, with respect to any vicarious -liability imposed on them on account of the negligence of the Contractor which policies shall contain a provision or endorsement that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the limits stated above, such other insurance shall be excess insurance only. 9. Indemnification and Limitation of Liability Indemnification and Hold Harmless. Contractor agrees to indemnify, defend, and hold County harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees which it may incur as a direct result of the Contractor's performance of the services under this Agreement and from any and all claims and losses to anyone who may be injured or-damaged by reason of Contractor's willful misconduct or negligent performance of this Agreement, or the malfeasance of Contractor's personnel performing services under this Agreement. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR LOSS OR DAMAGES RELATED TO THE OPERATION, DELAY OR FAILURE OF SOFTWARE OR EQUIPMENT PROVIDED BY THE CONTRACTOR OR FOR THE ACCURACY OR COMPLETENESS OF DATA. Limitation of Liability. CompuDyne's liability for any claim, whether in tort, contract or otherwise, shall be limited to TWICE the annual maintenance fees paid hereunder for the period in which the cause of action occu rred. Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 9 Master Support Agreement EXHIBIT B - RMS Master Support Agreement IN NO EVENT SHALL COMPUDYNE BE LIABLE TO ANY PARTY FOR LOSS OR DAMAGES DUE TO ERRORS IN ANY OF THE COMPUDYNE APPLICATIONS, OPERATOR ERROR, ORDATA CORRUPTION OR INACCURACIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES, RESULTING FROM LOSS OF PROFIT OR BUSINESS. COMPUDYNE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN AN ACTION OF CONTRACT, TORT OR OTHER LEGAL THEORY AND REGARDLESS OF WHETHER EITHER PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THE INSURANCE COVERAGES CARRIED IN ACCORDANCE WITH SECTION 8 OF THIS AGREEMENT WILL COVER SUCH DAMAGES. HOWEVER, THE LAWS IN SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATION OR EXCLUSION SHALL BE CONSTRUED SO AS TO GIVE IT THE MAXIMUM PRACTICAL EFFECT WITHOUT VIOLATING SUCH LAWS. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT RELEVANT LAWS IN FORCE MAY IMPLY WARRANTIES AND LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED OR WHICH CAN ONLY PARTLY BE EXCLUDED OR LIMITED, THEN THE LIMITS ON COMPUDYNE'S LIABILITY SET OUT IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 10. Informal Dispute Resolution 10.1. The parties to this Agreement shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this Agreement in accordance with the provisions set forth in this Section 10.1. (a) If either party (the "Disputing Party") disputes any provision of this Agreement, or the interpretation thereof, or any conduct by the other party under this Agreement, that party shall bring the matter to the attention of the other party at the earliest possible time in order to resolve such dispute. (b) If such dispute is not resolved by the Account Manager and the Technical Coordinators responsible for the subject matter of the dispute within ten (10) business days, the Disputing Party shall deliver to the first level of representatives below a written statement (a "Dispute Notice") describing the dispute in detail, including any time commitment and any fees or other costs involved. (c) Receipt by the first level of representatives of a Dispute Notice shall commence a time period within which the respective representatives must exercise their best, effort to resolve the dispute. If the respective representatives cannot resolve the dispute within the given time period, the dispute shall be escalated to the next higher level of representatives in the sequence as set forth below. (d) If the parties are unable to resolve the dispute in accordance with the escalation procedures'set forth below, the parties may assert their rights under this Agre'ement. Escalation Timetable (Business Davs) o to 5th CompuDyne Representative 'Client Representative Operations Manager Captain 6th to 10th Division Manager Undersheriff 11 th to 1 5th Executive Officer Sheriff Updated 091603 @ 2002 CompuDyne, Inc, All rights reserved, Page 10 Master Support Agreement EXHIBIT B - RMS Master Support Agreement 10.2. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with the informal dispute resolution procedures set forth in Section 10.1 hereof, the parties agree to continue without delay all their respective responsibilities under this Agreement that are not affected by the dispute. . 10.3. In the event that the parties are unable to resolve a dispute by complying with the informal dispute resolutions procedures set forth in Section 10.1 hereof, the dispute shall be settled by arbitration in accordance with Section 16 hereof [Arbitration]. 10.4. Notwithstanding the foregoing, either party may, before or during the exercise of the informal dispute resolution procedures set forth in Section 10.1, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of such informal dispute resolution procedures. 11. Termination 11.1. Termination for Failure of License. In the event that the license relating to any of the Covered Applications is terminated or becomes unenforceable for any reason, CompuDyne's obligation to provide any support hereunder for such Covered Application shall immediately and automatically terminate. 11.2. Termination for Payment Defaults. In the event that the Client fails to pay when due all or any portion of the annual fees required under Section 4.1 hereof [Quarterly Support Fees], CompuDyne may immediately, and without further notice to the Client, terminate this Agreement or suspend all or any portion of the services hereunder for all or any portion of the Covered Applications until the Client's account is brought current, subject to the limitations identified in Section 4.1 (b). 11.3. Termination for Other Defaults. Subject to completion of the dispute resolution procedures set forth in Section 10.1 hereof [Informal Dispute Resolution], in the event that either party hereto materially defaults in the performance of any of its obligations hereunder (other than payment defaults covered under Section 11.2 hereof), the other party may, at its option, terminate this Agreement, by providing the defaulting party thirty (30) days' prior written notice of termination delivered in accordance with Section 24 hereof [Notices], which notice shall identify and describe with specificity the basis for such termination. If, prior to the expiration of such notice period, the defaulting party cures such default to the satisfaction of the non-defaulting party within thirty (30) days (as evidenced by written notice delivered by the non-defaulting party in accordance with Section 24 hereof), termination shall not take place. 11.4. Termination Without Cause. Either party hereto may terminate this Agreement without cause by providing the other party at least ninety (90) days' prior written notice of termination delivered in accordance with Section 24 hereof [Notices]. The effective date for any termination pursuant to this Section 11.4 shall be the next occurring Payment Date. 11.5. Consequences of Termination. Upon termination of this Agreement for whatever reason, (a) CompuDyne shall be under no further obligation to provide support or any other services hereunder; (b) CompuDyne shall return to the Client all Client Confideritia', Information in CompuDyne's possession and shall certify in a written document signed by an officer of CompuDyne that all such information has been returned; (c) the Client shall return to CompuDyne all CompuDyne Confidential Information (as defined in Section 7.2) in the Client's possession and shall certify in a written document signed by the Client Representative identified in Section 5.10 hereof [Authorized Client Representative] that all such information has been returned. All provisions of this Agreement that by their nature would reasonably be expected to continue after the termination of this Agreement shall survive the termination of this Agreement. In the event of a Termination Without Cause that is initiated by CompuDyne, CompuDyne will refund the Client an amount equal to the prorated value of the fees paid at the start of the current quarter. Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 11 Master Support Agreement EXHIBIT B - RMS Master Support Agreement 12. Independent Contractor Status The Client and CompuDyne are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties hereto. Neither party shall have any authority to enter into agreements of any kind on behalf of the other and shall have no power or authority to bind or obligate the other in any manner to any third party. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Each party hereto represents that it is acting on its own behalf and is not acting as an agent for or on behalf of any third party. 13. Assignment Neither party hereto may assign its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that CompuDyne may assign this Agreement to its successor in connection with a sale of its business without obtaining consent of any party. Subject to the foregoing, each and every covenant, term, provision and agreement contained in this Agreement shall be binding upon and inure to the benefit of the parties' permitted successors, executors, representatives, administrators and assigns. 14. No Third Party Beneficiaries This Agreement is entered into for the sole benefit of the Client and CompuDyne and, where permitted above, their permitted successors, executors, representatives, administrators and assigns. Nothing in this Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this Agreement. 15. Governing Law All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Agreement shall in all respects be governed by and determined in accordance with the laws of the State of California without giving effect to the choice of law principles thereof. The United Nations Convention on the International Sale of Goods shall not apply to any transactions contemplated by this Agreement. 16. Venue All legal proceedings brought in connection with this Agreement may only be brought in a state or federal court located in the State of California. Each party hereby agrees to submit to the personal jurisdiction of those courts for any lawsuits filed there against such party arising under or in connection with this Agreement. 17. Advice of Counsel Each party hereto has been afforded the opportunity to consult with counsel of its choice before entering into this Agreement. 18. Amendment No amendment or other modification of this Agreement shall be valid unless pursuant to a written instrument referencing this Agreement signed by duly authorized representatives of each of the parties hereto. Updated 091603 @ 2002 CompuDyne. Inc. All rights reserved. Page 12 Master Support Agreement EXHIBIT B - RMS Master Support Agreement 19. Waiver In order to be effective, any waiver of any right, benefit or power hereunder must be in writing and signed by an authorized representative of the party against whom enforcement of such waiver would be sought, it being intended that the conduct or failure to act of either party shall imply no waiver. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement. No waiver of any right, benefit or power hereunder on a specific occasion shall be applicable to any facts or circumstances other than the facts and circumstances specifically addressed by such waiver or to any future events, even if such future events involve facts and circumstances substantially similar to those specifically addressed by such waiver. No waiver of any right, benefit or power hereunder shall constitute, or be deemed to constitute, a waiver of any other right, benefit or power hereunder. Unless otherwise specifically set forth herein, neither party shall be required to give notice to the other party, or to any other third party, to enforce strict adherence to all terms of this Agreement. 20. Force Majeure Neither party will be liable for any failure or delay in the performance of its obligations under this Agreement (and the failure or delay will not be deemed a default of this Agreement or grounds for termination) if both of the following conditions are satisfied: (1) the failure or delay could not have been prevented by reasonable precautions, and cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and (2) the failure or delay is caused, directly or indirectly, by reason of fire or other casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power or supplies; war, terrorism or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency or intergovernmental body other than a party hereto; or any other act or condition beyond the reasonable control of the non-performing party. Upon the occurrence of an event which satisfies both of the above conditions (a "Force Majeure Event"), the non- performing party will be excused from any further performance of those obligations under this Agreement affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the non- performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. Upon the occurrence of a Force Majeure Event, the non- performing party will immediately notify the other party by telephone (to be confirmed by written notice within two (2) business days of the failure or delay) of the occurrence of a Force Majeure Event and will describe in reasonable detail the nature of the Force Majeure Event. 21. Severability If any provision of this Agreement shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall remain in full force and effect. 22. Entire Agreement This Agreement sets forth the understanding between CompuDyne and the Client relating to the support of the Covered Applications and supersedes all quotes, proposals, understandings, representations, conditions, warranties, covenants and all other communications between the parties (oral or written) relating to the subject matter hereof, excluding the public safety agreement under which this exhibit resides. CompuDyne shall not be bound by any terms or conditions contained in any purchase order provided by the Client in connection with this Agreement. No affirmation, representation or warranty relating to the subject matter hereof by any employee, agent or other representative of CompuDyne shall bind CompuDyne or be enforceable by the Client unless specifically set forth in this Agreement. Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 13 Master Support Agreement EXHIBIT B - RMS Master Support Agreement 23. Notices All notices, requests, demands, or other communications required or permitted to be given hereunder shall be in writing addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered .in person; or (b) sent by facsimile transmission indicating receipt at the facsimile number where sent; or (c) one (1) business day after being deposited with a reputable overnight air courier service; or (d) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre-paid and return receipt requested. All notices and other communications regarding default or termination of this Agreement shall be delivered by hand or sent by certified mail, postage pre-paid and return receipt requested. Either party may from time to time change the notice address set forth below by delivering notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective. If to CompuDyne: CompuDyne, Inc. 39350 Civic Center Drive, Suite 100 Fremont, CA 94538 Attention: Contracts Manager Phone: 510-792-2108 Fax: 510-742-1057 If to the Client: Marin County Sheriff's Office Attention: Deputy Sheriff Jeff Carroll 3501 Civic Center Drive #145 San Rafael, CA 94903 Phone: (415) 499-3758 Fax: (415) 507-4126 24. Construction The paragraph and section headings used in this Agreement or in any exhibit hereto are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. Any term referencing time, days or period for performance shall be deemed calendar days and not business days, unless otherwise expressly provided herein. 25. Counterparts This Agreement maybe signed in two or more counterparts, each of which shall constitute an original, and both of which shall constitute one and the same document. Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 14 Master Support Agreement EXHIBIT B - RMS Master Support Agreement SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands as set forth below. Marin County By: Name: Title: Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. CompuDyne, Inc. By: Name: Title: Page 1 Master Support Agreement EXHIBIT B - RMS Master Support Agreement EXHIBIT 1 To Master Support Agreement DEFINITIONS This Exhibit is attached to, incorporated into, and forms a part of the Master Support Agreement, dated , 2006, between CompuDyne and the Client (herein referred to as the "Agreement"). Capitalized terms used in the Agreement or any exhibit thereto shall have the definitions set forth herein unless otherwise defined in the Agreement. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. 1. "Account Manager" is defined in Section 2.1 (c) [Account Manager] of the Agreement. 2. "Additional Support Option" is defined in Section 2.2 [Additional Support Options] of the Agreement. 3. "As-Built Specifications" shall mean, with respect to any of the Covered Applications, the specifications for such Covered Ap,plication delivered to the Client upon the Client's acceptance of such Covered Application, as the same may be modified or supplemented from time to time to reflect Enhancements provided hereunder. 4. "Authorized Server" shall mean, with respect to any of the Covered Applications, the server identified as corresponding to such Covered Application on Exhibit 2 attached to the Agreement and incorporated therein by reference. 5. "Authorized Site" shall mean, with respect to any of the Authorized Servers, the address and room number identified as corresponding the such Authorized Server on Exhibit 2 attached to the Agreement and incorporated therein by reference. 6. "Basic Support" is defined in Section 2.1 [Basic Support] of the Agreement. 7. "Client" is defined in the preamble to the Agreement. 8. "Client Confidential Information" is defined in Section 7.1 [Protection of Confidential and Proprietary Information] of the Agreement. 9. "Client Representative" is defined in Section 5.10 [Authorized Client Representative] of the Agreement. ' 10. "Communications Interfaces" shall mean ethernet networking, serial connectivity to net clock and ANI/All, serial connectivity to HACMP, national, state and local governments, TCP/IP or other routing statements. 11. "CompuDyne" is defined in the preamble to the Agreement. 12. "CompuDyne Confidential Information" is defined in Section 7.2 [Protection of Confidential and Proprietary Information] of the Agreement. 13. "Covered Application" shall mean each software application developed by CompuDyne in accordance with the As-Built Specifications relating thereto which application is identified as a Covered Application on Exhibit 2 attached to the Agreement and incorporated therein by reference, including all Maintenance Modifications thereto, all Derivative Works thereof, and all related Documentation. @ 2002 CompuDyne. Inc. All rights reserved. Page 1 Master Support Agreement Exhibit 1, Definition EXHIBIT B - RMS Master Support Agreement 14. "Derivative Works" shall mean, with respect to any Covered Application, any translation, abridgement, revision, modification, or other form in which such Covered Application may be recast, transformed, modified, adapted or approved after the Effective Date. 15. "Dispute Notice" is defined in Section 10.1 [Informal Dispute Resolution] of the Agreement. 16. "D.isputing Party" is defined in Section 1 0.1 [Informal Dispute Resolution] of the Agre~ment. 17. "Documentation" shall mean, with respect to any Covered Application, those printed instructions, manuals, and diagrams pertaining to and furnished with such Covered Applications. 18. "Effective Date" is defined in the preamble to the Agreement. 19. "Enhancement" shall mean, with respect to any Covered Application, a computer program modification or addition, other than a Maintenance Modification, that alters the functionality of, or adds new functions to, such Covered Application and that is integrated with such Covered Application after the Effective Date, or that is related to a given Covered Application but offered separately by CompuDyne after the Effective Date. 20. "Enhancement Terms" shall mean, with respect to any Enhancement provided pursuant to the Agreement, the mutually negotiated terms and conditions specifically relating to an Enhancement and included as part of the Agreement in accordance with Section 2.3 [Enhancements] thereof. 21. "Error" shall mean, with respect to any Covered Application, a defect in the Source Code for such Covered Application that prevents such Covered Application from functioning in substantial conformity with the As-Built Specifications pertaining thereto. 22. "Maintenance Modification" shall mean, with respect to any Covered Application, a computer software change integrated with such Covered Application during the term of the Agreement to correct any Errors therein, but that does not alter the functionality of such Covered Application or add new functions thereto. 23. "Monthly Status Report" is defined in Section 2.1 (d) [Status Reports] of the Agreement. 24. "Object Code" shall mean computer programs assembled or compiled from Source Code in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or reverse-engineering. 25. "Out of Scope Services" shall consist of any services provided under this Agreement that are outside the scope of those services specifically and expressly identified under, and provided pursuant to, Section 2,1 [Basic Support], Section 2.2 [Additional Support] or Section 2.3 [Enhancements] of the Agreement. 26. "Payment Date" shall mean the date each quarter upon which the maintenance payment is due. 27. "Priority One Call" shall mean a call requesting technical support for an Error in any Covered Application or a failure of the Authorized Server on which such Covered Application is installed that prevents continued use or operation of the System, impacts all or substantially all operators using the System, halts or severely impacts critical System operations or endangers the integrity of any database on any of the Authorized Servers. The term Priority One Call shall not include calls requesting technical support relating to a problem encountered with substantially less than all functions of a Covered Application or all records of a database on any of the Authorized Servers, or to a failure in individual components of the network communications equipment, communications lines, terminals, workstations, printers, terminal servers or modems. CompuDyne shall have exclusive authority for determining whether a technical service request constitutes a Priority One Call. 28. "Site Specifications" is defined in Section 5.9 [System Modifications] of the Agreement. @ 2002 CompuDyne, Inc. All rights reserved. Page 2 Master Support Agreement Exhibit 1, Definition EXHIBIT B - RMS Master Support Agreement 29. "Software License Agreement" shall mean any software license agreement between CompuDyne and the Client pursuant to which CompuDyne has granted a limited license to use the Covered Applications in accordance with the terms and conditions thereof, as the same may be amended or otherwise modified from time to time. 30. "Source Code" shall mean computer programs written in higher-level programming languages, sometimes accompanied by English language comments. Source Code is intelligible to trained programmers and may be translated to Object Code for operation on computer equipment through the process of compiling. 31. "System" shall mean the Client's computer automated system consisting of the Covered Applications combined with any of the Authorized Servers, the operating systems installed on each of the Authorized Servers, any database or other third party software products installed on any of the Authorized Servers, any PC or other workstation equipment having access to any of the Covered Applications, any Communications Interfaces installed on any of the Authorized Servers, any network communications equipment and any other third party software, wiring, cabling and connections and other hardware relating to any such Authorized Servers, workstation or network communications equipment located at any of the Authorized Sites. 32. "System Configuration" shall mean the configuration for the System other than the Covered Applications existing as of the Effective Date together with any modifications or alterations thereto permitted hereunder, including without limitation the configuration of the Authorized Servers, any operating system installed on any of the Authorized Servers, any database or other third party software products installed on any of the Authorized Servers, any PC or other workstation equipment having access to any of the Covered Applications, any network communications equipment and any other third party software, wiring, cabling and connections and other hardware relating to any such Authorized Server, workstation or network communications equipment located at any of the Authorized Sites. 33. "Technical Support Coordinator" is defined in Section 5.11 [Technical Support Coordinators] of the Agreement. 34. "Third-Party Products" shall mean all software and hardware components of the System other than the Covered Applications. 35. "Warranty Period" shall mean, with respect to any Covered Application, the warranty period for such Covered Application set forth on Exhibit 2 attached to the Agreement and incorporated therein by reference. 36. "CompuDyne Holidays" shall mean, with respect to any Covered Application, the following federal holidays, in addition to days designated by CompuDyne as holidays (not to exceed a total of 13 days per calendar year). Additional days will be identified by CompuDyne to the Client at the start of each calendar year: January 1 New Years Day 3rd Monday in January Martin Luther King Jr's Birthday 3rd Monday in February President's Day Last Monday in May Memorial Day July4 Independence Day 1 st Monday in September 2nd Monday in October Labor Day Columbus Day November 11 Veterans' Day @ 2002 CompuDyne. Inc. All rights reserved. Page 3 Master Support Agreement Exhibit 1, Definition EXHIBIT B - RMS Master Support Agreement 4th Thursday in November December 25 @ 2002 CompuDyne, Inc. All rights reserved. Thanksgiving Day Christmas Day Page 4 Master Support Agreement Exhibit 1, Definition EXHIBIT B - RMS Master Support Agreement EXHIBIT 2 To Master Support Agreement COVERED APPLICATIONS This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. CompuDyne will provide the Basic Support described in Section 2.1 [Basic Support] of the Agreement for the software applications identified in the table below. The annual fee for such support shall be as set forth in the table below. Such support will commence upon the expiration of any applicable Warranty Period as set forth in the table below. Covered Application Make, Model. Serial Number of Authorized Server Warrantv Period Period Start Stop Date Date RMSTi ; Stratus ftServer 5600-P31 04R-2D-1 , 310758 Stratus ftServer 5600-P3104R-2D-1, 310758 Stratus ftServer 5600-P31 04R-2D-1 , 310758 Dell PowerEdge 2650 CMSTi FAS (ARS) Copperfire RMS Workstations Web Query TIPS (2 Workstation Licenses) GPA GCT CLETSTCPIIP Interface CLETS Upload Interface Reformatters CJ IS/DA Interface Autocite PRC CAD Interface Property Evidence Bar Code Interface Inmate Bar Code Interface Cogent Fingerprint Interface Keefe Commissary Interface Images Maintenance (PRD) Microfocus License (5 years- included as part of contract thru March 2010) Dell PowerEdge 2650 Dell PowerEdge 4600 Page 1 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Annual Fee $28,300 $12,300 $24,000 incl $15,100 incl $1,050 $1,900 $ 800 $1,800 $1,200 $1,100 $15,900 $1,300 $1,800 $1,200 $1,200 $2,100 $1,200 incl $1,796 Master Support Agreement Exhibit 2, Covered Applications EXHIBIT B - RMS Master Support Agreement Stratus Maintenance (3 years part of contract thru Nov 2008) Total: $114,046 Page 2 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 2, Covered Applications EXHIBIT B - RMS Master Support Agreement Authorized Site: Marin County Sheriff's Office 3501 Civic Center Drive #145 San Rafael, CA 94903 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Page 3 Master Support Agreement Exhibit 2, Covered Applications EXHIBIT B - RMS Master Support Agreement EXHIBIT 3 To Master Support Agreement TRAINING This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. The County's Technical Support Coordinators shall have received training in the following areas: · System Setup - RMS/Ti and CMS/Ti . WebQuery - RMS/Ti and CMS/Ti · Alpha System - RMS/Ti and CMS/Ti · Incident/LocationNehicle - RMS/Ti · Property and Evidence - RMS/Ti . Arrest and Booking - RMS/Ti . Criminal Records - RMS/Ti . Special Flags - RMS/Ti . Case Management - RMS/Ti · Pawned Property - RMS/Ti . License a-nd Permits - RMS/Ti . Traffic Management - RMS/Ti . UCR - RMS/Ti . Warrant Tracking - RMS/Ti . Crime Analysis - RMS/Ti . Gun Registration- RMS/Ti . Bicycle Registration- RMS/Ti . Fleet Maintenance- RMS/Ti . Inventory- RMS/Ti . Gang Information System- RMS/Ti . Officer Activity- RMS/Ti · Calls for Service/Unit History- RMS/Ti . Crime Watch- RMS/Ti . False Alarms- RMS/TI . Personnel & Training- RMS/Ti . Facility Management - CMS/Ti · Booking and Release Processing - CMS/Ti . Classification - CMS/Ti . Incident/Disciplinary Reporting - CMS/Ti . Professional Visitation- CMS/Ti . Inmate Property Management - CMS/Ti · Inmate Money Accounting - CMS/Ti . Medical Processing - CMS/Ti . Visitor Control - CMS/Ti . Events- CMS/Ti · Charges- CMS/Ti . TIPS . ARS Page 1 Updated 091603 @2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 4, Third Party Support Contracts EXHIBIT B - RMS Master Support Agreement . Field Contact System . Beat Book . Service Request . Copperfire . Property/Evidence Bar Coding . Inmate Bar Coding . Victim/Witness Information Updated 091603 @ 2002 CompuDyne, Inc, All rights reserved. Page 1 Master Support Agreement Exhibit 4, Third Party Support Contracts EXHIBIT B - RMS Master Support Agreement EXHIBIT 4 To Master Support Agreement THIRD-PARTY SUPPORT CONTRACTS This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, un~ess otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. The following servers (hardware and connections) and operating software: · RMSICMS Server Stratus ftServer- 5600-P3104R-2D-1, SIN 310758 · Tape Drive PowerVault · TIPS SerVer Dell PowerEdge- 4600 · WebQuery Server Dell PowerEdge- 2650 · Imagis Server Dell PowerEdge- 1850 Page 1 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 4, Third Party Support Contracts EXHIBIT B - RMS Master Support Agreement EXHIBIT 5 To Master Support Agreement SITE, SYSTEM AND NETWORK SPECIFICATIONS This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Servers RMS/CMS Server Stratus ftServer Model Serial Number Site ID Windows Key IP Address Computer Name ASN Phone Number Hardware Software Disk Config .5600-P3104R-2D-l 310758 6649 PFMX6-MW2P8-9DXHM-BK284-QB3H3 10.76.33.178 TIB-RMS 415473-3112 CPU 2-way 3.2GHz Memory 2GB Windows 2003 Server Enterprise Edition PC Anywhere 11.5 8 &102 x 18GB RAID-I 0&42 x 36GB RAID-I 1 & 52 X 36GB RAID-1 2 & 6 2 x 36GB RAID-l 9 & 11 2 x 36GB 3 & 7 2X36GB C:(OS) - 6GB D:(APPS) - 36GB E:(DB) - 36GB F:(IDX) - 36GB G:(LOGS) - 18GB H:(BACKUP) - 72GB TIPS Server - Dell PowerEdge Model Service Tag Express Code IF Address Computer Name RAS Phone Number Hardware 4600 7RGDC51 168-975-592-21 10.76.33.179 TIB-TIPS (415) 473-3110,473-3113 & 473-3114 CPU 2-way 3.0GHz Page 1 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 5. Site. System and Network Specifications EXHIBIT B - RMS Master Support Agreement Memory 2GB Software Disk Config Windows 2003 Server Standard Edition PC Anywhere 11.5 4 x 36GB RAID-5 C: (OS) - 12GB D: (APPS) 90GB E: (DATA) - 102GB 4 x 36GB RAID-5 WebQuery & Veritas Backup Server - Dell PowerEdge Model Service Tag Express Code IP Address Computer Name Hardware Disk Config Software 2650 GKl WB51 360-410-279-41 10.76.33.180 TIB- WEB CPU 2-way 3.06GHz Memory 2GB 2 x 36GB RAID-I C: (OS) - 12GB D: (APPS) - 24GB 2 x 36GB RAIDIE: (DATA) - 36GB Windows 2003 Server Standard Edition Veritas Backup Exec version 9.1 PC Anywhere 11.5 Tape Drive - PowerVault Model Service Tag Serial Number 132TSDLT 2X33N41 313434671185 Imagis Server - Dell PowerEdge Model Service Tag Express Code IP Address Computer Name Hardware 1850 HT89Z61 387-727-212-25 10.76.33.222 TIB-lMAGIS CPU 2-way 3.4GHz Memory 4GB Page 2 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 5, Site, System and Network Specifications EXHIBIT B - RMS Master Support Agreement Disk Config 2 x 72GB RAID-I C: (OS) - 16GB D: (APPS) 56GB Software Windows 2003 Server Standard Edition Briyante Integration Environment PC Anywhere 11.5 ttcp / iperf Etherhelp 4.1 All of the servers listed above are installed in a single Dell equipment rack. A common Keyboard, mouse, monitor (KVM) system is also installed in the rack to allow shared local access to the servers. The servers are connected to the client's network utilizing 100MB Full Duplex connections to the client provided Ethernet switches. As noted the WebQuery server also functions as the Veritas Backup server with an attached 8 tape SDL T autoloader. Details of the backup system are in exhibit 6 of this document. Page 3 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 5, Site, System and Network Specifications EXHIBIT 6 To Master Support Agreement BACK UP SCHEDULE AND PROCEDURES This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. The backup system uses the Veritas Backup Exec software to backup the following CPSJ Servers: TIB-RMS (RMS/CMS Server) TIB-WEB (WebQuery Server) TIB- TIPS (TIPS Server) The backup system uses the TIB-TIPS server to backup all servers to the attached Dell PowerVault132T SDL T 8-tape autoloader. The TIB-RMS and TIB-WEB have the Veritas remote agent software installed to allow the TIS-TIPS server to backup them up over the network. The backup system is configured to perform a full backup of all critical folders / files on the TIB-RMS, TIB-TIPS and TIB-WEB servers every day. The backup is scheduled to start each day at 2:00AM. The backup job rotates the tapes in the PowerVault 132T so a different tape is used each day of the week. The Veritas software creates a report of each backup which can be reviewed using the Veritas Backup Exec Administration Console. The backup reports should be reviewed frequently to ensure the backups are completely as scheduled. The tapes in the autoloader should be rotated on a regular basis and off site storage of at least one tape should be done in the event of catastrophic failure of the server room or building. The TIB-IMAGIS server does not get backed up by the daily backups. There is no dynamic or user data stored on this server and only has configuration and web files that all static in nature. A snapshot of this data has been copied to the RMS server and is then backed up to tape when the RMS server is backup up each day. CPSJ has setup the backup job for the system and will perform periodic reviews of the reports to ensure the backups are functioning properly. It is, however, the responsibility of the client to review the daily backup reports to make sure the backups are functioning properly and if any problems are noted contact CPSJ. Page 1 Updated 091603 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 6, Site, Back Up Scheduled and Procedures EXHIBIT 7 To Master Support Agreement Warranty & Maintenance Support - Guidelines & Options This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated , 2006, between the Client and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Page 1 Updated 102303 @ 2002 CompuDyne, Inc. All rights reserved. Master Support Agreement Exhibit 7, Warranty & Maintenance Support Guidelines & Options @ · "" -:.= TiburGIt@ Warranty & Maintenance Support - Guidelines & Options Version 1.0 September 15, 2003 CompuDvne, Inc. CompuDvne Business Center 39350 Civic Center Drive Fremont CA 94538 (510J 192-2108 Warranty & Maintenance Support Version 1.0 Guidelines & Options Notices: New publications incorporate all updates issued since the previous publication. Update packages, issued between publications, contain additional and/or replacement pages which should be merged into the most recent publication of the guide. CompuDyne, Inc. reserves the right to alter or improve the equipment, software and/or . specifications detailed in this document at any time and without any notice. The information detailed in this documentation could contain technical or typographical errors. CompuDyne, Inc. waives any responsibilities incurred by anyone outside the company for labor or material cost as a result of using this document. CompuDyne, Inc. shall not be held liable for any damages including, but not limited to, consequential, incidental special damages or loss of profits as a result or in connection with this document or its use. While every effort has been made to prepare an accurate, thorough and error-free document, your comments and suggestions regarding improvements to this user's manual are appreciated. Copyright: All rights reserved. No part of this document may be reproduced in any form, including photocopying or translation to another language, without the prior written consent of CompuDyne, Inc. Copyright @ 2003 by CompuDyne, Inc. Printed in the United States of America. Trademarks: The following are trademarks or service marks of CompuDyne, Inc. and are registered or pending in the United States of America. CAD - Computer Aided Dispatch@, Computer Aided Dispatch/2000@, CAD/2000@, Records Management System/2000@, RMS/2000@, Message Switching System/2000@, MSS/2000@, Judicial Management System/2000@, JMS/2000@, Corrections Management System/2000@, CMS/2000@, PIMS/2000@, JDL@, GP A@, GMS@, RTM@, APS/2000@, CAD Activity Reporting System/CARS@, Computer Assisted Public Safety System/CAPS@ All other brand and product names referenced in this guide are trademarks of their respective companies. Publication History: Publication Version Date Warranty & Maintenance Support Guidelines & Options 1.0 September 15,2003 This document was printed on April 20, 2006 Exhibit F Warranty/Guidelines March 10,2004 Page a Warranty & Maintenance Support Version 1.0 Guidelines & Options Table of Contents 1. WTRODUCTION . ........... ....................... ............... ....................... .... ...... .............................................. 1 2. SYSTEM ACCEPTANCE - WARRANTY / MAINTENANCE.......................................................... 2 2.1 WARRANTY CERTIFICATION........... .......................................................... ............................................... ...... 2 2.2 ACCOUNT MANAGEMENT.. ................................................................................. .......................................... 2 3. THE CUSTOMER SUPPORT CENTER.............. ....... .......... ......................... ..................... ......... ....... 3 3.1 SUPPORT GUIDELINES ..................... ........ ............... ..... ...... .................... ........... ..... ......... ...... '" ..............3 3.1.1 Methods for Contacting the CSC........................ ...................................................................3 3.1.2 Prioritizing TSRs ...................................... ....... ........................ ................... .............. ..... ..... ...4 3.1.3 Emergency After Hours Assistance ................... ....... ............ ............ .......... ...... ...... ...............4 3.1.4 Technical Service Request - Reporting Procedures ...............................................................4 3.1.4.1 Problem Reports andJnformation Requests. ........... ........ ................... ......................... .......5 3.1.4.2 Enhancement Requests................ ......... ............................ .......... .......... .............................5 3.1.4.3 Steering Committee Issues................ .......................................... .......... ........ ................ ..... 5 4. BASIC SUPPORT........................ ......................................................... .......... .................. ....................6 4.1 MONTHLY STATUS REpORTS................... ..................................... ....... ................................... ......... ........ ...... 6 4.2 CUSTOMER DBA SUPPORT.. ..................................... ............................... ...... ....... ..... ............ ...... ................. 6 4.3 COMPuDYNE WEB SITE (WWW.COMPUDYNEINC.COM) ................................................................................ 6 4.3.1 CompuDyne Customer Support System ................................................................................6 4.3.2 TCS Self Service.............. ........ .............. ............... ............... ............... ............................. .....6 4.3.3 CSC Discussion Forum..... ........ .................................... ........ .................... ........ .....................7 4.3.4 Report Template Sharing Pool.. ..................... .............. .......... ....... ........................................~ 7 4.4 COMPuDYNE USER GROUP..... ....................................... ........ ................................................. ...................... 7 4.5 PRODUCT STEERING COMMITTEES................................................... ............................................................. 7 4.6 VERSION MANAGEMENT PROGRAM ........ ............................... .................................... ............. ............ ..... ...... 7 5. OPTIONAL SUPPORT PROGRAMS.. .......... ......... ............ .....~. .......... ..................... .................... .......9 5.1 24 x 7 SUPPORT FOR ADDITIONAL COMPuDYNE SYSTEMS ...........................................................................9 5.2 NETWORK SUPPORT................................................................... .... ...................... .................... ...................... 9 5.3 OPTIONAL DBA SUPPORT.. ..................... ..... ... .................................................................... .......... .......... .... 10 5 .4 HARDWARE SUPPORT ........ .............................................................. ......... ............................................ ...... 10 Exhibit F Warranty/Guidelines March 10,2004 Page i Warranty & Maintenance Support Version 1.0 Guidelines & Options INTRODUCTION This document provides a detailed description of the service programs available to our warranty and maintenance customers covered under CompuDyne's Master Service Agreement (MSA). This document defines all standard and optional support programs, explains the procedures that customers must follow to take full advantage of the programs offered, and clarifies the responsibilities of both the customer and CompuDyne. As part of CompuDyne' s ongoing commitment to its customers, we strive to provide the most comprehensive, beneficial support services possible. In response to customer recommendations, we have refmed our internal methods and augmented our technical support capabilities. Weare pleased offer a variety of enhanced services to our customers under the CompuDyne warranty and maintenance programs. CompuDyne's warranty and maintenance programs maximize the integrity of the customer's system and minimize the potential for serious problems. The warranty and maintenance programs offer various levels of operational and technical support as well as provisions for CompuDyne software upgrades. Exhibit F Warranty/Guidelines March 10, 2004 Page 1 Warranty & Maintenance Support Version 1.0 Guidelines & Options System Acceptance - WARRANTY / MAINTENANCE When a system is accepted by a customer, it transitions from the Project phase to the warranty or maintenance programs. Leading up to this major milestone, warranty certification takes place and an Account Manager is assigned to the customer. The following sections describe these activities. Warranty Certification CompuDyne conducts an extensive internal warranty certification process before a project enters the warranty program. Warranty certification ensures that Customer Support personnel are equipped with accurate, site-specific documentation, including contact information, dial-in and restart instructions, system specifications, and hardware/operating system and network schematics. Working together, CompuDyne's assigned Project Manager and Account Manager verify the accuracy of this data as entered in the CompuDyne Customer Support (TCS) database. The TCS database stores all pertinent customer system information, and enables CompuDyne staff to provide the most consistent and timely support services possible. The TCS.database is also available to on-call after- hours support staff, providing easy, secure access to the critical information necessary for after-hours support. Account Management To ensure the highest level of customer satisfaction during the warranty and maintenance programs, CompuDyne assigns a regional Account Manager to each customer to act as the primary liaison between the customer and CompuDyne. The CompuDyne Account Manager is the customer advocate and will act as a facilitator for customer interaction with CompuDyne. The Account Manager ensures ,that customers are aware of critical information distributed by the Customer Support Center and informs customers of new technology available from CompuDyne. The availability of a regional Account Manager allows us CompuDyne to provide individual attention to each site, as they become involved in the day-to-day issues facing the customer. The Account Manager facilitates customer involvement in regional programs such as user groups, focus groups and training programs. Exhibit F Warranty/Guidelines March 10, 2004 Page 2 Warranty & Maintenance Support Version 1.0 Guidelines & Options The Customer Support Center CompuDyne's Customer Support Center (CSC) is dedicated to the handling of customer support calls 24 hours a day, 7 days a week, including weekends and holidays. The CSC is responsible for all Technical Service Requests (TSRs) for warranty and maintenance customers. Once a system goes into production operation, the CSC provides a central point of contact for all customer needs. The CSC provides a consistent and focused approach to problem resolution while providing accurate record keeping and timely feedback to customer inquiries. SUPPORT GUIDELINES CompuDyne has established support guidelines that must be followed to ensure timely response and resolution to issues reported to the CSC. The guidelines include methods for contacting the CSC, prioritization of TSRs, and emergency after hours assistance. Standard Technical Service Request (TSR) reporting procedures have been established to include problem reporting and information requests, customer specific enhancement requests, and product enhancement submissions. Methods for Contacting the CSC CompuDyne provides several method of contact for the CSC. Method Telephone Procedure Please use the following telephone numbers to contact the CSC: (877) 445-2110 (CSC toll free line) (510) 579-4609 (CSC backup cell phone) (510) 579-1714 (Call if no answer to the above listed numbers) All Priority 1 calls must be reported by phone to the CSC to ensure timely response to critical issues. Customers may submit a Problem Report, Enhancement Request, Steering Committee issue or request for information via the internet by connecting to www.ComuuDvneinc.comand clicking on the TCS Self Service link. Customers may also access historical TSR information for their site via this link. The CSC staff will provide customers with the login and password required to access the CompuDyne Customer Support (TCS) system during regular business hours. Regular business hours are defmed as 8:00 am to 5:00 pm in the customer's time zone, Monday tbru Friday excluding CompuDyne holidays. TSRs submitted via TCS Self Service link send updates to CompuDyne' s TCS database in real-time mode. As such, the current status of any call may be viewed at any time. TSRs entered via TCS Self Service are reviewed and assigned within 24 hours of receipt, during regular business hours. If an email address is included with the issue submission, a confrrming email is sent to the submitting person, to include the TCS Call ill used for trackin oses. Customers may submit TSRs to the CSC via email to supuort(cV,tibinc.com TSRs sent to the CSC via email are entered into the TCS system and receipt is confIrmed by a follow-up e-mail message to the submitting person which includes the TCS Call ill used for trackin oses. Email is rocessed durin re rilar business hours. Address faxes to CompuDyne Customer Support Center, and fax to: (510) 742-9590 (CSC fax) (510) 494-5360 (CSC back-up fax) Faxes are rocessed durinu re ular business hours. Mail TSRs to: Customer Support Center CompuDyne, Inc. CompuDyne Business Center 39350 Civic Center Drive, Suite 100 Fremont, CA 94538 Web Site Email Fax U.S. Mail Exhibit F Warranty/Guidelines March 10,2004 Page 3 Warranty & Maintenance Support Version 1.0 Guidelines & Options Method Procedure TSRs received via US Mail are rocessed durin re lar business hours. Prioritizing TSRs To ensure TSRs receive the appropriate response and attention required customers should assign each TSR a priority code that is consistent with the defInitions outlined below. All problems are addressed according to their priority level. NOTE: CompuDyne staff may recommend a priority level other than that requested by the customer, if the requested priority level does not meet the criteria defmed below. Priority Level Catef!orv Definition Priority 1 Urgent The Entire System or a Major Component is DOWN. Customer cannot use system to continue operations. Impacts multiple users, halts or severely impacts critical operations, or database integrity is compromised. NOTE: FOR PRIORITY 1 ISSUES, CUSTOMERS MUST CONTACT THE CSC IMMEDIATELY BY TELEPHONE. DO NOT DELA Y RESOLUTION BY SUBMITTING A PRIORITY 1 TSR BY WEB, EMAIL, FAX, OR U. S. MAIL. Priority 2 Standard A major component or function does not work properly. Impacts an individual or small group. Normal operations impaired, but can continue. Follow up required within 48 hours. Priority 3 Scheduled Failure of any application to function properly: Impacts an individual or small group. Service may be delayed until a mutually established future time. Priority 4 Information Issue is informational or educational in nature. Enhancement requests and Steering Committee issues should be reported as Priority 4 TSRs. Priority 1 TSRs reported during regular business hours are logged and assigned to a CompuDyne technician for investigation and resolution as soon as the information is gathered from the reporting person. For customers and systems with 24 x 7 coverage, Priority 1 TSRs may be reported 24 hours a day, 7 days a week. TSRs for Priority 2, 3 and 4 calls are assigned to the applicable technical team for review, assessment, scheduling, and resolution. Regular TSR reviews between the customer and the Project Manager or Account Manager will allow CompuDyne technicians to focus on problem resolution and improve the TSR resolution time. Emergency After Hours Assistance Emergency assistance after regular business hours is subject to the following special condition. 24 x 7 support is standard for all systems purchased by the County and remote support for Priority 1 calls for any covered system will be provided at any time. Technical Service Request - Reporting Procedures All problems and enhancement requests for all systems used in a production environment must be reported to the CSC utilizing submission procedures described in this document. Whenever possible, supporting documentation or screen shots of examples should be provided when reporting problems. Following the proper reporting procedures will expedite the problem resolution process. Exhibit F Warranty/Guidelines March 10,2004 Page 4 Warranty & Maintenance Support Version 1.0 Guidelines & Options Problem Reports and Information Reauests Once a customer system is placed into productive use, customers should report all known problems and functional questions to the CSC so that they may be logged, assigned, and addressed as soon as possible. All TSRs are addressed according to their assigned priority. Once a TSR has been resolved, the customer is contacted by telephone, if possible, or by email and advised that the call has been resolved. The customer may either confIrm resolution of the call at that time or request additional time to test the resolution of the call. If the customer cannot be contacted, or if the customer requests time to test the resolution of the problem, the call is placed in Test Request mode. Calls placed in Test Request mode without any further information or activity for 30 days will be automatically closed. Enhancement Reauests When customers encounter a situation where a change or additional feature would enhance the functionality of their system, an enhancement request may be submitted to the CSC. The CSC logs all enhancement requests in the TCS system to allow the CSC and the Proj ect Manager or Account Manager to monitor their progress from the initial request to the issuance of a price quote. Once the request is entered in TCS, it is assigned to the customer's Project Manager or Account Manager, who works with the customer and CompuDyne's Product Business Unit (PBU) staff to defme the requirements and develop a price quote for the work involved. CompuDyne' s goal is provide enhancement quotes to customers within 14 days for minor enhancement requests and within 30 days for more complex requests. Steerin!! Committee Issues When customers encounter a situation where a change or additional feature would enhance the functionality of the system, and they would like to submit this issue for discussion and inclusion in CompuDyne' s baseline product, a Steering Committee request should be submitted to the CSC. Steering Committee requests that have been submitted are posted on CompuDyne's web site in the password protected area for customer viewing. Exhibit F Warranty/Guidelines March 10, 2004 Page 5 Warranty & Maintenance Support Version 1.0 Guidelines & Options Basic SUPPORT Monthly Status Reports Each month,CompuDyne sends warranty and maintenance customers Monthly Status Reports. Status reporting allows both the customer and CompuDyne to monitor all site activity and facilitates the scheduling of future activity. The report covers the previous month's Technical Service Request (TSR) and enhancement activities. It is important that customers review reports for accuracy to ensure thorough problem resolution. Customers should inform the Customer Support Center immediately if any discrepancies are discovered, in order to equip CompuDyne with the accurate information required for timely problem resolution. Customer Support announcements are often included in the Monthly Status Report mailings. Customer Support announcements are used to inform CompuDyne customers of upcoming CompuDyne holidays, Critical Product Notifications, Requests for Informatio~ Upcoming Events, and other CompuDyne news. Customer DBA Support Level 1 - Customer DBA Support Customer DBA Support is a standard feature of the CompuDyne Master Support Agreement (MSA). For customers with their own DBA, this plan provides the support needed to ensure that the database supports their CompuDyne applications. CompuDyne will provide support ranging from providing information only to making database changes to fix problems encountered by the CompuDyne applications. This plan also provides assistance with planning backup procedures and performing a database recove , if needed. CompuDyne Web Site (www.CompuDvneinc.com) The CompuDyne web site is a valuable customer resource. It provides convenient, around-the-clock access to information and special announcements about CompuDyne's products and services. Many of the areas of this website are password protected. Customers may contact the CSC during regular business to obtain the login and password for your customer site. CompuDyne Customer Support System The CompuDyne Customer Support (TCS) System is an online database that allows us to maintain a central repository of all product, project, maintenance, and enhancement activity. This software has been customized to meet the unique needs of CompuDyne and its customers. TCS allows not only the tracking of Technical Service Requests (TSRs), but also provides a central repository to document each customer's hardware, network configurations, product versions, support needs, and specific requirements. Working with the customers, the Project Managers and Account Managers periodically review and update the data stored in TCS. They also periodically validate key and primary contact names, titles, positions, addresses, telephone numbers and email addresses. TCS Self Service All CompuDyne customers may access the TCS Self Service system via the internet 24 x 7. This area of the website is password protected. Customers may view all Open calls, as well as all calls closed within the previous 30 days. The calls may be viewed in list format, and you may drill down to an individual call to view all information on the call. A link is provided to send additional information to the Customer Support Center, such as a screen shot of the problem encountered. A link is provided to send a notice to the Customer Support Center advising that a call may be closed. Exhibit F Warranty/Guidelines March 10, 2004 Page 6 Warranty & Maintenance Support Version 1.0 Guidelines & Options CSC Discussion Forum This area of the website is password protected. Any customer may post a bulletin board issue on any topic that may be viewed by all other CompuDyne customers. Replies to issues may be posted. CompuDyne encourages all customers to participate in this valuable exchange of information between customers. Report Template Sharing Pool A Report Template Sharing Pool was launched in the fall of 2002. This area of the web site is password protected. CompuDyne users are encouraged to submit report templates for posting on this link so that other CompuDyne users may share other customer lmowledge and expertise with their agency. All report template submissions should b~ sent via email to support(cV,tibinc.com and must include the name of the report, the name, telephone number and email address of the report author, and a brief description of the report. CompuDyne User Group The CompuDyne User Group (TUG) provides an important vehicle for communicating with other users and CompuDyne staff. Each year, CompuDyne hosts the TUG conference, offering training sessions, presentations and product demonstrations. The annual conference enhances communication among users, introduces new products and product upgrades, and provides working sessions focused on specific areas of user interest. Each agency may send as many representatives to the annual conference as desired. Product Steering Committees Product Steering Committees allow CompuDyne customers to participate in product development and direction for all major CompuDyne Application products. Each Product Steering Committee is composed of a chairperson elected by the CompuDyne User Group, and up to five additional members selected by the chairperson. The Product Steering Committee members solicit input from CompuDyne customers licensed for each product line, and compile suggested product changes to discuss at the annual Product Steering Committee meetings which are held in the spring each year. A CompuDyne product advocate and CompuDyne product technical lead attend the annual Product Steering Committee meetings. Each session begins with a full demonstration of the current product version, followed by a discussion of potential changes and enhancements. As a result of these discussions, the Product Steering Committees determine which changes will be applied to the next product version. Product Steering Committee information may be accessed via the password protected area of CompuDyne' s website. Posted information includes annual Product Steering Committee Enhancement lists, as well as Product Steering Committee issues submitted by customers for discussion at the next annual Product Steering Committee meeting. Version Management Program The Version Management Program (VMP) provides CompuDyne customers with ongoing product enhancements and new features as an integral component ofCompuDyne's Master Support Agreement (MSA). Under the VMP, customers are offered annual release updates to key CompuDyne products. These updates include additional functionality, support for new releases of operating systems, relational databases and other third party products, and, in many cases, the introduction of new technology. Customer input through Steering Committees and Focus Groups drives the majority of these product updates. While there are optional for-fee services, the majority of the costs for the VMP are included in the annual maintenance fee. There are situations where the release or version upgrade requires additional license fees for additional modules not previously licensed by the customer, non-CompuDyne product upgrades, or additional equipment. These fees are extra cost items. As part of each new release, CompuDyne will advise customers on these matters. The Version Management Program applies to selected versions ofCompuDyne baseline products. Once products are certified for the Version Management Program, they remain under the program as long as the customer's system Exhibit F Warranty/Guidelines March 10,2004 Page 7 Warranty & .Maintenance Support Version 1.0 . Guidelines & Options is upgraded at least once every three years. Please refer to the Version Management Program document for further information on this support program. Marin County is permitted to upgrade to version 7.5 at any time following acceptance of version 7.4 and in accordance with the regional or company schedule. Exhibit F Warranty/Guidelines March 10, 2004 Page 8 Warranty & Maintenance Support Version 1.0 Guidelines & Options OPTIONAL SUPPORT PROGRAMS CompuDyne's Account Manager will work with the customer to tailor support programs to the customer's specific needs and develop pricing associated with these needs. 24 x 7 Support for Additional CompuDyne Systems Customers may upgrade to 24 x 7 support for any CompuDyne system at an additional cost per system 24 x 7 support is standard for all CompuDyne CAD, CMS, and Message Switch systems Network Support CompuDyne offers optional network support as described below. Su ortLevel On-Site Network and Sys~em Administrator Definition CompuDyne is available to provide diagnostic analysis and support for problems that arise in day-to-day operations. For example, this analysis might cover the faih.~.re of one of the network hardware components or one of the network devices, such as PCs or printers. CompuDyne takes the lead in working with the hardware vendor to repair the network equipment. The on-site network administrator responsibilities may include monitoring traffic flow for adequate bandwidth and response time. CompuDyne takes responsibility for applying any set-up changes and proposes any required bandwidth u ades to accommodate future owth. Exhibit F Warranty/Guidelines March 10, 2004 Page 9 Warranty & Maintenance Support Version 1.0 Guidelines & Options Optional DBA Support In addition to the Customer DBA support described in Section 4, three additional types of optional DBA support are offered: Su ort-Level Level 2 - Basic DBA Services Level 3 - Full DBA Services Incremental DBA Services Hardware Support Definition This optional plan provides the minimum database administration services required to ensure the safety of your agency's data and uninterrupted operation of the database. It is best suited to small- to medium-size agencies that do not have their own DBA. In addition to the services provided in Levell, the Basic DBA plan provides monthly dial-in monitoring of critical database issues. This proactive monitoring includes checking backup logs, database error logs, analyzing and addressing near-term storage needs, and identifying significant changes in database performance. A monthly report on backup status, database growth, and any problems identified is also provided. In addition, this plan provides for periodic rebuilding of indexes and tables. By providing the essential DBA services on a dial-in basis, for an average of one day per month, CompuDyne can offer these services at a fraction of the cost of a dedicated, full-time DBA. The standard plan includes support for up to three databases, each supporting up to five agencies. For customers with more databases or a encies, Com uD e can desi a customized Ian. This optional plan provides more frequent and extensive administrative services to better address the needs of medium. to large agencies that do not have their own DBA. The Full DBA plan provides all the services of Level 2 on a weekly basis, plus extensive recovery testing and database tuning. Like Level 2, this plan pro actively monitors backup logs, database error logs, storage needs, and database performance. Indexes and tables are rebuilt more frequently, and the plan covers more of them. A report on backup status, database growth, and any problems identified is provided bi- weekly. These DBA services are performed via dial-in access for an average of three days per month. The standard plan includes support for up to three databases, each supporting up to five agencies. For customers with more databases or agencies, CompuDyne can desi a customized Ian. In addition to the packaged service plans, CompuDyne offers a full range of DBA services on a time-and-materials basis. These may be used at any time to augment any of the packaged plans, should the need arise. For example, this option is ideal for a Level 1 or Level 2 customer that needs a database tune-up after an extended period of o eration. CompuDyne can provide optional hardware support from initial hardware purchase, which may include maintenance directly from the hardware vendor. When hardware problems arise, the customer may either contact the hardware vendor directly, or opt for CompuDyne to act as the single point of contact. Exhibit F Warranty/Guidelines March 10, 2004 Page 10 EXHIBIT - C FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURON REGARDING THE DELIVERY OF AUTOMATED RECORDS MANAGEMENT SERVICES The Tiburon Town Council ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of automated records management services by the Marin County Sheriff's Office Technical Support Unit ("SHERIFF'S TECH" hereafter). This exhibit to the contract fully describes the financial terms and conditions agreed to by COUNTY and AGENCY. A. Cost Recovery Mandate. COUNTY is required by policy to recover costs for providing services to other local government agencies. This Exhibit describes how COUNTY determines its costs for providing automated records management services. B. Determination of Cost of Services. 1. COUNTY provides several types of contracts to local government agencies, including giving certain local law enforcement agencies access to the Sheriff's Office's CompuDyne automated records management system ("RMS" hereafter) and Computer Aided Dispatch System ("CAD" hereafter) for use by those agencies' personnel. 2. COUNTY owns, operates and maintains CAD for use by agencies directly dispatched by MARIN COMM, as well as for use by other agencies that operate their own dispatch center. Using data from the CAD management information system (MIS), COUNTY has determined the amount of AGENCY GAD activity occurring within their jurisdiction for a twenty four (24) month period, inclusive of calendar years 2004 and 2005. This information is displayed in Appendix A, Section 2 of this Exhibit (C), in the columns labeled "24M CAD Activity". This activity is exclusive of any response to mutual aid requests occurring outside AGENCY's Jurisdictional boundary. 3. COUNTY will utilize formulas based on CAD activity to determine the allocation of costs for services rendered to AGENCY and others by COUNTY in support of RMS. The costs of these services will be incorporated into the annual charge to AGENCY by COUNTY for services described in Exhibit A. Appendix A of this Exhibit (C) contains the fiscal year 2006-2007 formulas and costs for AGENCY and others contracting for RMS. 4. AGENCY will pay COUNTY for AGENCY'S percentage of the annual CompuDyne ("VENDOR" hereafter) RMS Service Maintenance Agreement, plus a five percent (5%) administrative fee as determined by the overall activity on the CAD system. Appendix A, Section 2, Column A of this Exhibit (C) displays the percentage of use of the CAD system for all entities belonging to the Marin County Law Enforcement Records Management System ("CONSORTIUM" hereafter) and having access to COUNTY'S RMS. For purposes of this agreement, CONSORTIUM agencies are identified as the Marin County Sheriff's Department, Novato Police Department, Mill Valley Police Department, Tiburon Police Department, Sausalito Police Department, Ross Police Department, and the Belvedere Police Department. 5. In addition to the RMS Service Maintenance Agreement, CONSORTIUM agencies will pay COUNTY for the full salary and benefit cost of one (1) full-time Technical Support Analyst I employee, plus a five percent (5%) administrative fee. a) Appendix A, Section 1 of this Exhibit (C) displays the personnel costs for FY2006-07. b) Appendix A, Section 2, Column B of this Exhibit (C) displays the overall CAD activity for CONSORTIUM agencies, identifies their respective percentage of use of the full time employee mentioned in this section, and identifies their share of that cost. Page - 1 EXHIBIT C - Financial Terms and Conditions for RMS Services c) For purposes of this agreement, the Marin County Sheriff's Office is a member of CONSORTIUM and shall pay COUNTY it's share of the employee cost described in Appendix A Section 1 of this Exhibit (C) based on its overall CAD activity. C. RMS Enhancements. 1. COUNTY will coordinate improvements and enhancements to RMS periodically. 2. COUNTY shall serve as the only conduit between AGENCY and VENDOR for all system matters. System enhancements or revisions required or desired by AGENCY shall be communicated to SHERIFF'S TECH for appropriate action. In no case shall AGENCY work directly with VENDOR for any changes affecting RMS. 3. If AGENCY or others benefit from an improvement or enhancement, they will share in the cost of these changes with other agencies that benefit by the change. For example, an enhancement that only benefits one agency will be paid for by that agency, but if the enhancement benefits all agencies, all will pay their share, based on the formula In Appendix A, Section 2, Column A of this Exhibit (C). 4. Depending on how agencies are benefited by an enhancement or change in RMS, COUNTY may develop a special formula to pay for that particular change, such as grouping of police departments together independent of the Sheriffs Office if the enhancement only benefits municipal police agencies. 5. Under no circumstance will COUNTY allow improvements or enhancements to RMS that will be paid for by AGENCY or others without the express written consent of AGENCY'S authorized representative. D. Administrative Fee. COUNTY assesses an annual five percent (5%) administrative fee based on the total charge to AGENCY for RMS services. In recognition of the resources CONSORTIUM devoted to the development and implementation of RMS, this fee shall be waived for each CONSORTIUM.agency for the entirety of FY's 2006-2007, 2007-2008, and 2008-2009. In future Fiscal Years, the five percent (5%) administration fee will be included in the "Cost" column in Appendix A, Section 2, Columns A, Band C of this Exhibit (C). E. Start-Uo Service Fee. In addition to the RMS service costs described in this Exhibit (C), COUNTY will charge a one-time start-up fee that equals twenty five percent (25%) of the first year costs of agreements for new service established after 7/1/2006. Any agency contracting for access to RMS after that date will pay the one-time start-up fee, the full costs of new full time employee(s), if any, their projected share of the RMS Service Maintenance Agreement, as well as the five percent (5%) management fee. The five percent (5%) administrative fee shall take affect immediately and shall not be affected by the fee waiver granted CONSORTIUM agencies described above. F. Revisina the Cost Sharina Formula. By March 1,2009, COUNTY will prepare a new cost sharing formula that will be the basis of cost for AGENCY and others for the next three fiscal years. H. Soecial Circumstances. AGENCY may request COUNTY to perform services outside of the scope of this agreement, such as major changes to VENDOR modules, etc. COUNTY will issue an estimation of the cost for changes, in writing, to the designated agency representative. AGENCY must authorize the work to be performed on their behalf, and agree to reimburse COUNTY for all costs associated with those changes in writing, before COUNTY will commence the effort. I. Billina. COUNTY shall submit requests for payment on a quarterly basis. The payment requests will be submitted no later than the tenth (10th) of the quarterly month following provision of services. Payment is due upon receipt of the invoice. Page - 2 -SIGN HERE EXHIBIT C - Financial Terms and Conditions for RMS Services APPENDIX A AGENCIES SERVED AND COST FOR SERVICES SECTION 1- PERSONNEL Technical Support Analyst I (one (1) FTE at Salary Step III; full salary and benefits as of January 2006) $77,537 $77,537 SECTION 2 -AGENCY COSTS (Excel spread sheet Marin CAD Activity 24M-v2.1) ;iJ.1iOLWN CONSORTIUM A encies Belvedere PD Marin SO Mill Valle PD Novato PD Ross PD Sausalito PD Tiburon PD COLUMN -E- FY2006-07 INVOICE $191,58 $3,030 $70,940 $21,689 $64,892 $4,097 $15,366 $11,569 Page - 3 Town of Tiburon STAFF REPORT AGENDA ITEM 1-. . . .'. Ii . . . '. 'Ii .. .. ,. II .-. II .. II . eli, . II _. -II . II II II . .' . .. · · . . II .. :. .. II FROM: MAYOR AND MEMBERS OF THE TOWN COUNCil HEIDI BIGAll, INTERIM TOWN MANAGE.R ~ TO: SUBJECT: BELVEDERElTIBURON JOINT RECREATOIN COMMITTEE - NAMING . AS ADDITIONAL INSURED UNDER TOWN'S LIABiliTY INSURANCE MEETING DATE: MAY 8,2006 REVIEWED BY: .f:d- . ~'. . .. '. ... .. . .. .. . ',. II- .. .. . II .. ._ .". . .-. ..' .. · II -..... · III . 'II' . HIstorically, the Be.lvederelTiburonJoint Recreation. Committee (BT JRC) has obtained its liability insurance coverage under the City of Belvedere's plan. Currently, boththe City of Belvedere and Town of Tiburon acquire liability insurance coverage through the ABAG Plan Corp. Effective July 1; 2006 the City o.f Belvedere will be changing UabiUty insurance providers. In early March 2000, theBT JRC Director .approached the Town to determine. thepossibHityof maintaining liability insurance coverage through ABAGPlan via the Town of Tiburon's' policy. This .strategywould save theBT JRC from having to pay a $5,100 depositto the City of Belvedere's new carrier. To provide the BTJ,RC Ilability insurance under the Town's plan, the Town would need to name the Committee as an additional insured.. The mechanism to effect this change would be a letter from the Town Manager to ABAG Plan. The cost to prOVide this insuranceisapproxim.a.tely $1,000 per year which staff proposes the Town pay in exchange for o1TIcespace in the Recreation Department for the IT Coordinator. It should be noted that providing liability insurance for the BTJRC does not change any cost sharing arrangements in the JPA between the Town.and City should a claim be filed against the BT JRC. Recommendation It is recommended that the Town CouncHauthorize the Interim Town Manager to have the Belvedere Tiburon Joint Recreation Committee named as an additional insured under the Town's liability insurance policy with the ABAG Plan Corp. . Ife~ M. 1- RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT PROPOSITION 81, THE 2006 CALIFORNIA STATELIBRARVCONSTRUCTION BOND WHEREAS, Governor Arnold Schwarzenegger has authorized the CaUfomia Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 be placed on the June 2006 ballot; and WHEREAS, approval of Proposition 81 would authorize the State of California to sell $600 million in bonds to assIst local governments in the construction and renovation of public libraries; and WHEREAS, these funds will build homework centers' for students, expand facilitIes for literacy tutoring and children's reading program.s, and upgrade electrical and telecommunIcations systems to accom.modate computers and increased Internet access; and WHEREAS, use of existing public libraries in Marin County continues to grow as new services are offered and literacy efforts expand. WHEREAS, the Belvedere- Tiburon Library has plans for expansion in order to meet increasing needs for public seating and study areas, children and . teen services, shelving space, and new technologies; and WHEREAS, the Belvedere-Tiburon Library is currently undertaking a needs assessment process that will result in a Master Facilities Plan to identify necessary upgrades, recommend modifications, and propose expansions necessary to meet servi.ce level standards In the 21$t century; NOW, THEREFORE, BE IT RESOLVED that the Town Council supports the passage and funding of the CaUfornia Reading and Literacy Improvement and PUblic Library Construction and Renovation Bond Act of 2006 (Proposition 81), on the June 6th election ballot, and encourage voters in TiburOn to lend their support to the creation of this public library bond fund and vote in favor of this measure. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on May 8,2006, by the following vote: AYES: NA YES: ABSENT: COUNCILMEMBERS: . COUNCILMEMBERS: COUNCILMEMBERS: PAUL SMITH, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK PROPOSITIONSl FREQUENTLY ASKED QUESTIONS Q. Why is proposition 81 necessary? A. To provide enough modernconununity libraries to provide educational, informational and community services to meet the needs of rapidly growing populations, particularly among children,. students, seniors and people whose literacy skills need improvement. Q. What benefits do I get from the passage ofproposition 81? A. Passage of prop 81 m.eans more modem libraries, a well-rounded public education system, a place for children and adults to improve their literacy skills, a safeplac.e for students to do their homework and do researehafter school, a center for providing information about community services to all groups of people, and a place to fmd and use computers for internet accesS.. Q Is illiteracy really a problem in California and how do libraries help to address that problem? A.Nearly 3 million English speaking Californians are functionally illiterate. nliteracy passes from one generation to the next.. Children of illiterate parents have difficulty in scbooland finding good jobs that pay decent wages. Libraries p.artner with schools to deliver literacy programs to aduUsand youths. Libraries are part of California's educational infrastructure Q.Do libraries do anything in addition to providing literacy programs? A. Yes, quite a lot They provide homework centers for students, reading programs for children, and computer access to the Internet. 'Libraries also act as information hubs for groups, such as~eniors who need to find out about importantcommunitysemces they vitally need, and they assist people with disabilities to get materials that help them read and learn. such as large print books and audio devices for the visually impaired. Q. Are California's communities really in need of more modem libraries? A. Yes they are. Skyrocketing library USe is causing an already under-funded system to deteriorate rapidly. Many communities have no 10cal1ibrary, despite significant population growth. A recent assessment, conducted by the California State Library, concludes there are more than 500 public library projects needed in the next five years. Q. What are the consequences if Proposition 81 is not approved by the voters in June? A. Unless our communities have adequate libraries, California's efforts to provide a quality public education system may not succeed. Efforts to increase literacy, provide m.ore safe locations for students to continue their education .and do their homework during after-school hours, to provide information hubs for seniors and other adults who are trying leam new skills, and providing increased reading opportunities for young . children and certain disabled groups such as the visually impaired, will not be fulfilled. Q. How does Proposition 81 work? A. Ifapproved by the voters the State will sell $600 million in general Obligation bonds. Bond money will be granted to cities, counties and library districts that sponsor library projects. The State will pay 65% ofproject costs and the cOl1m1unity sponsors will pay 35% of project costs. This makes the most of critical State and local resources. By using State bond money more local funds will be available for expanding children's reading programs, improving book collections, providing services for a variety community groups. Q. How does proposition strengthen the partnership between libraries and public schools? \ \ and are ready to begin construction now, but for which there are no funds available. A nUl11ber of these projects will be among the first to be funded with new monies. Additional projects will be submitted for funding to the state selection committee. However, all the projects taken together are only a fraction of the statewide need ofover 500 projects.