HomeMy WebLinkAboutTC Agd Pkt 2006-05-08
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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)
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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~
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;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
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~-
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
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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. Ifeel that I can meet the challenges of the job and assist with community
planning and architectural design review efforts including:
· Planning, architectural and developmental review of residential and/or
commercial construction projects, often having significant financial value and
esthetic impact;
· Approval, monitoring and enforcement of architectural and design review
standards;
· Diplomatic resolution of issues relative to view protection, mitigation, and "living
environment" impact;
· Assisting in community planning to enhance not only the beauty of Tiburon, but
its financial and economic development as well;
· Application of regulations and appropriate protection(s) for property and
community aesthetics, as well as safety;
· Interpretation and enforcement of architectural design and planning guidelines/
standards; and
· Enhancing the "quiet enjoyment" of our residents and neighbors by assuring on-
time construction projects while minimizing noise and disruption;
· Review and approval of historic property renovations; and
· Architectural/Landscape plan review and approval in balance with potential view,
privacy, mass and bulk impact, while balancing architectural compatibility with
the surrounding properties for proposed projects.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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81 Harris & Assodates
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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-.
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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-
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.. . 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?
\
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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.