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Home My WebLink AboutTC Agd Pkt 2004-11-17 '- 9 TOWN OF TIBURON Regular Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 November 17, 2004 6:45 PM - Closed Session 7:30 PM - Meeting /1121 Ie/' (~)~ ----- 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.ci.tiburon.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 io 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. ' D , Agenda - Town Council Meeting November 17; 2004 Page 2 of 4 AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Initiation of Litigation - Case name withheld because disclosure would jeopardize existing settlement negotiations CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.(b)) Potential litigation arising under Section 9.2 of the MERA Joint Powers Agreement because of delays to MERA Project CALL TO ORDER AND ROLL CALL Councilmember Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks 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 notable to undertake extended discussion or action tonight on items not on the agenda, Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda, Please limit vour comments to no more than three 13\ minutes. CONSENT CALENDAR 1, Approval of Town Council Minutes - November 3, 2004 2. Recommendation by Director of Administrative Services - Reallocation and Transfer of Reserves for FY 2004-05 3. Recommendation by Planning Manager - Partial Upholding of Appeal of Design Review Board Decision to Approve a Site Plan and Architectural Review Application for Construction of a new Single Family Dwelling at 79 Round Hill Road Appellants: Applicants: Assessor Parcel Nos.: Charles and Dale Sofnas, 75 Round Hill Road Ron Oznowicz & Carl Weissensee ' 58-301-17 & -35 a) A Resolution of the Town Council of the Town of Tiburon Partially Upholding Appeal Charles and Dale Sofnas and Granting Conditions Thereto Agenda - Town Council Meeting November 17, 2004 Page 3 of 4 PUBLIC HEARING' 4. Recommendation by Director of Public WorksITown Engineer - Formation of Lyford Cove Undergrounding of Utilities 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 allow 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 Adopting the Engineer's Report, Confirming the Assessment, Ordering the Woll< and Acquisitions and Directing Actions with Respect thereto - Town ofTiburon, Lyford Cove Undergrounding Assessment District REGULAR AGENDA 5. Recommendation by Town Manager - Update on and Authorize Execution ofMERA Cooperative Agreement COUNCIL. COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - November 5, 2004 Town Council Weekly Digest - November 12, 2004 ADJOURNMENT " Agenda - Town Council Meeting November 17, 2004 Page 4 of 4 FUTURE MEETINGS & AGENDA ITEMS - Note: These items are tentative until thev aaaear on the final aaenda . Election of MayorlVice Mayor - (December 1) , . Tiburon Police Association Contract - (December 1) . Annual Meeting of Tiburon Redevelopment Agency - (December 1) . FY 2003-04 Audit Report and Adoption - (December 1) . Town Holiday Party - (December 15) . Annual Development Fee & Street Impact Fee Report - (January 2005) . Annual Appointments List & Notice of Pending Vacancies on Town Boards & Commissions - (January 2005) . Tiburon Glen Precise Development Plan . Soda LLC - Waiver of Annexation Request . Revised Street Impact Fee Schedule . Raccoon Lane Undergrounding Project - Reaffirm Resolution of Intention . Proposed Erosion and Siltation Control. Ordinance . County-wide Services JPA . Adoption of Updated Personnel Rules and Regulations . Trestle Glen Bike and Pedestrian Path Improvements - Plans and Specifications ~ !}{}~ 1Uo, I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frederi a edtheregiifiJrm eting of the Tiburon Town Council to order at 7:30 p.m. on Wednesd , November 3, 2004, in own Council Chambers, ]505 TiburonBoulevard, Tiburon, Cali la. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Deve]opment Anderson, Director of Administrative Services Bigall, Planning Manager Watrous, Town Clerk Crane lacopi Prior to the regular session, the Council met in closed session, beginning at 6:00 p.m., to discuss the following items: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.(a)) Bloch v. Ginalski, v. ] 7 Raccoon Lane Homeowner's Association, Coldwell Banker, Town of Tiburon, et al. Case No. CY042089, Marin County Superior Court CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Initiation of Litigation - Case name withheld because disclosure would jeopardize existing settlement negotiations CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.(b)) Potential litigation arising under Section 9.2 oftht; MERA Joint Powers Agreement because of delays to MERA Project Town Council Minute" # 22-2004 November 3. 2004 Page 1 .. ANNOUNCEMENT OF ACTION TAKEN TN CLOSED SESSION. IF ANY Mayor Fredericks said that direction was given to Counsel but no action was taken. ORAL COMMUNICATIONS None. ADDITION OF ITEM TO AGENDA " Mayor Fredericks announced that after the publication of the agenda, a matter had arisen that could not wait until the next regular session for the Council to address, Specifically, the Mayor said that the Council needed to appoint a replacement to the Joint Powers Authority Oversight Committee to attend a meeting on November 4 which the regular appointee [CouncilmelIlber Slavitz] could not attend. To add the item, the Council must find that (I) the matter had arisen after the Town had posted the agenda for tonight's meeting and (2) the matter could not wait until the Council's next regularly scheduled meeting. MOTION: To make the two findings described above and add the item to the agenda on an urgency basis. Berger, seconded by Smith AYES: Unanimous Moved: Vote: Mayor Fredericks said that the Council would consider the appointment at the end of the meeting. CONSENT CALENDAR 1. Approval of Town Council Minutes - October 20, 2004 2. Recommendation by Director of Administrative Services - Accept Monthly Town Investment Summary for September 2004 3. Recommendation by Town Manager - Reco/,'Ilition ofthe Allen Family as Tiburon Peninsula Chamber of Commerce "Business of the Year" a) A Resolution of the Town Council of the Town ofTiburon Recognizing the Allen Family for its Contributions to the Tiburon Community as "Business of the Year" 4. Recommendation by Director of Administrative Services - Approve 1 st Quarter FY 2004-05 Budget Report Town Council Minutes # 22-2004 Novemher 3, 211114 Page 2 ;. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. I through 4, above Berger, seconded by Smith AYES: Unanimous PUBLIC HEARING 5. Recommendation by Planning Manager - Approval of Precise Plan Amendment for Expansion of Buildi.ng Envelope at 4 Indian Rock Court a) A Resolution of the Town Council ofthe Town ~fTiburon Approving an Amendment to the Preserve Precise Plan (PD#16) For Property located at 4 Indian Rock Court, AP No. 38-400-02 Planning Manager Watrous gave a brief report. He stated that the application was similar to an application to install fencing at 6 Indian Rock Court, which was partially denied by the Council. Mr. Watrous pointed out noted that the difference between the applications was that there was no scenic easement restricting the property at 4 Indian Rock Court. Mr. Watrous said that thc applicants had worked out an arrangement with their neighbors to stop the fence four (4) feet from the property line' at 2 Indian Rock Court. He also stated that no other objections had been received from neighbors, including those in Belveron. Mayor Fredericks opened and closed the public hearing. There was no public comment. Vice Mayor Berger said that the architectural firm retained by the applicants performed "superb" work. He also noted how the applicants had worked with the neighbors to accommodate their concerns. MOTION: Moved: Vote: To adopt Precise Plan Amendment (PD#16) at 4 Indian Rock Court Smith, seconded by Gram AYES: Unanimous 6. Report by Planning Manager - Appeal of Design Review Board Decision to Approve a Site Plan and Architectural Review Application for Construction of a new Single Family Dwelling at 79 Round Hill Road Appellants: Charles and Dale Sofnas, 75 Round Hill Road Applicants: Ron Oznowicz & Carl Weissensee Assessor Parcel Nos.: 58-301-17 & -35 Town Council Minutes # 22-2004 November 3, 2004 Page 3 ~ Planning Manager Watrous gave a back!,'found summary of the Design Review Board hearings leading up to the tiling of the appeaL He said that the Board heard testimony from the owners of 75 Round Hill Road, Charles and Dale Sofuas, but had deemed their request to move the proposed new dwelling al 79 Round Hill Road uphill as "W11'easonable" and said that it would result in adverse impaCts to the views of other neighboring properties, especially 85 Round Hill Road. According to Watrous, one Boardmcmber concluded that the views from the Sofuas' residence across the undeveloped lot at 77 Round Hill Road, were "borrowed views," which were not protected by the Town's Hillside Design Guidelines. Mr. Watrous said that the subsequent appeal, tiled by Charles and Dale Sofuas, consisted of two main points: . The house desi!,'I1 would be contrary to direction !,>iven by the Town in its approval of a lot line adjustment for this property in 2002; . The house would be inconsistent with the Hillside Desi!,'I1 Guidelines and Guidelines for Site Plan and Architectural Review. With regard to the first point, Mr. Watrous said that the direction in question was the language contained in a letter from Director of Community Development Anderson which stated that any applications filed for development of the lots located at 79 and 81 Round Hill Road "would be expected to 'reasonably minimize' view blockage from existing residences at 85 Round Hill Road and 75 Round Hill Road." Mr. Watrous said that the Board had reviewed this lan!,'\Iage. However, the Board believed that the owners of75 Round Hill Road should not have expected to retain their view across the vacant lot at 77 Round Hill Road; No. 75 is relatively level with No. 79, thus the eventual development of the property at No. 79 Round Hill Road was always likely to compromise that view, The Board further concluded that it would be unreasonable to restrict the applicant from developing the lot by moving the house any further uphill, thereby eliminating almost half of the lot size tor development. In addition, Mr. Watrous said that State law precluded specific conditions of approval on lot line adjustments. With regard to the second point, Mr. Watrous said that the Board utilized Goal 3, Principle I; Goal 3, Principle 3; and Goal 3, Principle 7 (A through E) in its deliberations, which he more fully described in the Staff report. Councilmembcr Slavitz asked Staff whether the language contained in the lot line letter was a "guarantee. " Town Council Minutes # 22-2004 November 3, 21104 Page 4 .. Director Anderson said that hc added the lanl,'llage for future developers in order to increase their undcrstanding ofthe issues involved in developing the last few lots in this area; however, he stated that the lot line adjustment proccss was not the appropriate place to review view issues; these issues would nccd to be addressed at the Design Revicw level. Mayor Fredericks opened the public hearing. Charles Sofuas, owner of79 Round Hill Road, said hc had built his home in 1979 in order to takc advantage of views ITom the living room, dining room and master bedroom. He said that the story poles now showed that thesc views would be totally blocked. Mr. Sofuas said that hc met with Director Anderson in 2002 at the time of the lot line adjustmcnt; he stated that he came away ITom that meeting with the understanding that thc Town would do "everything possible" to protect his views. He also stated that he agreed not to object to the lot line adjustment (and reduction the lot size ITom one acre to Y:z acre at 77 Round Hill Road) in exchangc for this protection. He said if the Town wanted to "reneg" on its promise, the lot should be turned back into a one- acre parccl. ' Mr. Sofuas said that his "slot view" was protected by the Hillside Design Guidelines and that it was 'just as important" as the "panoramic view" ITom the Doyle property [at 85 Round Hill Road]. He said that moving the approved house [at 79 Round Hill Road] up and redesil,'11ing it would have a "minimum impact on the Doyle property." He contested an assertion in the Staff report that the four [new] houses would be "all in a row" and visible as a "block of houses" ITom the Doyle property. Mr. Sofuas proposed a "compromise" solution of moving the "spec house" at 79 Round Hill Road up the hill and "to the right" of a particular oak tree on the property. In so doing, he said he would al,'Tee to give up part of his view. ' Mr. Sofuas said that he and his wife had contributed "considerable expense" over the years to road improvemcnts, a new concrete culvert, and planting of bushes along [Round Hill] road. Mr. Sofuas also stated that he had cut a "fire protection parameter" on the lot adjacent to his home (77 Round Hill Road), He said that he followed Fire Department Guidelincs to a) remove all branches within 10 feet of the ground; and b) to cut brush without 30 feet ofthe house, He said that ifhe had not done so, a fire that started in June 1988 behind Rced School would have certainly endangered his home. Town Council Minutes # 22-2004 November 3, 2004 Page 5 . Mr. Sofnas said that hc was unaware of who the owner ofthc property was after Norwood Brady sold thc remaining Round Hill lots [sometime in ] 982]. With regard to the Board's approval of the single-family dwelling at 79 Round Hill Road, Mr. Sofnas said that the members "seemed confused" by his issues and that one member said that "some other body" would have the final say. Councilmember Smith askcd Mr. Sofnas if the house hc built in ] 979 was oricntcd the same way [as it is now] and whether thc view was the same [in] 979] as it is now. Mr. Sofnas replied that the view was "enhanced" after the [1988] fire. Mr. Smith asked ifit looked like the view demonstrated in a photograph provided by Mr. Sofnas. Mr. Sofnas said that "some branches were eliminated and shortened," but that the view (in 2000) "is the same as it is now." Councilmember Smith asked Mr. Sofnas why branches he had cut from a particular tree were left on the !,'Tound. Mr. Sofnas replied that he was 68 years old and could "only do so much." He added that Mr. Oznowicz owned the property and it was "his responsibility" [to clear brush from the property]. The Mayor asked Mr. Sofnas ifthc owners had told him he had done a good job. Mr. Sofnas said that he didn't know the owners at the time. Vice Mayor Berger asked if the living room and windows werc oriented the same as [they were] in 1979. He was told that they were. Peter Brekhus, attorney for Charles and Dale Sofnas, questioned the concept of "borrowed views." He asked whether it was referenced in the Town's Code and whether it referred to "up and down" views, as well. Brekhus said that it seemed to him that "outward" views were protected by the Town's Code and that there was no reference to "borrowed" or "created" views in the Code. In addition, Brekhus said that the standard set by the Town (in its 2002 letter) was to "reasonably minimize" the impacts to the views at 75 Round Hill Road, but that no compromise had been reached at all. He" also noted that the Doyle's [85 Round Hill Road] got to keep their panoramic view and that the Town's Code discussed resolving the issue of "competing views," Mayor Fredericks asked Mr. Brekhus ifhe thought a view should be protected ifit was "acquired by the unauthorized cutting of trees on someone else's property." Town Council Minutes #- 22-2004 November 3, 2(J()4 Page 6 ;.. Mr. Brekhus aid that there was "no evidence of unauthorized cutting," nor was there any referenc~ in the Code as to how a view was created. He noted that Belvedere's view ordinance protected views that existed when a property was created and said that Tiburon's [ordinancel.needed clarification. Carl Weissensee, Applicant, said that he was never involved with the Norwood Brady application to develop the properties in 1982; however, he said he became a partial owner, along with Ron Oznowicz, in ] 984. He said that these dates seemed to coincide with the time the trees (3 through 8) were cut. Councilmember Gram asked whether he was the owner of the trees; Mr. Weissensee answered affirmatively, adding that the cutting was done "100% in the [Sofnas'] view area." Councilmember Gram asked whether there were other trees that could be cut that would open up another view. Mr. Weissensee said that he was not sure; the cutting farther down the hill might reveal another hill "rising up." Mr. Wcissensec gave a brief background on the application process. He said that when the property was purchased from Norwood Brady in 1984, the lower two lots were deeded to the Town as Open Space; previously, all six lots had received Town approval for development but there was a problem recording the map due to a (unmet) requirement by the Townfor the Sofnas' to reali!,'ll a driveway. He said that the Town ended up winning a court judgement against the Sofuas' on this point but in the meantime, the time to record the map had expired. In 200], Mr. Weissensee said that the development process started all over again; on the advice of the Community Development Director [Anderson], he (and his partner) proceeded to work on "infrastructure issues" over all the lots, rather than one at a time. Mr. Weissensee said that he met with the Sofnas' but that they denied any knowledge of the tree cutting [at 77 Round Hill] at that time. After the lot line adjustment was approved, Mr. Weissensee said that he did some preliminary home designs for 79 Round Hill and made some concessions to the Sofnas' to address their concerns. However, he said that he did not agree to "protect" the view from the Sofnas' living and dining room, nor did he agree to relocate the other homes closer to the road. After the lot line adjustment was approved, the tree cutting at 77 Round Hill "got bolder," but Mr. Weissensee said that he had no proof of who was doing it until Frank Doyle captured Mr. Sofnas in the act of cutting on videotape. Afterwards, Mr. Weissensee said that he heard that the Sofnas' had placed their home on the market and were representing it as a "view property." Town Council Minutes # 22-2004 November 3. 2004 Page 7 . Architect Ky]e Thaycr described the design of the proposed home at 79 Round Hill Road. He said that it was the "most exposed of the lots" and that they wanted to avoid putting a house in the most prominent "nose of the hill." Mr. Thayer said that the fire department's turnaround and other issues precluded placement of the home farther uphill, as recommended by the Sofnas'. In addition, he said that the current desi!,'I1 of the home would have only one visible story; that it "utilized the land" and blended well with the neighborhood. However, Mr. Thayer pointed out that the view across the lot from the Sofnas' home would be disrupted even by the placement of kid's toys or lawn furniture. Mr. Weissensee said that he had honored the conditions he voluntari]y agreed to during the lot line adjustment process, and that he had "substantially compromised" all the way along. He reiterated that he had never agreed to moving the house uphill. In contrast, Mr. Weissensee said that the Doyle family was impacted but had agreed to compromise, even to the point of offering to move the lot line 15 feet in the direction of their home. He said that it was largely due to the Doyles' that a "reasonable solution" for development of the lots had been reached. Mr. Weissensee also referred to a ] 984 map on which design lines, or "view roses," had been shot from the Sofnas' home and otherJocations on the surrounding lots. He said that he had continued to "honor" the view corridors on this map. Vice Mayor Berger said that it seemed to him that the proposed house [at 79 Round Hill] shown on the 1984 map was lower than shown on the the current application, He said that he had concluded this after visiting the site, as well as the Sofnas' home. Mr. Weissensee said that the graphic representation [shown on the 1984 map] was "almost exactly the same site," and that the "theory was to honor what was approved before." Mr. Weissensee concluded his remarks by stating that the compromise proposed by the Sofuas' was "not real" because it was based on a "stolen view," which was a result of "trespassing and illegal [tree] cutting." He said that the trees represented a natural screen and that the proposed home [at 79 Round Hill] would not be visible at all form the Sofnas' home with this screen. Mr. Weissensee also said that the Sofnas' home was built in order to take advantage of the east [opposite] side of their property in which they had a yard and outdoor living area. He asked Council to deny the appeal. Town Council Minutes # 22-2004 November 3, 2004 Page 8 / , Frank Doyle, 85 Round Hill Road, said that he and his family "gave up something to get something." He rebutted Mr. Sofnas' argument about cutting the trees for fIre protection and said that the tree cutting was "selective trimming." He pointed out where trees had been trimmed and where they had not and said that the pattern ofMr. Sofnas' trimming seemed wholly focused on improving his view. In response to a question from Councilmember Smith, Mr. Doyle described how he had come to videotape Mr. Sofnas one day cutting the trees; he said that his children were playing outdoors and thought they saw a "buck" in the trees. Once the mming began, it became evident that it was their neighbor and not a buck, according to Doyle, and the result of"45 minutes of branches coming down." A week later, Mr. Doyle stated, a gardener showed up and hauled the debris away; that was approximately two years ago. Councilmember Smith asked Kirk Beales, Design Review Board member, to review the Board's reasoning on its decision to approve the application at 79 Round Hill Road. Mr. Beales said that the Board heard the testimony about tree cutting but considered it a "civil matter." Beales said that Boardmember Figour had raised the issue of "borrowed views," and that the Board generally thought that the Hillside Design Guidelines were directed toward "downhill" versus "side" views. He said that he was not sure that there was a "legal defInition" of the concept of the "borrowed views." Mr. Beales said that the Board was reluctant to push the house [at 79 Roundhill] uphill to an "awkward place on the lot" which would, in turn, have a negative impact on the Doyle's views. Mr. Beales said that the item was continued to allow the applicant to make certain revisions based upon testimony received and subsequent Board direction. He said that the applicants lowered the roofline, and put the house farther into the ground. While this was a "better design," in the Board's opinion, he noted that it would not have much of an effect on the Sofuas' property. Mayor Fredericks posed the question of whether any view across an undeveloped property might be considered a "borrowed view." Mr. Beales said the issue was one of downhill versus lateral; that protection oflatcral views would result in "no one ever being able to build next to anyone else." He agreed that any object on the ground over three feet could block a lateral view, in this instance. Mr. Beales said that the Board's decision was based on Town policy and an attempt to "balance out" the competing interests and property rights of the parties. He reiterated that pushing that house uphill would have resulted in a "more serious violation" of the Hillside Design Guidelines. Town Council Minutes # 22-2004 November 3, 201)4 Page 9 , In the Appellant's rebuttal, attorney Brekhus posited that all views were essentially borrowed and therefore protected by the Town's Guidelines. He said nothing in the Town's Code said that sideways views were not protected; rather, the guideline~ spoke of "outward" views. Mr. Brekhus said that the developer was "accusing his neighbor of being underhanded," but that it was neither a reason to "penalize nor ignore the claim." Mr. Brekhus said that there was no real compromise in the approval of the 79 Round Hill application because the house was not visible [to the Doyles'] and that there was "no adherence to what's in the [2002] letter." He said that the desi!,'11, approved by the Board, did not "reasonably minimize" the impacts on his clients, the Sofnas' , and that the house could be moved uphill without deteriment to the Doyles' . Onc Councilmembcr pointed out that the story poles for the approved projcct werc visible from the Doyles' living room; Mr. Brckhus rcplied that the burdcn was on the Town and on the developer to find a compromise. In response to the testimony concerning the videotape, Mr. Sofnas said that it was "not true" that he had been "chopping down trees," aild that these were "vicious statements." He said that the proof of his views were contained in a real estate ad that had appeared in the Ark newspaper; he said that Mr. Weissensee told him that he would "do his best to protect it." Mayor Fredericks pointed out that in his earlier testimony, Mr. Sofuas said that he did cut trees , for the purpose of fire protection, Councilmember Gram asked Mr. Sofuas ifthc grove oftrecs shown in his photograph had at one time "extended up the hill." Mr. Sofuas said no. Mr. Gram asked whether he had this same view all along; Mr. Sofuas said that there were maybe some "branches here or branches there" but that the view was "similar." Mr. Sofuas commented that the owners thought they were "above the law" by not adhering to fire protection guidelines [concerning the clearing of brush] and that he would have contacted the owners ifhe had known who they were. Mayor Fredericks said that the Council understood what Mr. Sofuas was saying as to why thc trees had been cut. Mayor Fredericks closed the public hearing. Vice Mayor Berger began the deliberations by introducing the concept of "shared views," a concept that he said was developed by the Desi!,'11 Review Board while working on the application to develop the Aigins' property. He said that the Board at the time had said that if there could be an accommodation for the new house being built, "so be it." Town Council Minutes # 22-2(J()4 November 3, 2004 Page /0 With regard to the Sofnas' concerns, Berger also stated that "no architect would design" a living room and windows (as existed in the Sofuas' home) "unless there was something to see." The Vice Mayor acknowledged that the 1988 fire "probably helped" the Sofnas' view but he said that he was inclined to a/,'fee with thc Sofnas that a view existed. He said that it might have bccn a "smaller, slot view," and that it might not end up being "as big," but that "views from adjacent properties must be protected." . Vice Mayor Berger said that the current design of the house at 79 Round Hill did not meet the standard to "reasonably minimize" the impacts on the Sofnas' views because the blockage was so complete. However, he said that a redesign should not be at the expense of 85 Round Hill either. Berger said that a redesign might result in larger rctaining walls or a smaller housc but that based upon his own rough drawings, it could be done. Mayor Fredericks said that the Design Review Board had taken into consideration the "totality of all four lots," and that a "great compromise" had been reached in its decision-making process, The Vice Mayor disa/,'feed, stating that the house could be pulled up, put down, or cut back into the hill; all these solutions would not negatively impact the Doyle property at 85 Roundhill Road. Boardmember Beales clarified that the Board in fact consider only the impacts (ofdevelopment of 79 Round Hill Road) on 75 and 85 Round Hill Road. The Mayor also wondered whether moving the house uphill would have an impact on 77 Round Hill Road. Councilmember Gram asked the Vice Mayor how far he would move the house uphill. Berger replied that it was more like "clipping" [the house] versus moving it. Councilmember Gram posed the question of how far to go with this line of reasoning. Councilmember Smith said that he would vote to deny the appcal and said that the Board did' nothing wrong nor was there anything "wrong" with the 2002 lot line adjustment letter. Smith said that there had been a "balancing of interests" in the process, and that the house at 79 Round Hill Road had indeed been moved "away" in order to accommodate the Sofnas'. HE said that the Board had applied the Hillside Desi/,'Tl Guidelincs properly and that he would,not try to "second guess" the Board by redesigning the house. Smith also said that it seemed to him that there was a lack of credibility in the "creation of views" in this instance and questioned whether fire protection was actually the goal (if material had been left behind). Town Council Minutes # 22-2004 November 3, 2004 Page 11 Councilmember Smith said that the 3,700 square foot design was not a "huge house," and that the ORB did a good job in weighing the impacts on the Doyles' and the Sofuas' as well as the property rights of the Applicants. Councilmember Slavitz said that he too agreed with the Board's decision in this matter and that it was consistent with the Town's Hillside Design Guidelines. Slavitz said that the concept of a "shared view" in this case did not easily translate since the Sofnas' view was "minimal" and not easily shared becausc thc two lots were levcl with each other. He reiterated that the 2002 letter was "not a guarantee" to keep that view; that the Sofuas' view was "two lots away;" that the Board had explored the options and approved a design that "worked well with the site." Councilmember Gram al,'feed that the Board did nothing wrong; however, he suggested thai if more of the trees to the left (of the current slot view) werc cut hack, the Appellants might get a "replacement view" (if the Applicants were willing). Mr. Weissensee said that he was not an arborist and could not fully address the question. Mayor Fredericks suggested that the Town might be able to grant a tree removal permit; Planning Manager Watrous said that if it was part of the condition of approval ofthe project, no pemlit would bc needed. Councilmember Gram said he would deny the appeal but find a way to "enhance the view" from the Sofuas' home "in some fashion." The Mayor pointed out thai the result might not he a water view, Mayor Fredericks said that she had visited the Sofuas' home and understood what their views meant to them. However, she said that it would not be easy to maintain the views unless no development was allowed al all. The Mayor said that the idea of "minimizing" the impacts was just a "general princiiple" and that the Board .did a rational analysis of application before it Mayor Fredericks said that she too would vote to deny the appeal, while attempting to include 'Councilmemher Gram's suggestion to try to trim or remove trees in some fashion to open up another view for the Sofnas'. Planning Manager Watrous attempted to clarify Council's direction to Staffby describing the process as one of "creating a window." He pointed out thai trees might actually have to be removed; he said that goal would be to "maintain the integrity of the area.". He agreed to visit the site and see if the Council's suggestion was fea~ible. Town Council Minutes # 22-2004 Novemher 3. 20()4 Page 12 < Mr. Thayer asked that any proposal to remove or cut trees be "subject to review by an approved arborist." Council a/,'Teed to this request. Councilmember Slavitz pointed out that if there was already an approved landscape plan (for thc lot at 79 Round Hill Road) that the Sofnas' view might be "closed up anyway." He asked whether the creation of an alternate view would have to be "preserved in posterity." Council member Gram suggested that Staff perform an evaluation of these issues and return to CounciL Councilmember Smith said that he would go along with the suggestion as IOJig as it didn't "create some unknown ripple effects." Councilmember Slavitz asked if fencing would be allowed on the subject property: Planning Manager Watrous replied that a solid, three and a half foot fence would be allowed without approval; but that a six-foot fence, for example, would require Desi/,'11 Review Board approvaL Moved: Vote: To partially uphold the appeal by directing Staff to investigate the possibility of creating a "window" view (from the property at 75 Round Hill Road) and, if a replacement view were possible, to return to Council with a resolution reiterating the views expressed by a majority of the Council and memorializing the Council's decision. Fredericks, seconded by Smith A YES: Fredericks, Gram, Smith, SJavitz NOES: Berger MOTION: REGULAR AGENDA 7. Recommendation by Town Manager - Authorize Execution of MERA Cooperation Agreement Town Manager Mcintyre suggested that the Council address only a portion ofthe a/,'Teement at this meeting. Town Attorney Danforth said that there were actually four parts of the a/,'Teement to be considered by Council: (I) The [funding of the] feasibility study; (2) The letter a/,'Teement with the Mt. Tiburon neighbors; (3) The [actual] cooperation a/,'Teement with MERA; (4) The ancillary agreement with the neighbors, With regard to the first point, the Mayor asked if there was Council consensus to pay MERA and Motorola first, then the engineers retained by the neighbors, if there was money left over [from the $25,000 previously approved by C;ouncil]. Council concurred. Town Council Minutes # 22-2004 November 3. 2004 Page 13 " Ms. Danforth said it would be useful to have a Council subcommittee review the technical aspects of the [cooperation] agreement before il was presented to the Council as a whole. Mayor Fredericks said that the Council had already appointed a "negotiating team" subcommittee; she suggested that the Council's land use attorneys form the other subcommittee, MOTION: Moved: Vote: To appoint Tom Gram and Paul Smith as a second MERA subcommittee Berger, seconded by Slavitz AYES: Unanimous COUNCIL. COMM1TTEE AND COMMISSION REPORTS None. WRITTEN COMMUNICATIONS Town Council Weekly Digest - October 22,2004 Town Council Weekly Digest - October 29,2004 URGENCY ITEM MOTION: To appoint Alice Fredericks as the alternate Council representative on the Joint Powers Authority Oversight Committee. Smith, seconded by Slavitz AYES: Unanimous Moved: Vote: ADJOURNMENT There ,being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the regular meeting at 9:50 p.m., to the next regular meeting scheduled for November 17, 2004. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE TACOPT, TOWN CLERK Trmm Council Minutes # 22-2004 Novembe,' 3, 201!4 Page 14 Town of Tiburon STAFF REPORT AGENDA ITEM :2 ji:' .-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: Honorable Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services ~ General Fund Transfers and Reallocations ~ November 17, 2004 REVIEWED BY:~ TO: FROM: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annually, after the Town closes the previous year's records, Staff reviews the General Fund Reserve balances and makes recommendations to the Town Council regarding reallocation of excess funds. These reallocations are based upon adopted guidelines and projected operating and capital improvement program requirements. For the purpose of this report, Staff is addressing only the General Fund Reserves, The General Fund Reserves are comprised of three categories: (a) Reserved, (b) Unreserved and Designated, and (c) Unreserved and Undesignated. The Unreserved and Undesignated Reserve is the most significant to the Town as it represents the surplus (deficit) each year based on the Town's General Fund Operations, Each year the General Fund Operating Surplus feeds into the General Fund Undesignated Reserve. The adopted policy of the Town Council is to maintain this reserve at an amount no less than twenty-five percent (25%) of the current year's General Fund Operating Expenditures. Any excess funds above the Town's stated policy may be reallocated among the Town's General Fund Designated Reserves or other restricted funds, The Town has established several General Fund Designated Reserves to provide funding for important future Town infrastructure and capital maintenance needs, along with providing funding for future liability concerns. It is important to note that any, or all, of the Town's General Fund Designated Reserves may be collapsed at any time and their funds transferred back to the Town's General Fund Undesignated Reserve. The following are the Town's General Fund Designated Reserves with a brief explanation and the Town's funding policy, if any: STAFF REPORT ;.. ., ~. Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . ..0. . . . . . . . . . . . . . . . . . . . . . . MINIMUM FUNDING PER FUND TITLE PURPOSE POLICY GUIDELINES Infrastructure & To provide funding for the acquisition, N/A Facilities construction or improvement of public nronertv or facilities Traffic System To provide resources for traffic N/A circulation and signalization imorovement proiects Capital Equipment To provide funding for General Fund $135,000 Replacement operating department capital eauioment outlav exoenditures Streets & Drainage To provide resources for construction N/A of improvements to the storm drain , collection svstem Storm Damage To provide funding for storm damage N/A to street, drainage, parks and other infrastructure Employee To provide funding for employee Funding as fiscal Compensated Leave compensated vacation and sick leave conditions permit, but not costs less than 10% of annual payroll, or 75% of actual liability. Currently $200,000 Employee Housing To provide funding to assist employees N/A Assistance with housina needs Retirement Surplus To account for employer paid Funding at actual costs Assets retirement contributions not remitted per payroll due to super-funded status Self-Insurance Reserve To provide funding for the Town's self- The lesser of $200,000 or insured general liability, workers' combined sum of compensation and unemployment insurance premiums, insurance Currently $200.000 New Public Works To provide resources for construction N/A Facility or improving the current public works facilities Park Development To provide resources for the N/A improvement or maintenance of parks facilities, not accounted for in the General Fund Operating Budget Technology Fund, To provide funding for the acquisition N/A and upgrade of the Town's Technology svstems Last year the Town Council established the newest General Fund Reserve, the Technology Fund and transferred $150,000 to establish this fund, November 12, 200 page 2 of 4 STAFF REPORT -'~.. Town of Tiburon Overview of General Fund Financial Resources The closing financial statements for Fiscal Year 2003-04 show that the General Fund has a total reserve balance of $6,873,965; of this amount the General Fund Undesignated Reserve is $2,365,891, and combined resources of all other General Fund Designated Reserves are $4,508,074, Based on the Council's adopted policy, the General Fund Undesignated Reserve has excess funds in the amount of $1 ,040,000, which could be reallocated among the General Fund Designated Reserves, In addition, there is $42,000 remaining in the New Police Building/EOC Reserve that may now be reallocated since the building has been completed, Overview of Planned Reallocations Recently, Council has stated its priority to fund street and drainage improvements at an accelerated level if, and when, funds are available. Staff is addressing the Council's priority in the proposed reallocations. Staff recommends that the $950,000 be reallocated to the various Designated Reserve Funds as outlined below: Balance Planned Restated Projected 7/1/2004 Reallocation Balance 6/30/2005 UNALLOCATED RESERVE 2,365,891 (907,709) 1,458,182 1,458,172 DESIGNATED RESERVES Infrastructure & Facilities 882,694 0 882,694 882,694 Reserve Traffic System 450,000 0 450,000 450,000 Capital EquipmenUReplacement 151,830 0 151,,830 212,930 Streets & Drainage 412,694 400,000 812,694 529,694 Storm Damage 100,000 0 100,000 100,000 Employee Compensated Leave 234,124 30,000 264,124 222,324 Employee Housing Assistance 400,000 0 0 400,000 Retirement Surplus Assets 439,684 100,000 539,684 330,284 Self-Insurance Reserve 209,504 0 209,504 209,504 New Public Works Facility 636,367 120,000 756,367 656,367 Park Development 398,985 250,000 648,985 648,985 New Police Facility/EGC 42,291 (42,291) 0 0 Technology Fund 150,000 50,000 200,000 202,151 Sub-Total Designated 4.508,074 0 5,415,783 4,844,933 TOTAL RESERVES 6 873 965 6873,965 6303.105 Following the reallocation of $907.709 from the General Fund Unallocated Reserve, the restated balance will be $1,458,172, which is 27.7% of FY 2004-05 General Fund Operating Expendilures, which is in compliance with the Town's adopted policy. November 12, 200 page 3 of 4 Town of Tiburon STAFF REPORT \ Recommendation It is recommended that the Town Council authorize the General Fund reallocations as proposed by Staff. The Town Council may, at any given time, review and reassess the status of the Reserve Funds, and based upon changing priorities, implement a new plan for Reserve funding. / November 12, 200 page 4 of 4 ') STAFF REPORT AGENDA ITEM -3 ? Town of Tiburon TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: DANIEL M. WATROUS, PLANNING MANAGER 79 ROUND HILL ROAD ADOPTION OF RESOLUTION MEMORIALIZING THE PARTIAL GRANTING OF AN APPEAL OF DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF A SINGL~L,y" DWELLING NOVEMBER 17, 2004 REVIEWED BY: / . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: MEETING DATE: SUMMARY On November 3, 2004, the Town Council held a public hearing on the appeal of the Design Review Board's decision to approve a Site Plan and Architectural Review application to construct a single-family dwelling on property located at 79 Round Hill Road. At that meeting, the Town Council voted (4-1) to direct Staff to prepare a resolution partially granting the appeal, subject to conditions of approval. The draft resolution has been prepared and is attached, The Town Council imposed a condition of approval on the application requiring that tree trimming and/or removal be performed to create a slot view or "window" from the appellants' home below the site of the house to be constructed on the subject property, with Planning Division Staff to determine the appropriate work to be done in conjunction with an arborist. Staff has reviewed the area in question on the site and has determined that the desired window can likely be created with the removal of two oak trees, However, the trees identified by the Town Council to be windowed, as well as the other trees unlawfully trimmed by the appellants, are not situated on the subject property, but are instead located on the vacant lot at 77 Round Hill Road which is also owned by the applicants, The Town may not be able to legally require the applicants to make improvements on an adjacent lot as part of its decision on another property, but may consider whether this is an appropriate request to make of the applicants for the approval of this project. / RECOMMENDA nON Adopt the attached resolution partially granting the appeal. EXHIBITS 1. Draft resolution H:dwatrouslreportsfTC704119,appeaI2.doc Jj ,.~ , RESOLUTION NO. A RESOLUTION OFTHE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY CHARLES AND DALE SOFNAS OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR PROPERTY LOCATED AT 79 ROUND HILL ROAD WHEREAS, on September 16, 2004, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application for the construction of a single-family dwelling on property located at 79 Round Hill Road, proposed by Carl Weissensee and Ron Oznowicz ("Applicants"); and; WHEREAS, at that hearing, the Applicants presented revised plans that slightly reduced the height of the proposed house from those plans that were submitted with the application, The neighboring property owners at 75 Round Hill Road raised concerns over the potential view blockage that would be caused by the location of the proposed house, and the owner of the neighboring property at 85 Round Hill Road raised concerns about potential' view impacts that could occur if the house location was moved uphill to address the view concerns from 75 Round Hill Road; and WHEREAS, after receiving public testimony, the Design Review Board expressed concerns that revised plans were submitted at such a late date, and the request was continued to the October 7,2004 meeting to allow the applicant to formally submit the revised plans and modify the story poles for the project; and WHEREAS, on October 7, 2004, the Design Review Board held the continued public hearing, reviewed revised plans for the project, and heard additional public testimony from the property owner at 75 Round Hill Road again about potential view blockage; and testimony from the owner of 85 Round Hill Road about the potential view impacts that could be caused by an alternate house location, and about the location of the proposed house in relation to the future development of the other vacant lots at 77 and 81 Round Hill Road; and WHEREAS, after receiving public testimony, the Design Review Board determined that the views across the subject property from the home at 75 Round Hill Road were "borrowed" views across undeveloped land, and that it would be unreasonable to force the owner of the proposed home, and the owner of any future home on the intervening lot at 77 Round Hill Road, to sacrifice a large portion of each lot to protect such a borrowed view; and WHEREAS, on October 7,2004, the Design Review Board voted (4-1) to conditionally approve this application; and . WHEREAS, on October 15, 2004, the owners of the adjacent property at 75 Round Hill Road. Charles and Dale Sofnas ("Appellants"), filed an appeal of the Board's decision to approve the application for Site Plan and Architectural Review for 79 Round Hill Road; and TIBURON TOWN COUNCIL RESOLUTION NO, 11/17/04 1 .> ~ , WHEREAS, on November 3, 2004, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the appeal; during which public testimony was heard regarding the proposed dwelling and the Design Review Board's review of the application; and WHEREAS, the evidence in the record indicated that Appellants' current view was largely the result of the trimming of trees and brush on the Applicants' property without the Applicants' permission and that had such trimming not occurred, the trees and brush would have blocked said view. Appellant Charles Sofnas acknowledged cutting the trees and did not assert that he had the Applicant's permission. The Town Council determined that views that are the result of unlawful action are not subject to the same protections given by the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review as views that have been lawfully obtained; and WHEREAS, the Council also noted that the Applicant's and Appellants' properties are relatively level with each other, and that protecting such lateral views is difficult without banning all or most development on the property within the viewshed, and that for this reason, the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review primarily address downhill views; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that although the proposed house design would be consistent with the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review, the trimming and/or removal of several trees under the control of the Applicants would help improve the long-term views across the subject property from the Appellants' home at 75 Round Hill Road, WHEREAS, based on the above findings, the Council determined to partially grant the appeal by the Appellants (a vote of 4.1), and add the following condition of approval to the Design Review Board's approval of the project: 15. The applicants shall trim and/or remove trees to create a window view for the property at 75 Round Hill Road. The amount of tree trimming and/or removal shall be determined by Planning Division Staff after consultation with an arborist hired by the applicants. The required tree trimming and/or removal shall be completed within thirty (30) days of the approval of this project. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Charles and Dale Sofnas was partially granted on November 3, 2004, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on November 17, 2004, by the following vote: NOES: COUNCILMEMBERS: COUNCILMEMBERS: AYES: TIBURON TOWN COUNCIL RESOLUTION NO. 11/17/04 2 -:- ., ABSENT: ATTEST: COUNCILMEMBERS: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO, ALICE FREDERICKS, MAYOR TOWN OF TIBURON 11117/04 3 ( 11/12/2004 16:19 775-588-8224 OZ CO PAGE 02 Ron Oznowicz 32 Greenwood Ct. , Orinda, Calif November 12, 2004 LATE MAIL #--3- Via E-mail dWlIlrolis@ci.tiburoD.ca.us Via Fu..41S,435-2438 ' -~~O~-!:l~D~l- .. ..,-."'-.-.-,. -:--,.. Mr:.Dan-Watrous--'..,-...,'-" ",.. Planning Manager Town of TibiJron Re: 77, 79 Roundhill TOWN CLERK TOWN OF TIBURm" Honorable City COW1cil Members, I own what used to be six lots, and now are four lots, on ROWldhill adjacent to the ',appellant. I've deeded part of my original property to the Town of Tiburon as open space. I have had a,thirty-year trouble free positive relationship with Mr. Weisensee, I have never b~en contacted by Mr. Sofnas, I met with Mr, Dan Watrous on the properties' ,on November 10, I should like the opportUnity to address the City Council in my behalf with regard to the properti~s on Roundhill. I won't belabor your interest with a long preamble, as:I'm sure you've delved in detail already, I've worked with cooperation and friendly agreement with the Town regarding our property on RoundhiII for over 20 years and 'I wish not to upset our relationship. " Hbwever, how am Ita avoid indignation when it is obvious to all concerned that Mr. Sofnas, a man I've never met and who's never contacted me for anything, has, by eyewitness accoWlts, entered at least two of our properties and substantially cut precious trees to obtain a view for his home. I can only conclude that he has stolen this view, He might as wel! have taken a bulldozer so that his new view might be enhanced vertically as well as hom:bntally. ' He might also have brutally trimmed the other side of the old stand of trees, or removed them entirely, so his view would not have such a lopsided effect on those proud trees. Why not? This stolen view now only skims barely over the ground, through a piolure frame he cut lopsided into our Oak and Bay trees, across two of our Jots so that any picnic; table, a child on a tricycle or parents erecting a swing set would practically obscure it anyway, The enjoyment of homeowners will be impacted by this ill.gotten view, I hope the ,City Council thinks carefully about granting, compromising, or in any way conceding, to Mr. Sofnas the fruits of this malicious behavior. It would be a terrible precedent and el!:ample for other builders, developers, homeowners, and anyone with any property rights ill Tiburon if the word got out that all one has to do is steal 011 someone else's properly, cut trees, move earth, or whatever, and once a view, however slight, is obtained the Town of Tiburon will validate the action. This issue may likely be used by others ill TibUron to either justify their trespassing tree cutting actions or justify the prohibition of such without proper process. I can !ippreciate that the Town of Tiburon seeks in all cases to resolve conflicts wisely and pi-operlY. It seems to me that to do so properly is to follow proper process, If it can be pointed oulto me that the view now claimed by Mr. Sofnas is proper by ihe' standards offairness, statutes and policies of Tiburon t)len I would humbly defer. 11/12/2BB4 1&:19 775-58B-8224 OZ CO PAGE B 3 In doing the proper thing, the Town of Tiburon should not shirk from potential ,lawsuits. However, it seems to me that if logic were to prevail there is a chance of only one lawsuit if the appeal of Mr. Sofnas is properly denied, and two if Mr. Sofnas is granted a partial,compromise, As ~a gesiw-e of good will, and certainly with a caution to avoiding the hazards and ,_, inconvenience of.liti'gation,Lwould.liketo_offer,a,compromise.thatcould come,from the,. . parties in contention' and not put the Town of Tiburon on the spot. We would accept the possible'limi~ed(view compromise (discussed by me with Mr. Dan Watrous on-site), but that it would:anach itself only as long as Mr. Sofnas owns and occupies his property at 75 ROWldhill. It pains me to do so, but if the view is what he wWlts, and he has obtained it unlawfully; then the view he can have, but he may nO,t benefit economically from it. In addition I would want assurances that our plWls to build on what linle of lot 77 we have remaining a",ailable that Mr. Sofnas will graciously agree not to make further view claims. In o\her word,s the compromise must put to rest any future view claUns by either party. One final caveat, which I trust sounds reasonable to everyone, is that Mr. Sofnas agree to pay the costs for our arborist, any recommended pruning, and any sUl1ley that , would definc;d the stipulated view. ' I believe we can word the compromise to everyone's satisfaction imd experts can , properly define the view, I haven't seen our arborist's report, but I'm told secondhand he may recommend that more of the trees on our property will have to be pruned in order to foster healthy new growth that would heal and correct both the damage Mr. Sofnas has , , done, and perhaps whatever additional pruning will be required to satisfy this compromise.: ,The survival of the grove is at stake, This may cause temporary , unintentional additional view for Mr. So{nas and we would like assurances this would not additionally ~'e claimed by Mr. Sofnas. , In conclusion"I would respectfully request the City Council to deny his appeal in its entirety, ~r strongly recommend the proposed compromise to the parties as a condition and await such resolution. Should you have any questions of a general nature I'm happy to respond, aild if they are in detail or of a legal nature, then our anorney Mr Len Rifkind is here to asslst. ~ ~ Ron Omowicz 2 . 11/15/2004 05: 22 4154537505 LAW OFCS L A RIFKIND PAGE 04/07 .. continuing dispute between these parties over precisely what are the parties' respective rights. For the reasons stated in this letter, the Applicants assert that the appellant has no legal right to the "slot" view at issue, C. Condition of ADDroval No. 15 Is Harmful to the ADDlicants' Heritaae Grove of California Live Oaks and has Increased the Fire Danaer. The Applicants have retained Ray Moritz of Moritz Arboricultural. a licensed arborist and fire ecologist. Mr. Moritz will attend the Council meeting on November 17th and be available to answer the Council's questions. Mr. Moritz has examined the oak grove at risk, and concludes as follows: TREE AND HABITAT DAMAGE 1. The 75 Roundhill Road property owner severely damaged trees located on 77 Roundhill Road with unprofessional cutting done to obtain a view not authorized under TMC Chapters 15 and 15A. The appellant performed "stub cuts" of branches and trunks. The appellant rendered the affected five mature and protected oaks vulnerable to Sudden Oak Death Syndrome (SODS) by his actions. 2. The appellant remove at least eight (8) small oaks when he cleared a "view" corridor 77 and 79 Roundhill Road. 3. The removal of the three additional trees recommended by the Town staff conflicts with the purposes of the Tree Ordinance 15A and Town practices, if approved, Condition of Approval No. 15 would allow the removal of a protected 49.3" (circumference at 2' a.g) coast live oak; a 95.5" circ. (2' a.g,) "Heritage" coast live oak; a 56.5" circumference (at 2' a.g.) protected coast live oak; and a 54" eirc. (at 2' a.g.) protected coast live oak. (Note: the removal of the two-trunk oak will cause the failure of the 54" coast live oak. These coast live oak trees support more wildlife than any other species in California. They provide screening, privacy, microclimate amelioration and aesthetics for the tree owner and the Town, CONDTION NO. 15 CONFLICTS WITH TOWN POLICY TO PRESERVE PROTECTED HERITAGE TREES 4. Removal of the Coast Live Oaks Pursuant to Condition of Approval No, 15 conflicts with TMC Section 15A-1 Policies: a. Policy #1; The Town recognizes the scenic importance, shade- creating, and privacy-creating benefits of trees to the community, The Town also recognizes that trees can provide 3 I1/1b/2ee4 eb:22 4154537505 LAW OFCS L A RIFKIND PAGE e5/07 " soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which, characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. [Emphasis added]. b. Policy #2: The Town recogni:<:es the special significance of "protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. Any tree (including an "undesirable tree") which has attained the size of trunk to qualify as a "heritage tree", as defined herein, will be provided the permit protection afforded by this chapter, ' c. Policy #4: The Town recognizes that because of the known benefits of trees, undeveloped properties and properties capable of further subdivision should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. REMOVAL OF HERITAGE TREES FROM 77 ROUNDHfLL CAUSES THE APPLICANTS TO SUFFER UNCOMPENSATED MONETARY DAMAGES 5. The removal of additional trees is a signiticant loss to the 77 Round hill property owner, The conservative appraised value of these trees is $23,800.00. The appraised value of the privacy screen and aesthetics to 77 and 79 properties would have to be appraised by a property appraiser but is likely far in excess of the appraised value of the trees. ' REMOVAL OF HERITAGE TREES INCREASES THE FIRE DANGER 6, Appellant's claim that he cleared the trees at the recommendation of the Fire Marshall is not accurate for the following reasons: a, The Fire Marshall does not recommend clearing of vegetation on another property. The Fire Code states that developed properties must have a minimum 30 feet of defensible space, or to the property line, whichever is closer. The code provides for 'up to 100 feet of defensible space, at the Fire Marshall's discretion, but again only to the property line. b. The appellant cleared a narrow "view" corridor to obtain a view across a neighboring property but failed to provide defensible, 4 11/15/2004 05:22 4154537505 LAW OFCS L A RIFKIND PAGE 05/07 space on his own property as defined by code and by the fire prevention practices defined in the recommendations endorsed by the Marin County Fire Chiefs Association, the Firesafe MARIN recommendations, or in accordance with national standards, c, Appellant failed to brush-out and raise the canopies of the of the entire drip line of all the trees at issue (much of the canopy that does not affect his "view" remains in contact with ground fuels. Appellant increased the ground fuel fire hazard by dumping cut brush under the oak canopies. Thus, appellant actually increased the fire hazard to that extent. d, Appellant did not hazard treat the fuels in the most vulnerable aspects of the area around his home. and, those aspects remain very fire hazardous, Eighty-five percent (85%) of the fire season winds come out of the northwest, and he did not treat this aspect. The worst case fire weather involves "Santa Anna". type winds out of the north to northeast, and he did not treat this aspect as well. He also failed to treat the ascending drainage "fire chimney" that comes up on the Round Hill Road side of his home. APPlELLANT'S TREE TRIMMING IS MOTIVATED BY IllEGAL VIEW ENHANCEMENT NOT FIRE SAFETY Mr. Moritz concludes regarding the appellant's obvious desire to obtain a view by cutting trees on his neighbor's property: 7, The 75 Round Hill Road property did not have a view as defined in the ordinance. Any claimed view must be "pre-existing", 8. The 75 Round Hill Road property owner obtained his "view" by entering onto and altering "protected trees" without a permit and without permission from the tree owner. 9, The view ordinance does not recognize "views" created in the manner that the 75 Round Hill Road property owner obtained his view and he could not comply with the requirements of the view ordinance based on the evidence available to claim a view. , 10. The view clearing conducted by the appellant appears to be an act to falsely enrich himself in advance of putting his home up for sale. It is not infrequent that realtors recommend that a view would raise the sale price up to several hundred thousand dollars. There have been a 5 11/15/2004 05:22 4154537505 LAW OFCS L A RIFKIND PAGE 07/07 " number of recent "false enrichment" cases in Marin County where identical acts were undertaken prior to putting the home up for sale, ' D. Condition of ADDroval No.15 Creates Poor Precedent And Awards the ADDsllant For Vlqilantlv Justice To Create Views Where None Existed. For the reasons stated in our prior letter dated, November 2, 2004, this Council should not condone, much less reward a property owner with a view obtained by admitted trespassing and illegal cutting of trees on a neighbor's property without consent. Otherwise, the word will get out that middle of the night cutting can be done with impunity in Tiburon, The appellant provides no evidence of existing views at the time of purchase of 75 RoundhilL TMC section 15-1 provides in part, "(a) The purposes of this chapter are to: (1) Establish the right of persons to preserve views or sunlight which existed at any time since they purchased or occupied a property from unreasonable obstruction by the growth of trees." [Emphasis added]. See also TMC section 15.3, The trees at issue are all oaks trees and are defined as "protected trees" as defined by TMC section 15-2). The appellant never obtained a permit to remove or alter these "protected trees" as required by TMC section 15A-1(e). The DRB received evidence that the appellant manufactured or created "borrowed" views, which were not construed as "existing" because the appellant admits he cut "protected trees" on the Owner's property without consent. CONCLUSION: The Council's good faith attempt to resolve this dispute should be commended. However, Condition of Approval No. 15 as crafted will only reward unauthorized behavior that continues to cause significant damage to the trees at issue, causes the Applicants' uncompensated property damage. arid unduly restricts the development of 77 Roundhill Road which is not even before the Town yet. The appellant's alleged view claims should be deferred to the time when an application for development is submitted for 77 Roundhill Road. To consider such claims now is legally impermissible and unnecessarily complicates the pending application for 79 Roundhill Road. Accordingly, we urge the Council to deny this appeal and approve the project without Condition of Approval No. 15. LAR/ee cc: client 6 ? Town of Tiburon STAFF REPORT AGENDA ITEM ~ TO: Mayor and Town Council members Pat Echols, Director of Public WorksfTown Engineer~ FROM: Proposed Lyford Cove Utility Undergrounding'Isment District MEETING DATE: November 17, 2004 REVIEWED BY: . SUBJECT: .. .... ....... ............ .. ........... ... .. . .. BACKGROUND AND DISCUSSION Since December 2002, Lyford Cove area residents (led by Liz Bird and Joan Lombardo) have pursued the undergrounding of overhead utilities in their neighborhood, In May 2003, the project proponents submitted petitions and subscription deposits from over 60 percent of the properties within the proposed district and the Town Council adopted a resolution of intention to form the Lyford Cove Utility Undergrounding Assessment District, Since that time, the District Engineer (Harris & Associates) has coordinated with the utility companies in developing the scope and cost of the undergrounding work, which was summarized in the Preliminary Engineer's Report. The report summarized the estimated project costs and the rationale for assessing each property according to the special benefit that each property receives. Harris & Associates will present a, brief summary of the report (Exhibit 1) and any modifications since Town Council adoption. I There have been a number of property owner meetings including advisory meetings held at Town Hall on September 1 and October 6to provide property owners within the proposed district an opportunity to preview the Preliminary Engineer's Report and ask questions of the district engineers, bond counsel, bond underwriter and Town staff. On September 15, the Town Council adopted a resolution preliminarily approving the Engineer's Report and directing related actions, including setting the date for balloting, mailing ballots, recording the boundary map, etc, The ballots, a notice of assessment and description of the assessment method, and information concerning the November 17 public hearing were mailed to property owners on September 24. The boundary map was recorded at the County of Marin on September 27, The resolution set November 17 as the public hearing date for ballot tabulation and Council consideration of a resolution formally establishing the district and confirming the assessments. Bond Counsel Stephen Casaleggio has prepared the attached resolution (Exhibit 2) and guidance documents (Exhibit 3) which summarize the process. If the ballot is approved by more than 50 percent and the Town Council adopts the resolution, assessment notices will be sent to property owners and there will be a 30-day collection period that provides owners the opportunity to pay the assessment in cash rather than participate in bond financing, Property owners will . ' ;...~o, "'v/ _ '" 0 ._ . . .7. ~. ,-:; ,:', ".'--,~-. ~,"" . _~.iA _\",t.- '. : November 10, 2004 1of2 Town of Tiburon STAFF REPORT ....... ... ........ .. ...... also be provided an opportunity to finance their individual service connection costs based on financial need. Up to 10 percent of the bond proceeds may be available to finance the service connection work. After the cash collection period, the Town Council will adopt a resolution authorizing the issuance of bonds. During this time, the District Engineer will finalize the project plans and specifications. Construction bids will likely be solicited in February 2005 with construction commencing by April 2005. RECOMMENDATION It is recommended that the Town Council take the following actions: a) Receive a presentation by project proponents and District Engineer. b) Open the public hearing. c) Upon conclusion of the public hearing, request final submittal of ballots to the Town Clerk. d) Consider a brief meeting recess while the ballots 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 50%) of ballots support the assessment, consider adoption of the Resolution of the Town Council of the Town of Tiburon Adopting Engineer's Report, Confirming the Assessment and Directing Action With Respect Thereto. EXHIBITS 1. Engineer's Report 2. Resolution 3. Guidance documents provided by Bond Counsel " "- " November 10, 2004 2of2 , RESOLUTION NO. _-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO TOWN OF TlBURON Lyford Cove Undergrounding 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 May 21, 2003, this Council adopted Resolution No. 15-2003, 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 in accordance with and pursuant to the Municipal Improvement Act of 1913 (the "Act") in and for the Town's proposed Lyford Cove Undergrounding Assessment District (the "Assessment District"); WHEREAS, the 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 Engineer's Report for all subsequent proceedings under and pursuant to the Resolution of Intention, Town Hall Council Chambers, 1505 Tiburon Blvd., Tiburon, California, on Wednesday, November 17, 2004, at the hour of 7:30 o'clock p.m., were appointed, as the place and time for a public hearing to take testimony and for hearing protests in relation to the proposed acquisitions and improvements (the "Improvements"), for tabulation on assessment ballots and final action upon the 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 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 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, 2. Public Interest. The public interest, ,convenience and necessity require that the Improvements be made and that the Assessment District be formed. ... 3. Assessment District Described. The 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. Engineer's Report Approved. The Engineer's Report, in the form on file'in the office of the Town Clerk and to which reference is hereby made for further particulars, including the estimates of costs and expenses, the apportionment of assessments and the assessment diagram contained in the Engineer's Report, is hereby approved and confirmed and shall stand as the Engineer's, Report for these and all future proceedings for the Assessment District, Final approval of the Engineer's Report is intended to and shall refer and apply to the Engineer's Report, 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 Council. 5. Benefits Determined. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the public hearing, this Council expressly finds and determines that: (a) each of the several subdivisions of land in the Assessment District will be specially 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, Assessment' District Formed and Assessments Confinned. This Council hereby orders that the Improvements described in the Resolution of Intention be made, the 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 Engineer's Report. ' 7. Recording Ordered. The Town Clerk shall forthwith: (a) deliver to the official of the Town who is the Superintendent of Streets under the Act the' assessment as contained in the 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 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; and (b) 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 filed and recorded, respectively, in the office of the County Recorder of the County of Marin. - 2- 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 ten (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 four (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. (a) Cash Payment. Under the Act, this Council hereby directs that the owners of property within the Assessment District shall be given written notice of the confirmation of the assessments and of the recording 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 assessments in cas~ for a period of not less than thirty (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 the assessments shall be made, and that the office of the Coilection Officer, at Town Hall. 1505 Tiburon Boulevard, Tiburon. CA 94920 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 10404 of the Act, which notice shail state that bonds will be issued under the Improvement Bond Act of 1915, to represent any unpaid assessments. The mailed notice shall be mailed to each owner of real property within the Assessment District at his or her last known address as the same 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, Stewart Drive Undergrounding Assessment District, Cash Payment Fund" (the "Cash Payment Fund") into which shall be deposited all sums received from the cash payments. The Cash Payment Fund may be invested by the Collection Officer 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 Cash Payment Fund. In the event that this Council issues bonds for the Assessment District. the moneys in the Cash Payment Fund shall be applied to the Improvements for the 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 -3- (with any interest thereon) to the persons responsible for paying such cash payments and the Fund shall be closed, 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 Califomia, on this day of , 2004, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS MAYOR, TOWN OF TIBURON ATTEST: DIANE CRANE IACOP/, TOWN CLERK -4- Jones Hall a professional law corporation attorneys at law "harles t. ildlllllrl stephen r. CaS;;lleggio thomas a. downey david t. fama ac~tt r. fargu50n i'!.m'h::ew c. hall, )I:. courtney 1. jonea william j. kadi william h. madison stephan q. m~likian david j. oster david il. walton Kenneth i. jones, of counsel 6_'>0 c<.llifornin Ill:r....t: eighteenth floor nan francisco, ca 94108 t,!leph'",,,, (415) 391-5780 facsimile 1415) 391-5784 homepaqc: http://wwwJhhwcom Friday, November 5, 2004 Diane Crane lacopi Town Clerk Town of Tiburon 1505 Tiburon Blvd, Tiburon, CA 94920 Via e-mail Re: Lyford Cove Underoroundino Assessment District Dear Diane: Wednesday, November 17, 2004, is the scheduled date for the public hearing on this assessment district, after which the Council can take action on the proposed assessments. For that, I enclose: 1. Opening Remarks by Mayor. This is the order by which the hearing should proceed and is for the guidance of the Council in holding the hearing. This is set up to be read by the Mayor to introduce the item and set forth the order of things, It may also be useful to announce how long each person may speak. Please note that the assessment ballots cannot be opened until the hearing is formallv closed. Before closing the hearing, the Mayor should again ask for any remaining ballots. This agenda provides fora break during which the tabulation takes place. If this is not appropriate, the Council may go on to other business and return to the matter when the count is made. 2, Resolution of the Town Council of the Town of Tiburon Adopting Engineer's Report, Confinning the Assessment, Ordering the Work and Acquisitions and Directing Actions with Respect Thereto. This actually confirms the assessments and directs the various recordings and filings required by the assessment laws. It ,also directs the giving of published notice of assessment confirmation and of written notice to the property owners of Diane Crane lacopi Friday, November 5,2004 Page 2 their cash payment opportunity. Upon adoption of this resolution, I will provide the required instructions and fonns of notices needed to carry out these tasks under separate cover. I will attend the hearing and assist as required, Upon adoption, please provide one certified copy of the adopted resolution. Very truly yours, Stephen R. Casaleggio SRC:sgs Enclosures, cc w/enc,: Distribution List J "__""'__lXU.7.l2.,,~,,0.,~. , 1 b: 47 4153319455 RESERVE ANALYS1S FP1 f-'A"<. ~~ Jij)~(C~~w~rm IIll NOV 1 7 2004 IYJ November 17, 2004 IGWN CLERK ,1SWN OF TIBURON Town Council Town of Tiburon' Re: Old Tiburon Utility Under grounding Dear Council Members, I am unable to attend the meeting tonight, but wish to offer a comment. At the onset I want you to know that I will benefit significantly from the under grounding project, With that said, I want you also to know that I would have accepted the bond issue even if I didn't benefit directly, Just as I vote for bond issues for schools when I have no children attending or donate to the library from which I have never borrowed a book, there are certain community actions that are of such intrinsic value that they should not be denied, There are'those shortsighted people who are against this project because they do not have poles or wires in their view, View is certainly a major consideration, but to think that one won't benefit from the general beautification of the entire neighborhood, even with no direct impact, is myopic to the point of lunacy, Some argue that since they are not obstructed they should not be paying the same amount as those who do have poles and wires in their vjew, I can understand this and would have gladly paid a disproportionate share, but that is not the way the experts who planned this project have determined its effective proportioning, They have done many such projects and they have strong rational for the way they have done this, Some times in a democracy you don't get exactly what you want, but most civil minded people don't rebel, thereby putting their small special interest above the general well being of the community, Finally, there is the argument that some older people on fixed incomes carmot afford the cost. It's interesting that this argument seems to come mostly from people in the category described above rather than from the people in need themselves, I am aware of only one such person who has actually come forward, If this need can be legitimately docwnented t, and I am sure other reasonable people, will offer my original $1000 deposit to be put into a pool to help those genuinely in need, I urge this Council to pass this bond issue and thank you for your consideration to my comments, Sincerely, /1'."e.-.aJ~ Tom O'Neill 2205 Mar East Street TOWN COUNCil LATE MAIL # 1 MEETING DATE / / - /? _eel Y '~, Final Engineer's Report for Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Prepared under the provisions of the Municipal Improvement Act of 1913 For the 1 Town of Tiburon Marin County, Califomia Prepared by: = Harris & Associates November 11, 2004 Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 TABLE OF CONTENTS ., Assessment .......... .............. ....... ....... ....... ........ ........ ....Pg. 'j Engineer's Cost Estimate .........................................Pg. 4 Method of Assessment Background............................................................ P g. 6 Special Benefit.........................................,.............Pg. 6 Methodology......................................................... .Pg. 6 Assessment Apportionment.................................Pg. 10 Description of Improvements ................................Pg. 11 Assessment Diagram...............................................Pg. 12 Assessment RolI.......................................................Pg. 14 Names and Addresses of Owners ..........................Pg. l8 Plans and Specifications .........................................Pg. 22 Annual Administrative Assessment ......................Pg. 22 Certificates................ ............................................... Pg. 23 Appendix Asscssmcnt Calculations O:\lihunlll\Lynlrd Cove\l(cport\lyliud cove till lll[ I 1-llov-04 doc II I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 ['age 'I ASSESSMENT WHEREAS, on May 21, 2003, the Town Council ofthe Town ofTiburon, County of Marin, State of Califomia, under the Municipal Improvement Act of 1913 (the Act) adopted its Resolution of Intention No. 15-2003. The proceedings include financing for the aequisilion and/or coustruction of the public improvcments more particularly therein described, in and for the Town's Lyford Cove Utility Undergrounding Assessme}lt District No, 2004.-01 (the "Assessment District"), WHEREAS, said Resolution directed the undersigned to makc and file a repOlt presenting: a) Maps and deseriptious of the lands and easements to be acquired if any; b) Plans and specifications of the proposed improvements ifthe improvements arc not already installed, including the elass and types of improvements for each zone of the Assessment Dish;ct, ifthese 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 acquircd as part ofthe improvemcnts; d) An estimate of thc cost of the improvements and the cost of lands, rights-of-way, casements and incidental expenses in connection with the improvements including any cost of registering hontb; e) A diagram showing, as they existed at the time ofthe passage of the Resolution of Intention, all of the Jallowing: I, 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; J) 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 propOltion to the estimated benclits to be received by each subdivision respectively. The assessment shall refer to the subdivisions by their respeelive numbers; g) A proposed maximum annual assessment upon each of the subdivisions of land in the district to pay costs incurred by the Town ofTihuron 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 arc described in thc Resolution, incorporated herein by reference; NOW, THEREFORE, the undersigned, by virtue of the power vestcd inllle under said Act and the order orthe Town Council of the Town ofTiboron hereby make the following assessment to cover the portion of the estimated cost of said acquisitions, work and improvements, and the costs and expenses incidentQI thereto which specilieQlly bcnefit the Assessmcnt District and Qre to bc PQid by thc Asscssment District. The amount to be paid for said acquisitions, work and improvements, and the expenses incidental thereto, is generally as follows: Q:\lihuron\l,yl{Jr(1 COVl:\Rcpoll\lyl\H"l1 cuvc rill rpL 11-11\l\'-().l.doc == I Harris & Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report November 11, 2004 Page 2 SUMMARY COST ESTIMATE As Preliminarily As Confirmed As Modified Approved And Recorded After Recordation Estimated Cost of Construction: $3.119,250 $3,092,878 Estimated Incidental Expenses: $757,750 $750,904 Estimated Financing Costs: $383,000 $380,154 Estimated Balance to Assessment: $4,260,000 $4,223,936 I do hereby assess and appOltion 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, trom the acquisitions and improvements, These pieces, parcels or portion oflots or subdivisions ofland are hereinafter numbered to correspond with the numbers upon the attached Assessment Dia!,'Tam. 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 ofTiburon and not othelwise reimbursed for administration and collection of assessment of bonds shall be levied in a maximulII 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 Franeisco- Oakland-San Jose arcas. 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 tbe respective subdivisions of land within said Assessment District as the samc 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 made upon the several subdivisions of land within said Assessment District in proportion to the estimated special bencfits to be received by each of said subdivisions from said improvement. The diab~'am and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to whicb reference is hereby made for a more paltieular description of said property. Each subdivision of land assessed is described in the Assessment Roll by reference to its parcel number as shown im the Assessor's Maps of the County of Marin for the Fiscal Year 2004-2005 and includes all of such parcels excepting those p0l1ions thereof within existing public roads or right or way to be acquired in these proceedings for public road purposes, For a more particular description or said property, reference is hercby made to the deeds and maps on 111e and or record in the office of the County Recorder or 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 term as authorized by law. thirty-nine (J9) years li'om the 2nd day of September next sueceedmg twelve (12) mOllths from their date, Said honds shall bear interest at a rate 1I0t to exceed the eurrcntlegalmaxilllum rate of 12'/'0 per allnllm, <):\lihunlll\LyforJ (:ov<.;\l{cpol't\lyllWd cove IiI I rpl 11-llo\'-().l.uO[ == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 3 Under the Resolution of Intention, the requirement of Division 4 of the California Streets and Highway Code shall be satisfied with Pall 7.5 of said Division 4, for which the following is presented: I, 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: $31,900 2, The total amount of the principal sum of the special assessment (the "Balance of Assessment") proposed to levied in the instant proceedings is: $4,223,936 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 I, above, plus the principal amount of the special assessment proposed to he levied in the instant proceedings from parab'faph 2, above is: $4,255,836 4. The total true value, as near as may be determined, of the parcel of land and improvements which arc lm>posed to he a",essed in the instant proceedings, as determined by the full cash vallie of the parcels as shown upon the last equalized assessment roll of the County of Marin is: $1(;0,910,548 Dated: November 11,2004 By: HARRIS & ASSOCIA TES o~lIl,E. Cox RCE 41965 Engineer of Work ~l\<<jvJ Ie., Go/V/'-- Michael K' Cooper f RCE 29072 Engineer of Work Q:\tihuroll\Ly(()n..l C()ve\J{epnrl\lyliwd cove 1ill1l1[ ] l-nov-04.doc :: I Harris & Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No, 2004.01 Final Engineer's Report November 11, 2004 !:'age 4 COST ESTIMATE CONSTRUCTION COSTS Subtotal Construction Costs (see detailed estimate) PG&E SBC Comcast Contingency Total Construction Costs: INCIDENTAL EXPENSES Design Engineering and Asmt Engineering Construction Management Town Administration Underwriter Bond Counsel Paying Agent Financial Printing, Registration and Servicing Filing Fees Incidental Contingencies Total Incidental Expenses: Estimated Costs Preliminary Confirmed Modified $2,030,465 $556,933 $50,000 $123,000 $358,852 $3,119,250 $265,770 $180,000 $110,000 $85,000 $60,000 $3,000 $16,000 $2,500 $35,480 $757,750 Total Construction and Incidental Expenses: $3,877,000 FINANCING COSTS Bond Reserve/Credit Enhancement Funded Interest @ 8 months @ 6.00% 5.00% $213,000 $170,000 Total Financial Costs: $383,000 TOTAL AMOUNT TO ASSESSMENT: $4,260,000 $2,030,465 $556,933 $50,000 $123,000 $332,480 $3,092,878 $265,770 $180,000 $110,000 $84,000 $60,000 $3,000 $16,000 $2,500 $29,634 $750,904 $3,843,782 $211,197 $168,957 $380,154 $4,223,936 In addition, an annual assessment I'll' costs incurrcd by the Town ofTiburon and not otherwise reimbursed lor administration and collcction of assessment of bonds shall be levied in a maximum annual amount of $20,000 and suhject to an annual increase based on the Consumer Price Indcx (CPI), during the preceding year ending in January, for all Urban Consumcrs in the San Francisco- Oakland-San Jose areas. Said annual administration amount shall be appOItioncd to each parcel in the Assessment District on an equal share tlasis, ," C1:\libuIl1l1\Lyluld CovlC\RqJllrl\lyllJrd nlVl.: rill rpt 11-llo\'-O'Ldnc I: I Harris & Associates Town of Tiburon Lyford Cove Utility 'Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 5 Detailed Estimate of Probable Construction Costs ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION UNIT QUANTITY PRICE PRICE 1 Trench (standard)' LF 12,500 $ 100.00 $ 1,250,000.00 2 Electrical E-2 Box EA 88 $ 400.00 $ 35,200.00 3 Electrical E-5 Box EA 5 $ 4,000,00 $ 20,000,00 4 Electrical E-7 Box (for Subsurface Transformer) EA 3 $ 6,000.00 $ 18,000.00 5 Electrical E-7 Box Pad (for Pad Mounted Transformer) EA - $ 1,000.00 $ - 6 Telephone Box (24x36) EA 26 $ 2,500,00 $ 65,000.00 7 Telephone Box (30x60) EA 11 $ 4,000,00 $ 44,000,00 8 Telephone Box (48x96) EA 6 $ 6,000.00 $ 36,000,00 9 Cable Box B9 (13"x9"x12") EA 15 $ 250.00 $ 3,750,00 10 Cable Box B36 130"x17"x12") EA 65 $ 300,00 $ 19,500.00 11 Cable Box B44 (47"x25"x12") EA 5 $ 800,00 $ 4,000,00 12 Cable Box B48 (48"x30"x12") EA 15 $ 800,00 $ 12,000,00 13 Cable Box B48 10" Extensions EA 30 $ 200,00 $ 6,000,00 14 Cable Box 844 6" Extensions EA 10 $ 100,00 $ 1,000.00 15 Street Light Box EA 26 $ 1,000,00 $ 26,000.00 16 Decorative Street Light EA 45 $ 3,000.00 $ 135,000,00 17 Street Light System Removal LS - $10,000,00 $ 10,000,00 18 2" Cond uit LF 47,120 $ 2.50 $ 117,800,00 19 3" Gond uit LF 8,055 $ 3,00 $ 24,165,00 20 4" Conduit LF 23,450 $ 4,00 $ 93,800,00 21 6" Conduit LF 100 $ 5.00 $ 500,00 22 Retaining Walls SF 1,000 $ 30.00 $ 30,000,00 23 Traffic Control (5%) LS - - $ 9fJ,700,OO 24 Mobilization (5%) LS - - $ 98,700,00 25 AC Patch (8' width) TON 1,125 $ 70.00 $ 78,750.00 SUBTOTAL ESTIMATED CONSTRUCTION COST: $ 2.030,465.00 Notes: 1) Includes excavation, bedding, backfill, and compaction 2) Unit prices for all boxes (Items 2-12) to include excavation. bedding, and backfill compnclion (l:\tihllron\LyfllnJ Covell<epllI(\)yI"OI'J CllVl: 1"111 rpl 11-llov-O,I.d(H; = I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 6 METHOD OF ASSESSMENT BACKGROUND The Assessment District is fOlllled under the authority ofthe Act and Aliicle XIIlD of the Califomia State Constitution, which require that local agencies levy assessments according to special benefit. In addition, Article XIllD, Section 4, of the State Constitution requires that a parcel's assessment may not excecd 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 gcneral benefits from the special bencfits. It also requires that publicly owned propelty that bencfits from thc improvements be asscssed. 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 reconunending an appOliionment o[the costs to properties which specially benefit [rom the improvements rests with the Assessment Engincer, who is appointed [or the purposc of making an analysis of the facts and determining the correct apportionmcnt of the assessment obligation, Therefore, eost.~ and expenses of proposed improvement(s) will be appOliioned against the properties by a fOlllmla or method that distributes the costs in direct proportion to the estimated special benelits thesc parcels receive from the improvements. The approval of the assessments rests with the Town Council. The Council rcnders its decision a1ier hearing testimony and evidence presented at a public hearing and tabulating the assessment hallot" which are mailed to all record owners of property within the Asscssment District. Only ballots delivercd to the Town prior to the close oflhe public hearing arc tabulated. The Council's findings must include whether or not the assessment spread has been made in direct proportion to thc estimated special benefits received by each parcel. SPECIAL BENEFIT , The purpose of this Assessment District is to provide the financing to underground existing overhead eleetrica], telephone and cable facilities, These [aeilities are the direct source of service to the properties within the Assessment District. Tbe proposed replacement o[ existing overhead utility [acilities (power, telephone and cable [aeilities) with under!,'found facilities will provide a special benefit to the parccls who will he served hy 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 o[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 arc 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, 1 ()()'Y., of the proposed improvements are of direct and special benelit to the properties within the boundaries of this Assessment' District. All general benelits, ifany, to the surrounding community and public in general [romundergrouncling of these local overhead utilities are intangible ancl arc not quantifiable, METlIODOLOGY To establish the beoclit to the individual parcels within the Assessment District, a Benel,t Point system is used. Each parcel of land is assigned Benclitl'oints (Hl"s) in proportion to the estimated special bellefit Q:\!ihllnll1\Lyftlltl Covc\Hq)()('(\lytllld C()Vl: Iii I qll 11-llov.(l-1.d(ll: == I Har~s & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004.01 Final Engineer's Report \ November 11, 2004 Page 7 the parcel receives relative to the other parcels within thc Assessment District from the Utility Undergrounding Improvements. Thc highest and best use of each property is the basis on which the Benefit Points are assigned. Por cxample, an R-2 zoned residential property with a single family II' ,me is considered as having 2 dwelling units, and a vacant property is considered developed to its highest potential and connected to the system, Thc special benefits from undcrgrounding the overhead utilities are segregated into thrcc (3) categories, which are discusscd bclow: . Improved Prol)crty Acsthetics Benefit. This benefit relates to the improved aesthctics due to the removal of overhead wires and utility poles from view. Per the Tiburon Municipal Code, Section 15,2, view is defined as follows: "The teml 'view' includes both upslope and downslope scenes...." The aesthetic bcnefit of removing poles and overhead lines adjacent to propcrtics 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 increasc 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 rcconstruct buildings to change view charactcristics, Parcels that are directly adjacent to the facilities to be undcrground 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 bcnefit relates to the improved safety of having the overhead wires placed undeq"rround and having the power poles removed, which eliminates the threat of downed power lines and poles due to wind and rain, All parcels that arc connected to and are directly adjacent to the utilities being underb'TOlll1d arc considered to receive the same special bendit fi'om thc undcrb'TOunding project. Thcrefllre, these properties arc assigned one (I) Safety Benefit Point (SBI') for Improved Safety, . Improved Service Reliability Benefit. This hcncfit relates to the enhanced reliability of service fi'om the utilities being underground, due to having all new wires and equipment and having that equipment underground, which eliminates the threat of servicc interruption fi'om downed' power lines. ^II properties that receive service from the facilities to be underb'TOlll1d arc considered to receive special benefit based on the relative energy usage associated with the type of use on the property, " In ordcr 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 SPR parcel equals one (I) Reliability Benefit I'oint (RBP), Every other land usc is convcrted to RBI"s as described below, Other residential properties arc compared to a SFR parcel based on the number ol'potential or aclual dwelling units on them whichever is higher. These other residcntial properties consist ol'parcels with 2, 3 and 4 dwelling units on them, as well as condominiums and townhouses. Based on the Marin County Assessor's data, the median building area per dwelling unit for these types 01' residential properties with the ^sseSSlllent District boundaries is 1,456 square feet (sf). The median SFR dwelling in this Assessment District is 2,400 sf. Looking at the PG&E Design Electrical Manual fl)j' the North Bay ^rea. which inclndes Tiburon, dwelling units between 1,000 sf anel 1,499 sf use approximately Q:\lihlll'clIl\LyfOl'(j OI\'c\RqHlrl\lyful(l cove Ihl rpl II-lIov-(J-+.doo.; II I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 8 70% of the energy that dwelling units between 1,500 sf and 3,000 sf do. lllerelore, multiple residential properties are assigned 0.70 RBP's for each potential or actual dwelling unit on them based on the eurrcnt zoning on the property, Non-residential properties are converted to RBp's based on the average size for a SFR lot within the Assessment District. Based on the data that we have reviewed, the average SFR lot is approximately 9,600 sq. ft, which is approximately 4.5 dwelling units per acre. lllerefore, non-residential parcels are assigned 4.5 RBP's per acre or any portion thereof. There is only one non-residential property within the Assessment District: Assessor's Parcel Number (APN) 059-172-46. This property is zoned Neighborhood Commercial and derives an additional economic benefit from the service it receivcs from the overhead wires, Therefore, this property is considered to receive twice the benefit of residential property for reliability ofservicc and is assigned 9.0 RBP's per acre. The three categories of Benefit Points arc 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 types of parcels are considered to be exempt from the assessment due to their having no benefit from the i,~provements because they have virtually no potential for development: . Parcels that are unbuildable because they are too small or are part of lidallands . Parcels that are too small for a dwelling unit but have ancillalY uses to othcr rcsidential properties, stich as garages or carports. . Parcels that are designated as Open Space, ineluding the Lighthouse Historic Landmark. These properties are assigned 0 Benefit Points, Exceptions 111ere have been two previous utility undergrounding districts within the arca of Lylord Cove: Mar East Utility Under6'Tounding Assessmcnt Dish'ict No. 83-1 and Linda Vista Utility Undergrounding Assessment District No. 1994-02. Thc parcels within and adjacent to thcsc Undcrgrounding Districts, which undergrounded a portion of the overhcad utilities in Mar East Street and Linda Vista Avenue, are exceptions to the above outlined Benefit Point assignments, Mar East Assessment District No. l13-1. Most of the parcels within this assessment district are not adjacent to any poles and wires being undergrounded through the proposed Lyford Cove Utility Undergrounding Distlict No, 2004-01 and are there lore not included in this assessment; however, there are four parcels that are, . Two properties within the Mar East Assessment District receive their service to the west li'om existing poles and overhead wires in Paradise Drive. The properties that are connected to lines in Paradise Drive are considered to receive half the bendit for improved safety and no additional benefit li'om property aesthetics as they have already participated in anunder6~'ounding assessment and are deemed to have paid for this benefit. llleY do, however, receive full benefits li'om improved service reliability, The APN's with this benefit are: 059-203-()3 059-203-21 Q:\libUnltl\Lyrord Cove\l{epml\lyrord cove rill rpl 11-llov.().1.,doc = I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 9 . APN's 059-203-04 and 059-203-26 appear to be adjacent to the poles and wires to be undergr\)lIIlll in Paradise Drive, but due to topography have no access or view to those poles and wires. In addition, these properties arc connected to the previously underground facilities in Mar East Street. Thef'dore, these properties are deemed to receive no benefit from the proposed improvements and are exempt fTOm this assessment. Linda Vista Assessment District No. 1994-01. The parcels to the north of this portion of Linda Vista A venue arc the only properties within Assessment District No, 1994-02 which paid for the underb'Tounding to improve the view in the southerly direction, towards San Francisco Bay. . Halfofthe properties within the Linda Vista Assessment District receive their service to the north hum existing poks and overhead wires in Paradise Drive. The properties that are connected to lines in Paradise Drive are considered to receive halfthe benefit for improved safety and no additional benefit from property aesthetics as they have already participated in an undergrounding assessment and are deemed to have paid for this bene1it. They do, however, receive full benefits from improved service reliability, The APN's with this benefit arc: 059-143-41 059-191-16 059-191-21 05')-191-22 . The properties that are within Assessment District No. 1994-02 and also connect into the underground Linda Vista Avenue lines are considered to receive half the benefit from service reliability, as their small system is completely surrounded by and dependent on the larger overall system that is to be undergrounded, and halfthe bene/it from improved safety as ingress and egress f).om their property is directly afleeted by overhead lines and poles, and no additional benefit from propeJ1y aesthetics, as they have already participated in an undergrounding assessment and arc deemed to have paid Jor this bene/it. . The APN's with this benefit arc: 059-143-39 059-143-40 059-191-19 059-191-20 . The parcels adjacent to this undergrounded portion of Linda Vista A venue are ten townhouses and two R-2 properties that receive their service connections from the previously undergrounded facilities but were not part of Assessment District No, 1994-02. There arc existing poles and overhead wires to the south of these properties in Mar East StTeet. These properties are considered to receive half the benclit from service reliability, as their small system is completely depeudent upon the larger overall system that is to be undergrounded, and half the benefit (fom improved safety; however, they are deemed to bene/it from the improved property aesthetics from the proposed undergrounding project. The APN's with this bene/it arc: 059-110-()J 059-110-02 059-143-21 059-110"03 059-110-04 059-192-11 059-110-05 059-110-06 059-110-07 059-110-08 059-110-09 059-110-10 ASSESSMENT APPORTIONMENT Based on the findings above, it is 0111' conclllslOn that the improvements specially benefit all developable properties in the Assessment District in propOItiDn to the number of Bene/it Points calculated/()r each property, such that: Q:\lihunm\I.yliJrd Cnvt:\/{cporL\lyliml covt: lill rpl I 1-l1ov-()']dllC II \ Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 10 Safety Benetlt Points + Reliability Benefit Points + ^esthetics Benetlt Points = Total Benefit Points The following table provides an example of how the Benefit Points are calculated. Saml,le Tvpical Benefit Point Calculation Table PotenlialExisting Aesthetics Safety Reliability Total Existing Number Number Highest Benefit + Benefit + Benefit = Benefit Zoning of Units of Units Use Points Points Points Points RO-2 1 1 SFR 1 + 1 + 1.0 - 3,0 RO-2 2 1 2 DU 1 + 1 + 1.4 = 3.4 R-1 1 1 SFR 1 + 1 + 1 = 3.0 R-1 2 2 2 DU 1 + 1 + 1.4 = 3.4 R-2 2 1 2 DU 1 + 1 + 1.4 - 3.4 R-2 2 2 2 DU 1 + 1 + 1.4 - 3.4 R-2 1 2 2 DU 1 + 1 + 1.4 3.4 R-2 1 1 SFR 1 + 1 + 1 3 R-2 2 3 3 DU 1 + 1 + 2.1 - 4.1 R-2 2 4 4 DU 1 + 1 + 2,8 - 4,8 R-2 1 1 Condo 1 + 1 + 0,7 - 2.7 RMP 1 1 Condo 1 + 1 + 0,7 = 2.7 NC ,09 acres COM 1 + 1 + 0.81 = 2,81 Zonina Codes: HiQhest Use Codes: RO-2 - Residential Open with 1 Unit Per Parcel SFR ::: Single Family Home R-1 - Single Family Residential with 1 Unit Per Parcel 2 DU = 2 Dwelling Units RO~2 & R-1 (with a lot larger than 10,000 SF) with 2 Unit paterB DU = 3 Dwelling Units R-2 - Two Family Residential witll2 Unit potential 4 au = 4 Dwelling Units R-2 (with a lot smaller than 7,500 SF) only 1 Unit potential Condo = 1 Dwelling Unit (already subdivided R-2Iot) RMP - Townhome/Re~;ic1ential Multiple Planned COM = Commercial Use NC - Neighborhood Commercial Complete calculations fe" each assessment, providing the Benefit Points, the constntetion portion of the assessment and incidental and financial components of the assessment are included in the Appendix, Q:\libllnllIILyrord Cov~:\I{q)(lIt\lyr<)r<1 ~(lV(~ rill r pi II-II(IV.(J.LII<H.: == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 P9.Qe_1!. DESCRIPTION OF IMPROVEMENTS The following provides a description of the improvements proposed to be constructed, installed or acquired under the provisions ofthe Act. Within the County of Marin, State of California, located in the southerly part of the ,Town of Tiburon called Lyford Covc, the construction of the following public improvements, including all planning, design, construction administration and gcncral administration services, the acquisition of allneccssary rights of way, the acquisition ofliccnscs, franchises and permits and thcconstruction of all auxiliary work neccssary and/or convenient to the accomplishment thereof, in accordanec 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 tbe C(HII1Jy or Marin, Phasing will be undertaken in a manner that results in a eomplcte and functional portion or each system described below, The following improvements arc proposed to be constructed and installed in the general location rekrred to as Lyford Cove Utility Underb'fOlmding Assessment District No, 2004-0 I, I. Removal of existing overhcad 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. Thc improvements will bc designed by PG&E, SBC Communications and Comcas!. TIle Town ofTiburon will inspect thc work to ensure conformance to Town and County standards and spccifications whcre applicablc. Note: TIle foregoing improvements do not include any individual service connections on, privatc properties, Each owner of property located within the Assessment District will be responsible for arTanging till' and paying lor work on his or hcr property necessary to conncct facilities conslruel,ed by the public utilities in thc public streets and alleys to the points of connection on the private property. <-.!:\lihurn\\\Lyllwd l\IV\:\Rcpo\ll \\\yflln\ cove rill rp\ \ l-nov-\l4.doc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report November 11, 2004 Page 12 ASSESSMENT DIAGRAM A reduced copy of the Assessment Diab'fam is attached hereto, Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Omee ofthe Town Clerk of the Town ofTiburon, As required by the Act, the Assessment Diagram shows the exterior boundaries ofthe Assessment Dish;et 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 dimetlsions of each parcel of land. <):\lihulllll\Lyford Covc\JZcport\JyJi.nd cove fnl rpl II-nnv.i)c1,dnc = I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report November 11, 2004 Page 13 f LEGEHD: @ ASSESSMENT DISTRiCT BOUNDARY PARCEL UNE TOWN UMfTS ASSESSMENT NO. GRAPHIC SCALE '~...... ~ ? 'Co >f (1)lnE1') lln,.;h- 1M It Q:\libunlll\Lyford C:ove\J<cp()I'l\lyJ'urd cov..; lill rpl 11'I1()v-04.doc == I Harris & Associates Town ofTiburon November 11, 2004 Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report Page 14 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 1 059-132-09 $1,279,038 $0 $20,755.18 $20,754,94 61.6 2 059-132-30 $970,370 $0 $18,313.40 $18,313,19 53.0 3 059,132-28 $882,149 $0 $20,755,18 $20,754,94 42.5 4 059-132-22 $150,087 $0 $20,755,18 $20,754,94 7.2 5 059,132-27 $1,345,000 $0 $18,313.40 $18,313,19 73.4 6 059.141-20 $1,052,669 $0 $20,755,18 $20,754,94 50.7 7 059.141-27 $193,422 $0 $20,755.18 $20,754.94 9,3 8 059-141-26 $1,795,458 $0 $20,755.18 $20,754,94 86.5 9 059.141-31 $779,280 $0 $16,482.05 $16,481,87 47.3 10 059-141-32 $840,402 $0 $16,482,05 $16,481,87 51,0 11 059-141-17 $870,561 $0 $20,755,18 $20,754,94 41,9 12 059-141.16 $1,191,843 $0 $20,755.18 $20,754.94 57.4 13 059-141-15 $1,035,176' $0 $20,755,18 $20,754,94 49,9 14 059.141.33 $863,726 $0 $16,482,05 $16,481,87 52.4 15 059-141-34 $203,078 $0 $16,482.05 $16,481.87 12,:l 16 059-141-13 $177,635 $0 $20,755.18 $20,754.94 8,6 17 059-141-12 $122,392 $0 $20,755,18 $20,754.94 5.9 18 059,141-28 $457,720 $0 $20,755.18 $20,754.94 22,1 19 059-141-30 $172,143 $0 $18,313.40 $18,313.19 9.4 20 059.141.09 $777,968 $0 $20,755.18 $20,754.94 37.5 21 059,091-16 $915,891 $0 $18,313.40 $18,313,19 50,0 22 059-091-23 $184,911 $0 $18,313.40 $18,313,19 10,1 23 059-091-48 $853,396 $0 $20,755,18 $20,754,94 41,1 24 059-091-50 $174,914 $0 $20,755,18 $20,754,94 8.4 25 059,091-49 $159,490 $0 $20,755.18 $20,754,94 7,7 26 059-091-51 $274,289 $0 $20,755,18 $20,754,94 13.2 27 059-091-30 $207,527 $0 $20,755,18 $20,754,94 10,0 28 059,091-32 $500,020 $0 $20,755,18 $20,754.94 24,1 29 059-122-48 $1,008,528 $0 $20,755.18 $20,754.94 52.0 30 059-122-19 $155,606 $0 $18,313.40 $18,313,19 8.5 31 059-122-27 $f75,969 $0 $18,313.40 $18,313,19 0.6 32 059-122-30 $162,500 $0 $18,313.40 $18,313,19 8,9 33 059-122-21 $360,254 $0 $20,755,18 $20,754,94 17.4 34 059-133-14 $1,152,356 $0 $20,755,18 $20,754,94 555 35 059-133-15 $217,059 $0 $18,313.40 $18,313,19 11.U 36 059.133-23 $1,097,223 $0 $18,313,40 $18,313,19 59.9 37 059-133-22 $2,025,000 $0 $18,313.40 $18,313,19 110,6 38 059,133-19 $1,500,000 $0 $20,755,18 $20,754,94 72.3 39 059,133-16 $181,035 $0 $20,755,18 $20,754,94 8.7 40 059-133-05 $1,248,526 $0 $20,755,18 $20,754,94 60,2 41 059.133-20 $1,298,803 $0 $20,755.18 $20,754,94 62,6 42 059-133-24 $1,316,656 $0 $18,313.40 $18,313,19 71.9 43 059-122-17 $946,123 $0 $20,755,18 $20,754,94 45.6 44 059.122.40 $1,172,716 $0-$20,755,18 $20,754,94 56,5 40 059-122-47 $481,737 $0 $18,313.40 $18,313,19 26.3 46 059-122-46 $275,026 $0 $20,755,1 B $20,754,94 13,3 47 059-122-22 $475,322 $0 $18,313,40 $18,313,19 26,0 48 059-350-04 $549,348 $0 $16,482,05 $16,481,87 33,3 49 059-350-03 $410,731 $0 $16,482,05 $16,481,87 24,9 50 059-350-02 $841,775 $0 $16,482,05 $16,481,87 51,1 51 059-350-01 '$890,248 $0 $16,482.05 $16,481,87 54.0 52 059-133-13 $677,547 $0 $20,755,18 $20,754,94 32,6 5:\ 059-133-12 $363,981 $0 $18,313.40 $18,313,19 1 ~).~ 54 059.133~11 $1,268,012 $0 $20,755,18 $20,754,94 01.1 55 059.133-18 $281,588 $0 $20,755.18 $20,754.94 13,6 56 059,133-17 $573,554 $0 $20,755.18 $20,754,94 27,6 57 059.133-09 $476,849 $0 $20,755,18 $20,754,94 23,0 58 059-133-08 $532:'206 ----'$0-'$20)5518 $20,754,94 2:5,6 50 059-142-10 $270,813 $0 $20,755,18 $20,754,94 13,0 GO 059-142-11 $1,198,757 $0 $20,75S_18 $20,754.94 ~)7.8 Q:\tihurnn\[ .ylord Cow\lh:pnrl\lyfiml cove lid Ipt 11-Il(lv.O-I.dnc == I Harris & Associates Town ofTiburon November 11, 2004 Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report Page~ Assessor's Total Assessments as Assessments as Assessments as. Value Asml Parcel Assessed Existing Preliminarily Confirmed and Modified after to Lien No. Number Value liens Approved Recorded Recordation Ratio 61 059-142-18 $79,102 $0 $16,482.05 $16,481.87 4.8 62 059-142-13 $2,114,340 $0 $20,755,18 $20,754.94 101,9 63 059-142-02 $58,620 $0 $20,755.18 $20,754,94 2,8 64 059-142-19 $973,651 $0 $16,482,05 $16,481,87 59.1 65 059-142-14 $292,425 $0 $16,482.05 $16,481,87 17.7 66 059-142-15 $89,855 $0 $16.482,05 $16.481,87 5,5 67 059-142-16 $2,119,639 $0 $18,313,40 $18,313.19 115,7 68 059-142-17 $963,946 $0 $18,313,40 $18,313.19 52,6 69 059-142-07 $88,784 $0 $18,313.40 $18,313.19 4,8 70 059-201.08 $821,451 $0 $18,313,40 $18,313.19 44,9 71 059-201-37 $366,395 $0 $18,313,40 $18,313.19 20,ll 72 059.201.42 $851,146 $0 $18,313.40 $18,313.19 413.5 73 059-201-66 $957,148 $0 $20,755,18 $20,754,94 46.1 74 059.201-11 $670,625 $0 $18,313,40 $18,313.19 36.6 75 059-201-32 $1,172,489 $0 $20,755,18 $20,754.94 56.5 76 059-2111-33 $105,169 $0 $20,755,18 $20.754,94 5.1 77 1159-201-39 $172,293 $0 $20,755.18 $20,754.94 8,3 78 059-201-62 $859,452 $0 $20,755,18 $20,754,94 41.4 79 059-201-70 $263,508 $0 $20,755,18 $20,754.94 12,7 80 059-201-43 $979,8114 $0 $20,755,18 $20,754,94 47.2 81 059-201-05 $170,181 $0 $20,755,18 $20,754,94 8,2 82 059-201-34 $761,878 $0 $20,755.18 $20,754,94 36,7 83 059-201-35 $692,388 $0 $20,755,18 $18,313.19 37,8 84 059-201-02 $914,503 $0 $20,755.18 $20,754,94 44,1 85 059-201-01 $129,266 $0 $20,755.18 $20,754.94 6.2 86 059-201-51 $767,129 $0 $20,755,18 $20,754,94 37,0 87 059-201-50 $144,474 $0 $18,313.40 $18,313.19 7,9 88 059.201.49 $120,711 $0 $20,755,18 $20,754.94 5,8 89 059-201-52 $109,118 $0 $20,755.18 $20,754,94 5.3 90 059-201-53 $466,874 $0 $18,313,40 $18,313.19 25,5 91 059-201-48 $157,762 $0 $20,755,18 $20,754,94 7,6 92 059-201-47 $904,104 $0 $18,313,40 $18,313.19 49.4 93 059-201-54 $338,001 $0 $20,755,18 $20,754,94 1G.3 94 059-201-56 $147,851 $0 $20,755,18 $20,754,94 7..1 95 059.201.55 $131,896 $0 $20,755,18 $20,754,94 6.4 96 059-201-64 $666,733 $0 $20,755,18 $20,754,94 32.1 97 059.201.59 $1,099,627 $0 $16,482,05 $16,481,87 66.7 98 059-201-60 $1,139,305 $0 $16,482.05 $16,481,87 69,1 99 059-201,67 $1,242,436 $0 $20,755,18 $20,754,94 59.9 100 059-134,09 $1,002,837 $0 $18,313.40 $18,313,19 54,8 101 059-134,02 $1,450,000 $0 $18,313.40 $18,313,19 79,2 102 059-134-07 $1,273,337 $0 $20,755.18 $20,754.94 61.4 103 059-134-03 $267,140 $0 $18,313.40 $18,313,19 14.6 104 059-134-04 $135,778 $0 $20,755,18 $20,754.94 6.5 105 059-134,05 $438,594 $0 $18.313.40 $18,313,19 23.9 106 059-134,06 $162,478 $0 $18,313.40 $18,313,19 8,9 107 059.143.37 $735,044 $0 $20,755,18 $20,754.94 35.4 108 059-143-36 $744,752 $0 $20,755,18 $20,754,94 35_9 109 059-143-35 $1,249,766 $0 $20,755.18 $20,754.94 60.2 110 059-143-12 $386:931 $0 $18,313.40 $18,313.19 21,1 111 059-143-27 $129,309 $0 $20,755,18 $20,754.94 6,2 112 059.143-29 $1,165,8112 $0 $20,755,18 $20,754,94 56.2 113 059-143-24 $401,352 $0 $20,755,18 $20,754,94 19,3 114 059-143-28 $1,227 ,970 $0 $20,755,18 $20,754,94 59,2 115 059-143-20 $755,238 -$0-"$20)55-'-8-- $20,75494 36.4 116 059-143-16 $1,098.969 $0 $20,755,18 $20,754,94 52.9 117 059-143-15 $644.295 $0 $20,755.18 $20,754.94 31,0 118 059-143-21 $1,545,G23 $0 $13,429,82 $13,429.07 1"1::).1 119 059-143-38 $486,255 $0 $10,482.05 $16,481.87 29.5 120 059-143,39 $1,334.776 $1,01B,19 $5,1B8.79 $5,188.74 2S7.0 Q:\tibuflln\Lyfonl Covc\l{cporL\lylilrd COVl~ fill rpL ll-nov-04.doc = I Harris & Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report Assessor's Total Asmt Parcel Assessed No. Number Vallie 121 059-143-41 $1,249,085 122 059-143-40 $299,214 123 059-191.16 $350,854 '124 059.191-19 $1,049,221 125 059-191-20 $789,166 126 059-191-22 $667,695 127 05g~191~21 '$809,753 128 059-191-02 $160,712 129 059-191-03 $926,941 130 059-191.04 $1,060,125 131 059-191-06 $673,380 132 059-191,06 $703,930 133 059-191-14 $452,898 134 059-191-15 $1,220,872 135 059-191-12 $588,259 136 059-191-11 $621,644 137 059-191-10 $316,106 138 059-192.15 $373,256 139 059-110-10 $170,604 140 059-110,09 $572,749 141 059-110-08 $405,321 142 059-110.07 $642,624 143 059-110-06 $167,287 144 059-110.05 $929,940 145 059-110,04 $505,415 146 059-110,03 $392,164 147 059-110-02, $733,792 148 059-110,01 $468,229 149 059-192-18 $389,976 150 059-192-11 $177,996 151 059-192-12 $1,030,654 152 059-192.06 $864,754 153 059-193-21 $1,185,316 154 059-193-23 $596,856 155 059-193-24 $568,594 156 059-193-25 $549,215 157 059-193.26 $192,670 158 059-193-28 $110,830 159 059-193.29 $218,803 160 059-193,20 $964,928 161 059-193,19 $217,257 162 059-193-27 $1,007,474 163 059-172-46 $1,190,433 164 059.172-44 $1,132,758 165 059-172,05 $317,150 166 059.172.43 $2,218,312 167 059.340.02 $1,608,005 168 059-340,01 $1,448,170 169 059.172-42 $266,801 170 059-172-41 $1,053,869 171 059-172-40 $491,976 172 059,172-36 $406,226 173 059-181-72 $406,228 174 059,181-78 $438,088 175- 059:181-77 $282,062 17G 059-181-fl5 $76,723 177 059.181-54 $147,407 178 059-181-89 $518,103 179 059-1ii1:58'- $478,i'72 180 059-181-09 $258,884 Existing Liens $6,045.46 $0 $6,045.46 $6,263.65 $6,263.65 $0 $6,263,65 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Q:\Liburon\Lyl()rd C:uvc\Repoi'1\lyCunl cove lill I'pl II -lIllv-04.doc Assessments as Pre1iminarily Approved $9,156,69 $7,325,35 $15,871.60 $5,188.79 $5,188.79 $7,325.35 $7,325.35 $20,755,18 $20,755,18 $20,755.18 $20,755.18 $20,755,18 $20,755.18 $20,755,18 $20,755,18 $20,755.18 $20,755.18 $20,755,18 $11,293,25 $11,293.25 $11,293.25 $11,293.25 $11,293,25 $11,293,25 $11,293.25 $11,293.25 $11,293,25 $11,293.25 $25,028.30 $13,429,82 , $20,755,18 $20,755,18 $20,755.18 $16,482,05 $16,482.05 $16,482,05 $16,482.05 $16,482.05 $16,482,05 $20,755,18 $20,755.18 $20,755.18 $14,650,71 $29,301,10 $18,313.40 $18,313.40 $16,482.05 $16,482,05 $18,313,40 $20,755,18 $20,755.18 $25,028,30 $25,028,30 $16,482,05 $16,482.05 $18,313.40 $25,028,30 $29,30112 $20,75518 $25,028.30 Assessments as Confinned and Recorded $9,156,59 $7,325,27 $15,871.43 $5,188.74 $5,188.74 $7,325,27 $7,325,27 $20,754,94 $20,754.94 $20,754.94 $20,754,94 $20,754,94 $20,754,94 $18,313.19 $18,313,19 $20,754.94 $18,313,19 $20,754,94 $11,293,13 $11,293,13 $11,293,13 $11,293.13 $11,293,13 $11,293,13 $11,293.13 $11,293.13 $11,293.13 $11,293,13 $25,028,02 $13,429,67 $20,754,94 $20,754,94 $20,754.94 $16,481,87 $16,481,87 $16,481,87 $16,481,87 $16,481,87 $16,481,87 $20,754.94 $20,754,94 $20,754,94 $14,650.55 $29,301,01 $18,313,19 $18,313.19 $16,481,87 $16,481,87 $18,313,19 $20,754,94 $20,754.94 $25,028.02 $25,028,02 $16,481,87 $16,481,87 $18,313,19 $25,028,02 $29,301,00 ~$20.754~94 $25,028.02 November 11, 2004 Page 16 Assessments as Modified after Recordation Value to lien Ratio 135,8 40,8 21.7 201,0 150,9 91,1 109,7 7,7 44,7 51.1 32.4 33.9 21,8 66,7 32,1 30,0 17.3 18,0 15,1 50,7 35,9 56.9 14,8 82.3 44,8 34.7 65,0 41,5 15,6 13,3 49.7 41,7 57.1 36.2 34,5 33,3 11.7 6,7 13,3 4G.5 10,5 48,5 81.3 38,7 17,3 121:1 97,6 87,9 14.6 50.8 23,7 16,2 16,2 26,6 17,1 4.2 5.9 17.7 ----_._--~ 23.0 10,3 = I Harris & Associates Town ofTiburon November 11, 2004 Lyford Cove Utility Undergrounding Assessment District No, 2004-01 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 Li~n No. Number Value Liens Approved Recorded Recordation Ratio 181 059-181-86 $193,333 $0 $20,755,18 $20,754,94 9,3 182 059-181.80 $995,065 $0 $20,755.18 $20,754.94 47,9 183 059-181.12 $1,320,229 $0 $20,755.18 $20,754,94 '63~ 184 059-181-90 $1,553,364 $0 $20,755.18 $20,754,94 74.8 185 059-181-87 $519,454 $0 $18,313.40 $18,313.19 28.4 186 059-181.91 $972,529 $0 $20,755.18 $20,754,94 46.9 187 059-181-16 $421,250 $0 $20,755.18 $20,754,94 20,3 188 059-181-18 $1,115,264 $0 $20,755.18 $20,754,94 ~j3. 7 189 059-181-81 $1,885,325 $0 $18,313.40 $18,313,19 102.9 . 190 059-181-83 $1,839,425 $0 $18,313.40 $18,313,19 100.4 191 059-181-73 $1,236,341 $0 $18,313.40 $18,313,19 67.5 192 059-181-74 $248,291 $0 $18,313,40 $18,313,19 13,6 193 059-181-75 $641,229 $0 $20,755.18 $20,754.94 30,9 194 059-181-76 $818,662 $0 $18,313.40 $18,313,19 44.7 195 059-400.01 $211,608 $0 $20,755,18 $20,754,94 10,2 196 059-400-09 $1,860,058 $0 $18,313.40 $18,313,19 101,6 197 059-400.10 $1,500,624 $0 $20,755,18 $20,754.94 72,3 198 059-400-04 $925,770 $0 $18,313.40 $18,313,19 50.6 199 059-194-71 $195,271 $0 $18,313,40 $18,313,19 10,7 200 059-194.88 $286,059 $0 $20,755.18 $20,754.94 13,8 201 059-194-89 $334,482 $0 $20,755,18 $20,754.94 16,1 202 059-194-84 $153,878 $0 $18,313,40 $18,313,19 8.4 203 059-194.68 $139,227 $0 $18,313.40 $18,313.19 7,6 204 059-194.69 $325,869 $0 $18,313.40 $18,313,19 17,8 205 059-194-83 $1,496,740 $0 $18,313.40 $18,313,19 81,7 206 059-194 -93 $1,736,531 $0 $20,755,18 $20,754,94 83,7 207 059-194-96 $2,123,926 $0 $16,482,05 $16,481,87 128,9 208 059.194.97 $145,816 $0 $16,482,05 $16,481,87 8,8 209 059-194-81 $322,435 $0 $20,755,18 $20,754,94 155 210 059-194-72 $778,939 $0 $16,482,05 $16,481,87 47,3 211 059-194-73 $224,486 $0 $16,482,05 $16,481,87 13.8 212 059-194-78 $112,485 $0 $20,755,18 $20,754,94 5.4 213 059-194,38 $66,092 $0 $20,755,18 $20,754,94 3,2 214 059.194-74 $1,434,515 $0 $20,755,18 $18,313,19 78,:1 215 059-194-40 $854,530 $0 $20,755,18 $20,754,94 41,2 216 059.194-61 $827,082 $0 $20,755,18 $18,313,19 45.2 217 059-194-62 $105,902 $0 $20,755.18 $18,313.19 5.8 218 059.204-01 $1,026,958 $0 $20,755.18 $18,313.19 56.'1 219 059-204,02 $2,078,080 $0 $20,755,18 $18,313,19 113.5 220 059-203-12 $150,003 $0 $20,755.18 $20,754,94 7.2 221 059-203-28 $3,056,009 $0 $20,755,18 $20,754,94 147,2 222 059-203-23 $1,325,826 $0 $20,755.18 $20,754,94 63,9 223 059-203-18 $550,000 $0 $20,755,18 $18,313,19 30,0 224 059.203.19 $215,451 $0 $20,755.18 $20,754,94 10.4 225 059-203-21 $366,415 $0 $11,598.48 $11,598,35 31.6 227 059-203-03 $626,948 $0 $9,156,69 $9,156.59 f;S.5 228 059-203-26 $630,218 $0 $11,598.48 $0,00 nla $160,910,548 $31,900 $4,260,000.00 $4,223,936,00 37,8 ():\tihllrnn\Lyrord CoVt:\RCPllrl\lyl(lrd C(lve fill rpl 11-nov-O'1 ,dnc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004.01 Final Engineer's Report November 11, 2004 Page 18 NAMES AND ADDRESSES OF PROPERTY OWNERS The following Table 2 contains the names and addresses of property owners within this district: Asm! APN Owner Name Mailing Address No, 1 059.132-09 MAVROMIHAlIS STEVEN G & VICKIE K 220 DIVISO ST BELVEDERE-TIBURON CA 94920 2 059-1:32-30 REIMER RANDALL L & VAZ GERADETTE M 2051 CENTRO EAST ST BELVEDERE-TlBURON CA 94920 " 059-132-28 FAIRCHILD SALLIE P TR 2077 CENTRO EAST ST TIBURON CA 94920 4 059-132-22 HEERMANN GERAlD W TR 249 RIVIERA DR SAN RAFAEL CA 94901 5 059-132-27 MULLER JAN TR & FLEMMING JANIS TR 1554 PAOLI PIKE #310 WESTCHESTER PA 19380 6 059-141-20 MOODY TOO C TR & CARRICO LUCILE A TR 2111 CENTRO EAST ST BELVEDERE-TIBURON CA 94920 7 059-141-27 ROGERS MARY E TR & TR 2145 CENTRO EAST ST TIBURON CA 94920 8 059-141-26 PETRI FARIDEH 41 REED RANCH RD TIBURON CA 94920 9 059-141-31 KEITH TERRJ 2175 E CENTRO TJBURON CA 04920 10 059-141-32 LAUMAN RICHARD H JR & NEWTON DEBORAH 2177 CENTRO EAST ST TIBURON CA 94920 11 059-141-17 o CONNOR JAMES H TR 2195 E CENTRO TIBURON CA 94920 12 059~141-16 MURATA MASAHIBO & YASUKO 156 BAY VIEW AVE TIBURON CA 94920 13 059-141-15 HAYES TIMOTHY 0 UE 22112219 CENTRO EAST ST TIBURON CA 94920 14 059-141-33 BROEK ONNE 2223 CENTRO EAST ST TIBURON CA 94920 15 059-141 ~34 WEAR SlEVEN M 2227 CENTRO EAST ST TIBURON CA 94920 16 059~141-13 VEITH HANS VaN VALENTINI 2235 CENTRO EAST ST TIBURON CA 94920 17 059-141-12 NEVERS MARGERY L TR 2308 E MAR TIBURON CA 94920 18 059-141-28 HENRIKSEN LYNN C TR 2290 SPANISH TRAIL RD TIBURON CA 94949 19 059-141 ~30 STOTTER LAWRENCE H TR & RUTH TR 2244 VIST AZO EAST ST BELVEDERE.TIBURON CA 94920 20 059-141-09 MILLER ROBERT G & CHRISTINE E 2236 VISTAZO EAST ST TIBURON CA 94920 21 059~O91-16 CHAPMANJAMESJTR 2255 VISTAZO EAST ST TIBURON CA 94920 22 059-091-23 FORELL CAROL E TR & TR 2299 SPANISH TRAIL RD BELVEDERE-TIBURON CA 94920 23 059..091-48 STAFFORD RONALD T 2309 SPANISH TRAIL RD TIBURON CA 94920 24 059-091-50 BERTRAND PATRICIA R PO BOX 133 TIBURON CA 94920 25 059 091-49 BERTRAND PATRICIA R PO BOX 133 TIBURON CA 94920 26 059 091-51 RISCH CRAIG & HOATH PAM 2349 SPANISH TRAIL RD TIBURON CA 94920 27 059-091-:iO DREW W LAWRENCE TR &. ANNE S TR 2345 SPANISH TRI. TIBURON CA 94D20 28 059.091-32 DAGLEY ROBERT F &. PAMELA J 2375 SPANISH TRAIL RD TIBURON CA 94920 29 059-122-48 MUSSEY .JOHN M 2000 E CENTRO TIBURON CA fl4920 30 059-122-19 MC RORY EINA K TR 3 TOWER POINT LN TIBURON CA j.j4920 31 059-122-27 GLEASON JOHN B TR &. ELISABETH G TR 5 TOWER POINT LN BELVEDERE-TIBUI~ON CA 94920 32 059-122-30 KAWAMOTO CASEY A 2040 E CENTRO ,BELVEDERE-TlBURON CA 94920 :l:~ 059-122-21 HANSEN GARY V &. FANI D 2050 E CENTRO TIBURON CA 94920 34 059-133-14 YOUNG THOMAS C TR &. MARY A TR 2060 CENTRO EAST ST BELVEDERE-TIBURON CA 94920 35 059-133-15 STROlZ AUGUST K TR &. MARIANNE TR 2070 CENTRO EAST ST TIBURON CA 94920 36 059-133-23 LANG LAWRENCE H TR &. LACY A TR 2090 CENTRO EAST ST TlBURON CA 94920 37 059-133-22 LUNDGREN H DAVID 2100 E CENTRO TIBURON CA 94920 38 059-133 19 WITTENBERG MALCOM B &. BONNIE L 5 EDGEWATER RD BELVEDERE-TIBURON CA 94920 39 059-133" 16 ALBRIGHT EDWARD E TR &. RUTH A TR 2122 E CENTRO TlBURON CA 94920 40 059~ 133-05 DIETRICH DEAN J 2140 CENTRO EAST ST TIBURON CA 94920 41 059 133-20 SINGERMAN WILLIAM 0 TR 11 ROSEVllLE CT 'TlBURON CA 94920 42 059-133-24 LYNCH LESUE 0 & DIANE L D 171 SOLANO ST BELVEDERE TIBURON CA 94920 43 059-122-17 MASSON MATTHEW P TR &. RO(:lERTA M G TR 1 RESERVA IN TIBURON CA 04020 44 059-122-40 PLACAK ROBERT C TR 10 TOWF.R POINT LN TIBURON CA 94920 45 05g.12L-47 MUSSEY JOHN M &. TERESA L 2000 CENTRO EASE TIBURON CA 94020 46 059-122-40 ELBERG HAROLD S TR & MARGO TR #1 TOWER POINT LN TIBURON CA 94920 47 059-122-22 OUTTEN WARREN B TR 9 TOWER POINT LN TIBURON CA y4920 48 059-350 04 MATOusEK ROBERT L ETAL 2079 B PARADISE DR TIBURON CA 94020 49 059 350-03 MILLER WILLIAM E &. KAREN K 2079 A PARADISE DR TIBLJRON CA 94920 50 059-350.02 VORA KIRIT &. GITA 1777 BLUE HERON CT BLOOMFIELD HilLS MI 48302 51 059-350-01 WINNERS DONALD L 2081 A PARADISE DR TIBURON CA 04920 S2 059-133-13 GLAVES KRISTINA L 2125 PARADISE DR TIBURON CA g4920 53 059-133-12 JONES RICHARD P 2129 PARADISE DR TIBURON CA 94920 54 059-133-11 ABU HALAWA MUSTAFA J 319 JOHNSON ST SAUSALlTO CA 94965 55 059-1:13-1tl STROMBERG ELISABETH B 2145 PARADISE DR l'IBURON CA D4920 56 059.1:13.17 TOEPEL MICHAEL A & TERESA 2155 PARADISE DR TIBURON CA 949?O 57 059-133-09 LOMBARDO MAURICE & .JOAN 2165 PARADISE DR TIBURON CA 9492D 58 059-1:J3.0fl HOLSCHER DAVID J & PHOEBE A N 21 ':)5 PARADISE DR TIElURON CA 94920 59 059-142-10 GREEN ANN C 180 SOLANO 8T TIBURON CA 94Q20 60 059-142-11 BAILEY DARRY &. LEILA 172 SOLANO 5T TIBURON CA 04020 61 059-142-18 MAY MARGARET C . ,-, 1 GO SOLANO 5T TI8URON CA 911920 62 059~142-1:J GIRD BRAD TR & ELlZAElETH TR 2205 PARADISE DR BEl.VEDERE- TIBURON CA 94Sl20 {i3 059.142.-02 EISEL\N ROLF TR SWITZERLA.NO SWITZERLAND 0 04 05914219 DAVIS DOLORG.S 162 SOLANO ST TIBURON CA SJ4920 Q:\tibUrilll\Lyronl CllVl:\Rc[lort\lylim[ Cllve till rflt J 1-1I\lv-04.doc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report November 11, 2004 Page '19 --- Asml APN Owner Name Mailing Address No, 65 059-142-14 ELSBERG ROBERT S TR & CYNTHIA C TR 2250 CENTRO EAST ST TIBURON CA ~)4H;~O 66 059-142-15 ELSBERG ROBERT S TR & CYNTHIA C TR 2250 CENTRO EAST ST TIBURON CA Q4~j20 67 059-142-113 COOKE PHILIP K TR & JULIE 0 TR 2260 CENTRO EAST ST TIBURON CA !J4920 68 059.142-17 GAFFNEY GAIL E & JOYCE MARK S 2265 PARADISE DR BELVEDERE-TI8URON CA 94920 69 059-142-07 EVJE WENDYW 2277 PARADISE DR TIBURON CA 94920 70 059-201-08 WHITCRAFT JAMES S TR & PATRICIA N TR /308 SUMMER MESA DR LAS VEGAS NV 80144 71 059-201-37 BASS SHARON S 2300 SPANISH TRL BELVEDERE-TIBURON CA 94920 72 059-201-42 GEHRMANN ROBERTA A TR 2304 SPANISH TRAil RO TJBURON CA 94920 73 059-201-66 BERNAL JEROME.I TR 2310 SPANISH TRAIL RD TIBURON CA 04020 74 059-201~11 BROWN SHELLEY N rrRl 2300 VISTA DEL MAR LN TIBLJRON CA fJ4$120 75 OS9-201-32 NORRIS WILLIAM & JOY 2312 SPANISH TRAIL RD TIBURON CA 94920 76 059-201-33 WHITTINGHAM KIRKE 0 TR 2356 SPANISH TRAIL RO BELVEDERE-T1BURON CA 94~)n 77 059-201-39 DE MARTINI ANN L TR & TR 2323 VISTA DEL MAR LN BELVEDERE-TlBURON CA 94920 76 059-201..(J2 BRADLEY STEPHEN & KATHLEEN 2380 SPANISH TRAIL RD TIBURON CA 9t1D20 79 059201-70 KING DANIEL W TR & MEETAC C rR 2420 SPANISH TRAIL RD TIBURON CA 94920 "0 059201-43 HOSTETTER BRENDA C 2305 E CENTRO T\8URON CA 94H7,0 81 059-2Q1-05 BELLINGER JEFFERY G NANC PO 130X 66 TIBURON CA 94920 82 059-201-34 GORNET MICHAEL E & ELIZABETH P 2305 PARADISE OR TIBURON CA 94920 83 059-201-35 WINTERSTEEN J J 2315 PARADISE DR TIBURON CA 94920 84 059-201-02 HARDESTY KAREN Z TR 911 MAIN ST STE 217 BELVEDERE-TIBURON CA 949<!0 80 059~201-01 BARATY EDWARD V TR & SUSAN M TR 100 THORN DALE DR - 243 SAN RAFAEL CA 94903 86 059.201-51 QUINN WALLACE G & SUSAN Z 2343 PARADISE DR TIBURON CA H492ci 37 059-201-50 TALBOT BERTRAM .J TR PO BOX 651 BELVEDERE-TIBURON CA 04~26 nH 059-201-49 AUREGUY EUGENE P TR & KIMBAL TR 84 BARBAREE WAY TlBURON CA 9497,0 89 059-201-52 MILOSEVICH GEORGE TR & ANITA M POBOX 11838 ZEPHYR COVE NV 119448 90 059-201-53 MOORE ROBIN L 2360 VISTA DEL MAR LN TIBUfWN CA 94!J20 91 059-201-48 GISVOLD DARRELL 1 1834 W CENTRO - 1 ST TIBURON CA 94\W! 92 059-201-47 SEAMAN T A1NA L 2389 PARADISE DR BELVEDERE-TIHURON CA 94\-l;~0 93 059-201-54 HARRISON ROBERT L & HILDA M 2370 VISTA DEL MAR LN TtBURON CA ~\4~%O 94 059-201.56 MURRAY PAMELA T & ALANNA D 6628 LAS ANIMAS OR MARTINEZ CA 945!i3 95 059-201-55 WIRTH DOUGLAS H TR ETAL & MURRAY PAMELA T 470 MC CALL DR BENICIA CA 94510 96 059-201-64 LYNCH EDWARD L 2441 PARADISE DR TlElURON CA 94020 97 059-201-59 SCHWAKOPF DENNIS & TERRY 240n VISTA DEL MAR LN TIBURON CA n4B2o 98 059-201-60 SILL IGOR M & CYNTHIA E 2 HARTEL CT TIBURON CA g4n2o 99 0~9-2U1..(J7 MEYER JOHN A TR 2485 PARADISE DR TIBURON CA \J4!120 100 059-134.09 KLEIMAN GREGORY & STELLA 2101 E MAR TIBURON CA 94920 101 059-134-02 WHITE RAYMOND L TR 2150 PARADISE DR T1BURON CA fj4~)/.O 102 059-134.07 MCMULLEN MIKE & KAREN 2105 MAR EAST ST TIBURON CA \WWl 103 059-134.03 SUGASKI LLOYD J TR & TR 21 GO PARADISE DR - BEl.VEDERE TII:~URON CA U4WO 104 059-134-04 VAN RAVENSWAAY THEODORE TR & NANCY TR 125 SOLANO ST TIBURON CA \)4\)20 105 059-134-05 HADDAD SAMl M TR & LOIS N TR 115 SOLANO ST TIBURON CA \l4!)20 106 059-134 06 FOX MARY W 45 MILLAND DR MILL VALLEY CA \l4!-)41 107 059-14337 NAVONE PATRICIA T 2200 PARADISE DR TIBURON CA 91D20 108 059-143 36 HARABUROA CATHY C 120 A SOLANO S1' TlBURON CA ~)1!J20 109 059 143 35 ANDERSON COURTNEY L C 8. SANDRA A 110 SOLANO ST TIBURON CA U<192il 110 059-143.12 o NEill THOMAS A TR & PEGGY A TR 2205 MAR EAST 5T TIBURON CA fj4920 111 059-' 43-27 POWELL FRANCIS R TR 2242 PARADISE DR TIBURON CA 9197,0 112 059-143-29 HACKETI CLARE G ESTATE OF 1 LINDA VISTA AVE TIBURON CA ~4920 113 059-143-24 FAZIO ROCCO R TR & CAROL C TR 3026 112 BUCHANAN 5T SAN FRANCISCO CA 94123 114 059.143-28 DODDS NEIL A & MARGARET E 2250 PARADISE DR BELVEDERE-TIBLJRON CA 94920 115 059-143-20 MARTINEZ DAVID 227U PARADISE DR TIBURON CA ~)4020 116 059-143-10 DENEZZA RICHARD L 2280 PARADISE DR T\BURON CA 91020 117 059-143-15 DIMMICK JOHN T TR & DANA K TR PO BOX 310 GARBERVILLE CA 9~542 118 059-143-21 HARDWICK KAREN L 7 LINDA VISTA AVE BELVEDERE-rIAL/RON CA fl4920 119 059-143-38 YOUNG PATRICIA F 22\18 PARADISE DR BELVEDERE-TI8URON CA ~J4920 120 059-143 39 FRYMJER MATTHEW D & COLE-FRYMIER CATHERINE E 9 LINDA VISTA AVE BELVEDERE-TlBUrWN CA 94920 121 059-143-41 MITCHELL LAWRENCE A JR & DEBORAH H z:no PARADISE DR TIBURON CA ~WJ20 I~ OS9 143-40 GIRTLER EVERETT & BETTY TR 11 LINDA VISTA AVE TIBURON CA ~Jt1Q20 123 059191-16 FREEMAN KAY METAL 1321 3RO ST SAN RAFAEL CA 94901 124 059-191-19 SCHOFIEl.D ANTHONY TR 1423 MC GILVRA ffE SEATTLE WA 08112 125 059-HI1-20 LYNESS JAMES 0 & PATRICIA M 1911NDA VISTA AVE TIBURON CA 94920 126 059-191-22 WOOD MADELINE TR 2336 PARADISE DR TIBURON CA 94920 127 059-191-21 EVANS JUDITH K TR & EVAN L TR 23:\4 PARADISE DR TIBURON CA \WJ20 121\ 05g-1'J~-{)2 TEA.THER JEFFREY S 19 LUPINE CT SAN RAFAEL CA 94\-101 129 050-191-03 HRUCE HENRY C TR & NANCY H TR 18 SAN RAFAEK AVE SAN ANSELMO CA \)40GO 130 059-191.04 E3ARTLETT PHILLIP C & PAMEl.A E 2:1GO PARADISE DR TIBURON CA !)1~120 131 059-191.0:; NORTHERN TRUST BK OF CAi. T . ~flO CALIFORNIA 5T STE 1800 ,- SAN FRANCISCO CA D4'I04 112 O!-i9.191-0(; TYMSTRA PETER .J TR & JEANNE C TR ~~:ll)() PARADISE OR BElVEDERE-TH3URON CA \l4D;!O 1:l:l 059.1!J1-14 SUICI'I ROBERT T TR & BARBARA W TR PO BOX fiG1 TII3URON CA !;l4U20 134 OSO-1D1-15 EILERS A SEAN & NOHI.E MONICA - S5 LINDA VISTA AVE TIBURON CA ut1U20 Q:\tihuron\Lyford Cove\Rcport\lyliml cove Ihlrpl Il-nov-04.Joc == I Harris & Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 20 Asmt APN qwncr Name Mailing Address No. 135 OS9191-12 MECCA ANDREW M & KATHLEEN M 2:~B 1 MAR EAST 5T TIBURON CA H4~)20 136 059191-11 CASTELl.ANA VALERIE A 2387 E MAR TIBURON CA !-l4H20 137 059-191-10 JOINER JERRY M TR & JEANNE T TR :>.:l93 MAR EAST $T TIBURON CA H4920 138 059-192-15 BENSON LLOYD F TR 2219 MAR EAST 5T BElVEDERE-TIBURON CA !-J4920 139 059-110-10 PROCTOR ROBERT S TR PO BOX 1639 ZEYHYR COVE NV 1.1844B 140 059-110-09 BELLUOMINI SHARON S B LINDA VISTA AVE TIBURON CA 94920 141 059-110-08 LEGAC LINDA M 10 L1NOA VISTA AV TIBURON CA ~)4!J20 142 059-110-07 A AND L L TD PTNRS 124 STILLWATER CT MARCO ISLAND FL 3 41 4:>000 143 059-110-06 BORDEN STEVEN G & ANN R 200 PEACOCK DR SAN RAFAEL CA 94901 144 059-110-05 COWENS J WAYNE & PAMELA R S PO BOX 1042 TIBURON CA nl1U20 145 059.110-04 HUNT CONSTANCE B TR 10 MALLARD RD BElVEDEREMTIBURON CA ~J4U20 146 059.110.03 HUNT MARSHALL I & MARILYN R 20 LINDA VIS TH3URON CA 04920 147 059-110-02 MAC MILLAN CATHERINE TR - 22 LINDA VISTA AVE BELVEDEREMTIBURON CA 94920 148 059-110-01 HUNT DANIEL G 484 IRVING CT TIBURON CA 94920 149 0~9-192-18 SIMMONS JOHN L 4655 HIGH DESERT CT SPARKS NV 894:30 1~0 059.192.11 CIMOLlIRENE M TR & GINO N PO BOX 4102 SAN RAFAEL CA 9491:1 151 059-19212 WINTER-MEINBERG LINDA C & MEIN8ERG KLAUS 2275 MAR EAST ST TIHLJRON CA 94U20 152 059-192-06 BIALLA VITO R TR & LINDA B TR 34 LINDA VISTA TIBURON CA 94920 153 059-193-21 CREIGHTON JAMES 36 LINDA VISTA TIBURON CA. MH20 154 059.193.23 GREENBERG ARTHUR R & BARBARA 0 2309 E MAR BELVEDERE-TIBURON CA (W120 155 059-193-24 LIVINGSTON LAWRENCE JR TR 2311 EMAR TtBURON CA H4~l:>'O 156 059-193-25 HARRELSON THERESA L 2317 MAR EAST ST TII:IURON CA - 94!J20 157 0~9-193-26 POETT LAURIE S 2319 MAR EAST ST BELVEDEREMTIBURON CA U4D20 158 0~9-193-2fi BURKE ROBERT E TR & 2321 MAR EAST ST BELVEDERE.TIBURON CA 94920 159 059-19:3.29 NOBLE GORDON E TR & MARK E 911 MAIN ST - 226 TIBURON CA 94920 160 059-193-20 PRICE KAREN G TR & B TR 52 LINDA VISTA AVE TIBURON CA 94920 161 059-193-19 5EYRANlAN DORIS N & LEON G TR 4144 REDWOOD RD OAKLAND CA 94619 162 059-193.27 HERLIHY JEAN 2343 E MAR TIBURON CA 94920 163 059-172-46 POINT TIBURON PLAZA INC 1701 TIBURON BLVD TIBURON CA 94920 164 059.172-44 DAVIS AGNES B TR 2002 PARADISE DR UN 1 TIBURON CA 94920 165 059-172-05 ZANDVAKILI NAHID F & KIA PO BOX 12705 OAKLAND CA Y4604 166 0~9-172-43 COOK CHONG C TR 1701 TIBURON BLVD TIBURON CA 94920 167 059.340.02 TEXD^HL DONN G rrrv 20?6 PARADISE DR TIBURON CA 84920 168 059.340.01 PHILLIPS RICHARD M TR & ELDA M TR 2027 PARADISE OR TIBURON CA 94920 169 059-172-42 GUZZARDO ANTHONY M TR & PATRICIA H TR PO BOX B08 TIBURON CA 94920 170 059-172-41 DECKER GERARD Q IV 2030 PARADISE DR TIBURON CA 911920 171 0~9.172-40 L1ZZA TIBERIO P PO BOX 10 BELVEDERE-T1BURON CA 94920 172 059-172-36 L1ZZA TIBERIO P PO BOX 10 BELVEDERE.TIBURON CA 9t\D20 173 059-1111-TL L1ZlA TIBERIO P PO BOX 10 BELVEDERE.TIBURON CA SW120 174 059-161-78 L1ZZA TIBERIO P PO BOX 10 TIBURON CA 84920 175 059-181-77 COPLIN MAXINE I PO BOX 619 TI8URON CA 9492U 176 059.181-85 H\NMI\N FRANK JR & MARION E 1000 FRANCISCO ST SAN FRANCISCO CA 94109 ~ 059-181.134 HINMAN FRANK JR MARION E 1000 FRANCISCO ST SAN FRANCISCO CA 94109 176 059-181-89 PATTERSON STEPHEN M 323 BAYVIEW ST SAN RAFAEL CA !)4001 179 059-181 88 CUNNINGHAM MARK S 2088 PARADISE DR TIBURON CA ~WJ20 '80 059181-09 PANNELL EVELYN S TR 2090 PARADISE DR TH3URON CA 94U20 '81 059.181-86 BEYER ELIZABETH fCNSVTRt PO BOX 1941 NOVATO CA ~~484fJ 182 059.181-80 BARBARA RICHARD G & WENDY A 2100 MAR EAST ST TIBURON CA 94SJ20 183 059-181-12 l HEUREUX RAYMOND TR & SANDRA TR 240 BEACON ST SAN FRANCISCO CA 94131 184 059-181.90 HANSEN GARY V & FANI 0 PO BOX BOB I3ELVEDERE.TIBURON CA 94920 185 059.181-87 DENZ JEROME T & NANCY H 2130 MAR EAST ST TIBURON CA 94920 186 059.181-81 SCHWARZ WilLIAM M & CATHERINE G 2150 MAR EAST ST BELVEDERE-TIAURON CA 84920 187 0!i9-181-16 HANDLEY MILLA L H TR & RAYMOND G TR 2~OO EL CAMINO REAL PALO ALTO CA 9430G 188 059-181.18 HANDLEY MILLA L H TR & RAYMOND G TR 2500 F.:L CAMINO REAL PALO ALTO CA 94306 189 0~9-1R1.fl1 SCHHOLL SUSANNAH 2210 MAR EAST ST TII3UHON CA 94920 190 059.181-83 GUHEEN MICHAEL F TR & CHI::RYL A TR PO BOX #546 GLEN8ROOK NV B941:~ 191 059.181-73 GATTI LYNDA J TR 2226 MAR EAST ST TIBURON CA 04920 192 059-181 74 MARK MELVYN I TR & JUDITH S TR 2236 MAR EAST ST TI8URON CA 94920 193 059-181-75 DIRKZWAGER NICO M TR & KATHLEEN E TR 2246 MAR EAST 5T BELVEDERE-TIBURON CA 8492ll 184 ll59-181-7G l-\ANDLEYMlLLA L H TR & RAYMOND G TR 2~OO EL CAMINO REAL PAL.O ALTO CA 943()fi 195 059AOO-Ol PEPPER ELL HAROLD TR 2260 MAR EAST ST HELVEDERE-TIBURON CA 94920 196 059-400.09 FLYNN CHAnLES J TR &" MIK P TR 22110 MAR EAST ST TIE3UHON CA 94920 197 059-400.10 BRIGGS J SCOTT TR & MAYKE B TR 2304 MAR EAST ST TIBURON CA 84$120 196 059.400-04 SCHOENBERG I3ERNARD J ESTAT \0' BA.LTIMORE DR CORTE MADERA CA 948?5 189 05SJ.194-71 HANDLEY MILLA L H TR & RAYMOND G TR 2500 El. CAMINO REAL PALO ALTO CA !l4:30G 200 0~G-194.1l1l HANDLEY MILLA l H TR & RAYMOND G TR 2500 EL CAMINO r~EAL - PALO ALTO CA SJ430G - 20' OSO.194.sg- HAN[)I.EY MI LL7\[H"l'-R& RAYMOND G ~-_._.-- 2500 EL CAMINO REAl. PALO ALTO CA 94306 202 059.184-84 TOM51CK FRANK CHRIEJ 2322 MAR EAST ST TIBURON CA 94920 20:~ OS9.184-6fl TOMSICK FRANK CHRIE 2322 MAR EAST ST TI8URON CA D49?O 204 05Q-184-fi$) CROKER JULlE TR 2330 MAR EAST ST TII3URON CA $WJ20 Q:\tihllHlII\Lyford Cnw\l{epnrL\lylilrd cove lill rpt 11-\lm'-(}4.t!oc = \ Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Final Engineer's Report November 11, 2004 Page 21 Asm' A?N Owner Name Mailing Address No. 205 059-194-83 STOLLMEYER DAVID R & VICTORIA L 2332 MAR EAST 5T TIBUHON CA 94920 206 059-194-93 ROSS SUSAN E 2334 MAR EAST 5T BELVEDERE~TIBUF~ON CA 94D2D 207 059-194-96 HERN KARIN J 2338 MAR EAST 5T TIBURON CA 94920 208 059~194-97 HALL KNOWLES L TR & SHERRY A TR 2336 MAR EAST 5T TIBURON CA 94~20 209 059-194-81 NCPHS FOUNDATION TR ETAL & BANKS SHIRLEY F TR 501 VIA CASITAS GREEN BRAE CA 94904 210 059.194-72 GIACHINO WILLIAM S TR & NANCY A TR PO BOX 2206 FAIR OAKS CA 9562H 211 059-194-73 COGGAN JAMES F TR & KIMBERLY E TR 2350 MAR EAST ST TIBURON CA 94920 212 059-194-78 DAWSON JOHN T TR & CATHARINE B TR 52 PEN1NSULA RD BELVEDERE CA 94920 213 059-194-38 DAWSON RICHARD e TR & JOHN T TR 52 PENINSULA RD BELVEDERE-TIBURON CA 94920 214 059-194-74 MOSS BARRY L & JANE E 260 E CHESTNUT - 3902 CHICAGO IL 60611 215 059-194-40 GOMPERTZ MICHAEL A 2754 PINE ST NAPA CA 94558 216 059-194-61 PRINCE ANNE A TR 5075 STILLHOUSE RD HUME, VA 22H39 217 059-194-62 WOODWARD MORRIl.L R 2398 MAR EAST ST TIBURON CA 94920 218 059-204-01 SHERWOOD DONALD K TR 2400 MAR EAST ST BELVEDERE-TIBURON CA 94920 219 059.204-02 LINCOLN JOHN T 2420 MAR EAST ST BELVEDERE-TIBURON CA $-14920 220 059-203-12 Me CREA RO'20IN D TR & SYLVIA S TR 277 TULANE DR LARKSPUR CA 9493~) 221 059-203-2B HALL ROBERT TR & BLANCA TR 2400 PARADISE DR TIBURON CA 94920 222 059-203-23 MOOSAVI SEYEDEH 2430 PARADISE DR TIBURON CA 9492() 223 059-203-18 LYNCH ED & ROHDE-LYNCH SHANA 2441 PARADISE DR TlBURON CA ~)4920 224 059-203-19 WILLIAMS DARWIN CAROLE C PO BOX 758 KENTFIELD CA .. 94919 225 059-203-21 HARRIS BARBARA L TR & TR 2460 PARADISE DR TIBURON CA " ~<.j4!-12() 227 050-203-03 BURKETT JOAN P TR & ROY W TR PO BOX 1023 BELVEDERE-TIBURON CA H4~l20 228 059-203-26 SMITH RICHARD 0 TR & LILLIAN C TR 2485 E MAR BELVEDERE-TI8URON CA !l4!l/.O Q:\liburnn\LY!()f(1 Covt:\Rt:porl\lyfiJrd t:ovt: (111 IV' II-nnv-04.dot: = I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004.01 Final Engineer's Report November 11, 2004 Page 22 PLANS AND SPECIFICATIONS Reference is hereby made to the Plans and Specifications in and for said assessment proceeding:; 011 file in the office ofthe Town Clerk of the Town ofTiburon, County of Marin, The Plans and Specifications arc hy 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 ofTiburon, and not othelWise reimbursed, resulting fTom the administration and collection of assessments, fTom the administTation or regish'ation of any bonds and reserve or other related funds, or both. '111e maximum assessment is authorized pursuant to the provisions of Section .1 0204(1) of the Act and shall not exceed twenty thousand dollars ($20,000) per year, subject to an annual increase hased on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco-Oakland-San .lose areas. The exact amount of the administTation 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:\tibllltlll\l.yfonl Covc\Rcpnrl\lyrord cove fill rpl 11-\\llv.()4 ,doc II \ Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report November 11, 2004 Page 23 CERTIFICATES I. I, the Town Clerk of the Town ofTiburon, County of Marin, State of Califomia, hereby eerLify Lhat the Preliminary Assessment and Preliminary Assessment Roll in this Engineer's RepOJ1, in the amounts set I()rth herein, with the Assessment Diagram attached, was filed with me on ,2004. Diane Crane laeopi Town Clerk, Town ofTiburon 2. I, the Town Clerk ofthe Town ofTiburon, County of Marin, StaLe of Cali fomi a, hereby eel1ify that the Confirmed Assessment in this Engineer's Report, in the amounts set fOl1h herein, was approved and eonfimlCd by the Town Council ofthe Town of'riburon on , 2004, by Resolution No. Diane Crane laeopi Town Clerk, Town ofTihuron 3. I, the Superintendent of Streets of the Town ofTiburon, County of Marin, State ofCalifilnlia, hereby certify that the Assessment in Ihis Engineer's Report, together with the Assessment Diagram therdo attached, was recorded in my office on , 2004, Pat Echols Superintendent of Streets, Town ofTiburon ():\lihuJt1n\LyliH'J Covc\RcpOl'l\ly!()I'(] ((we fnl rpl 11-IHlV-(),1 ,doc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Final Engineer's Report DRAFT APPENDIX ():\tihul'un\Lyford Cove\J{o.:porl\lyrmd cove rill rpl 11-1I11V.()4.doc November 11, 2004 II I Harris & Associates .... c:> c:> '" ~ J:: Q) OJ ro a.. ~ ~ ~ Q) ..0 E Q) > o :z ~ c:> ... c:> <:> '" ci :z '0 .;: U; Ci - <= Q) E '" '" Q) '" '" <( C) .!: '"C <= ::s o ~ C) ~t <= 0 :=>0. ,..Q) _I>: c: ~ _tn e:::> w ::s Q) <L> ..0><= i= 0 .- ug' o-ow ~ 0 Cl1 o >..~ 1---'''- _~m~~rn~~~~~~vv~~vvvmvmmvvvvvvv~mmvvm;I;~m C~~~~~~~~~ro~~~~ro~~~~~~~~~~~~~~~~~~~~~~ mv~vv~vVV~~VVV~~VVV~VMMVVVVVVV~MMVV~MM _ E L() l!) l.O ..-- U) l.O LO OJ CO l.() l{) U") 00 CO LO l{) l{) ..-- lD ..... ..... 1-0 If) L() L() LD l[) 1.0"- ..... l() 1.0 '-I"" ~ ~~~~~~~~~~~~~~~~~~~~M~~M~~~~~~~~~~~~~_~~ o II) 0 CO 0 0 CO 0 0 0 CO <0 0 0 0 CO <0 0 0 0 CO 0 CO OJ (:) 0 0 0 0 0 0 CO OJ 0;) 0 0 co 1m ('() I- Gl N ..-- N N ..-- N N N""- N N N ..... ..... 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N ..- ..- N N ..- N .,.... ....... ..- ..- N 0.1 I I I "_1"- N ..- ..- N ..- ..... ..- ..- ..- N ..- ..... ..- ..- N ..- I I NIN N N N N N N N N N N ~ N N N N N cr.10:: ri cr. 0::. ri rY. 0:: 0::. ri::. ri rr. ri ri 0:. 0::. ri ct:. ! mi("') ('f) co ~ ..- N C0 co OJ '<1" 0 ..- (0100 en m C) co ~ I'- f'- ("") I'- "=t ID ~;..}..,;...t ~.J-.J-.J-.J-.J-.J-.J- ~ OJ!O> m ~ ~ ~ ~ ~ en ~ ~ ~ C>J cnmmmcnmcnmchcnm lOLOLOlOlOlO\I')lOllilOlO 00000000000 ~,~ m'm ""'" O!O '" ",0 .J-.J. ",0 ~N ",0, "'''' 00 NNro O~N .J-nn 000 "'NN en a, Ol lD ~) L() 000 7110 0:0 N!N , co ~ 00 O'l 0 ..- N c0 7 lO (0 Ie- ro 0000 .........- NNNNNNNNNNNNN cr, 0 .._ ('I N "''''''' en '" .... '" '0 o V> V> ..: all V> "t: ~ '" :t: II ~ ~ .,; 9 6 T E- '" " > 8 ~ ,~, ~ Q o. V ~ " 6 u '2 ,~ ~' " e " 3. CY STAFF REPORT AGENDA ITEM .s Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager ~ SUBJECT: Authorize Execution of a Proposed MERA Cooperative Agreement Concerning Feasibility Analysis of Wolfback Ridge Site MEETING DATE: November 17, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . At its November 3,2004 meeting, the Town Council authorized the Town Manager to execute an agreement with MERA for the purpose of conducting a feasibility analysis of Wolfback Ridge as a potential alternate site to Mt. Tiburon. MERA rejected the Town's terms and conditions. The draft agreement is before you yet again for consideration. Recommendation It is recommended that the Town Council authorize the Town Manager to execute the attached agreement as amended by the Town Council, Exhibit A - Draft Agreement - To be submitted prior to Town Council meeting. -, COOPERATIVE AGREEMENT CONCERNING FEASIBILITY ANALYSIS OF WOLFBACK RIDGE SITE This Cooperative Agreement Concerning Fcasibility Analysis of Wolfback Ridge Site ("Agreement") is entered into by and among the Marin Emergency Radio Authority ("MERA") and the Town ofTiburon ("Tiburon") as of , 2004 with reference to the following facts: RECITALS A. MERA is the owner of certain real property in Tiburon, California described more particularly on Exhibit A hereto and known as the Mt. Tiburon Sitc (the "Mt. Tiburon Site"). MERA is in the proeess of installing a radio telecommunieations facility (the "Facility") for the purpose of providing emergency radio communications to Southern Marin County (as defined more particularly below). B. Tiburon has requested that MERA eon sider relocating the Faeility at some point in the future to an alternative site located in unincorporated Marin County dcscribcd more particularly on Exhibit B hereto and known as Wolfback Ridge (the "Wolfbaek Ridge Site"), and has offered to pay the eosts of a feasibility study. C. MERA has agreed to undertake a feasibility study to determine if the Wolfback Ridge Site can be engineered and lieensed as a single site that replaces the Mt. Tiburon Site by providing eoverage to Southern Marin County equivalent to, or greater than, the coverage provided by the Faeility at the Mt. Tiburon Site as guaranteed and warranted by Motorola for the whole MERA system. D. If the feasibility study determines that the Wolfback Ridge Site can replaee the Mt. Tiburon Site in the manner described by Recital C for a cost not to exceed $900,000, the parties agree to make a good faith effort to negotiate a written agreement providing for the reloeation of the Mt. Tiburon Site to the Wofback Ridge Site. NOW, THEREFORE, in eonsideration of the mutual covenants contained herein, , the parties agree to the following: Clean Copy ofMERA_Tihuron Feasibility Agreement (3) LATE MAil #,l'/~ ~. l:t. ~ -1- \' AGREEMENT 1. Recitals. The parties acknowledge the Recitals above are true and correct and are hereby incorporated into this Agreement as if fully sct forth bclow, 2. Fcasibilitv Studv. (a) MERA shall cause a fcasibility study (thc "Feasibility Study") to be conducted by Motorola, Inc., its contractor under that certain Agreement between Marin Emergency Radio Authority and Motorola, Inc, ("Motorola") dated as of December 17, 1998 (the "Motorola Agreement") to determine whether, in Motorola's professional judgment, the Wolfback Ridge Site can be engineered and licensed by the FCC as a single site that provides coverage to, Southern Marin County equivalent to, or greater than, the coverage provided by the Facility at the Mt. Tiburon Site as guaranteed and warranted by Motorola under the Motorola Agreement. For the purposes of this Agreement, "Southern Marin County" shall mean the area served by the Mt. Tiburon Site as contemplated by the Motorola Agreement. Motorola shall detcrmine, in its professional judgment, which studies and east analyses shall be included in the Feasibility Study. The Feasibility Study shall be completed and provided to MERA andTiburon by December 31,2004. (b) Tiburon shall reimburse MERA the sum of $23,961 which is the cost of the Feasibility Study within fifteen (15) days of the date of this Agreement. Such costs will not include the time of the MERA Executive Officer Martin Nichols and MERA Engineer Richard Chuck, who shall cooperate with Motorola in producing the Feasibility Study, In no event shall MERA be required or obligated to contribute any funds to the completion of the Feasibility Study. ' 3. Ongoing Construction of Facilitv at Mt. Tiburon Site. (a) MERA may exercise and shall retain all rights to cause the construction of the Facility at Mt.' Tiburon Site during the course of this Agreement. (b) Tiburon agrees to not interfere with the construction of the the Facility at the Mt. Tiburon Site by MERA. 4. Analvsis of Feasibility Study. &-.;n~ (a) If, in the professional opinion of Motorola, the Feasibility Study demonstrates that the relocation of the Facility to the Wolfback Ridge Site can be engineered and licensed by the FCC as a single site that provides coverage to Southern Marin County equivalent to, or greater than, the coverage provided by the Facility at the Mt. Tiburon Site as guaranteed and warranted by Motorola under the Motorola Agreement, and the estimated costs of such relocation will not exceed $900,000, the parties shall make a good faith effort to negotiate a relocation agreement within thirty (30) days after such determination is made. , ' Clean Copy ofMER^_ Tiburon Feasibility Agreement (3) -2- (c) If, in the professional opinion of Motorola, the Feasibility Study demonstrates that the relocation of the Facility to the Wolfback Ridge Site cannot be engineered and licensed by the FCC as a single site that provides coverage to Southern Marin County equivalent to, or greater than, the coverage provided by the Facility at the Mt. Tiburon Site as guaranteed and warranted by Motorola under the Motorola Agreement, then Tiburon agrees to accept that determination. 5. Miscellaneous (a) This Agreement may be modified or supplemented only by a written agreement of the parties, No waiver shall be effective unless it is in writing. (b) The parties acknowledge they are not partners or co-venturers under this Agreement in either the Feasibility Study or the relocation of the Facility (c) There shall be no third party beneficiaries of this Agreement, including but not limited to the homeowners in the vicinity of the Mt. Tiburon Site. (d) This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (e) In the event that any party shall bring an action to enforce its rights under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys', witness and expert fees and costs of the proceeding, including any appeal thereof. (f) Time is of the essence in the performance of all obligations hereunder. (g) All notices and demands under this Agreement shall be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery or by overnight courier. Notices shall be considered given upon the earliest of a (a) personal delivery; (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (c) one (]) business day following deposit with an overnight courier. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice. Clean Copy of MER A_ Tiburon Feasibility Agreement (3) -3- MERA: Tiburon: (h) This Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. IN WITNESS WHEREOF, MERA and Tiburon have entered into this Agreement as of the day and year first above written. MARIN EMERGENCY RADIO AUTHORITY, ajoint powers authority existing under the laws of thc State of California TOWN OF TIBURON, a municip~1 corporation By: Its: By: Its: Clean Copy of MERA_ Tiburon Feasibility Agreement (3) -4- EXHIBIT A Description of the Mt. Tiburon Site Clean Copy of MERA_ Tiburon Feasibility Agreement (3) -5- " . ~..... EXHIBIT B Description of the Woltback Ridge Site Clean Copy ofMERA_Tihuron Feasibility Agreement (3) -6-