HomeMy WebLinkAboutTC Agenda Packet 2017-11-29 TOWN OF TiBURON Tiburon Town Council
Tiburon Town Hall November 29,2017
1S05 Tiburon Boulevard.
- - Tiburon, CA 94920 Special Meeting
- 5:00 p.m.
TIBURON
TOWN COUNCIL
AGENDA
SPECIAL MEETING—5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks,Councilmember Kulik,Councilmember Thier,Vice Mayor O'Donnell,Mayor
Fraser
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three(3)minutes.
ACTION ITEMS
AI-1. Hawthorne Undergrounding District— Consider adoption of resolution approving Preliminary
Engineer's Report, recordation of boundary map with County Recorder and setting a public
hearing on the matter(Office of the Town Manager)
ADJOURNMENT
GENERAL PUBLIC INFORMATION
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.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address,phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON Town Council Special Meeting
1505 Tiburon Boulevard November 29, 2017
r
Tiburon, CA 94920 Agenda Item:Al-1
STAFF REPORT
To: Mayor and Members of Town Council
From: Town Manager
Town Attorney
Subject: Hawthorne Undemrounding District-Consideration of Adoption of Resolution
Ap ov' g Preliminary Engineer's Report and Setting a Public Hearing
Reviewed By:
BACKGROUND
In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary
Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard submitted
petitions to form a utility undergrounding district ("The District"). A boundary map of The
District (the "Boundary Map") is attached as Exhibit 1. Pursuant to the attached certificate from
the Town Clerk(Exhibit 2), more than five property owners owning lands constituting more than
one-half of the area of all assessable lands proposed to be included within The District signed
petitions as required by State law. In addition, the Town Engineer determined that property
owners of more than 60% of the parcels to be included in the District, as required by the Town's
`Policy and Procedures for the Formation of Utility Undergrounding Assessment Districts' ("The
Policy"), signed petitions requesting that the District be formed. The Policy is attached as
Exhibit 3.
In addition to the petitions, the Town also received subscription deposits from some of the
property owners that signed petitions. The total amount of subscription deposits received was
$151,750. Subsequently, one property owner who moved out of the District requested, and
received, a refund of their $1,000 deposit, resulting in a net amount of deposits remaining of
$150,750.
On January 4, 2017, the Town Council unanimously passed Resolution No. 01-2017 (Exhibit 4)
which, in addition to indicating Council's intent to form the District, did the following:
• Approved the Boundary Map
• Appointed Stradling, Yocca, Carlson and Rauth, and Samuel Sperry as Bond Counsels
for The District
• Appointed Harris and Associates as Assessment Engineer for The District, and directed
the Assessment Engineer to prepare a Preliminary Engineer's Report which contains the
following:
o Preliminary plans and specifications for the improvements
o An estimate of the costs of the improvements
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OAK#4844-8871-4556 v1
o A determination of the portion of the cost that represent a general benefit and the
portion of the costs that represent a direct and special benefit to each of the parcels
within the Assessment District.
The draft Preliminary Engineer's Report ("The Report"), along with other information related to
The District, was provided to property owners of record by notices dated August 16, 2017 and
August 22, 2017.
The Policy requires Bond Counsel to provide advice and information to all interested property
owners within The District about the assessment process and their rights and responsibilities. In
addition, The Policy specifically requires Bond Counsel to hold at least 2 meetings for the
purpose of advising the property owners. The first of these meetings occurred on February 13,
2017, and the second, which was required to occur prior to Town Council considering adoption of
The Report, occurred on August 30, 2017.
On September 19, 2017 and November 15, 2017, the Council reviewed a draft of The Report and
heard testimony from the public regarding the proposed formation of The District. At the
November 15, 2017 meeting, the Council directed staff to return with a resolution to approve The
Report, attached as Exhibit 5, and to set a public hearing regarding the proposed formation of
The District.
DISCUSSION
The next step in forming The District is for Town Council to consider adopting a resolution
preliminarily approving The Report, directing the recordation of the Boundary Map and setting
the date of the required Public Hearing on the matter. The proposed form of the resolution is
attached as Exhibit 6.
RECCOMMENDATION
After hearing staff's presentation on this item and receiving any public testimony, Council will
have the following options:
• Adopt the attached resolution which approves the Preliminary Engineer's Report and
directs the following actions to be taken:
a. Mail Notices of the proposed assessments and ballots to property owners at least
45 days prior to the public hearing which is set for February 7, 2018 at 6:00 p.m.
b. Record the Boundary Map with the County Recorder within 15 days following
the adoption of the resolution
• Do not adopt the resolution and instead direct staff to provide additional information or
analysis, or to take further actions prior to bringing the resolution back for consideration
by Council
• Reject The Report and abandon the proposed formation of the District
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OAK#4844-8871-4556 v1
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EXHIBITS
1. Proposed Boundary Map for Proposed Undergrounding District
2. Town Clerk's Certificate
3. Town of Tiburon Undergrounding Policy
4. Resolution No.01-2017
5. Preliminary Engineers Report(dated November 1,2017)
6. Resolution Approving Preliminary Engineer's Report and Setting a Public Hearing
Prepared By: Greg Chanis,Town Manager
OAK#4844-8871-4556 v1
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no 32
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BOUNDARY REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE OFFICE OF THE ASSESSOR OF Associates
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JUNE 22, 2017 i 1
CERTIFICATE OF TOWN CLERIC
AS TO THE SUFFICIENCY OF PETITIONS FOR
TOWN OF TIBURON
ASSESSMENT DISTRICT NO. 2017-1
(HAWTHORNE UNDERGROUNDING DISTRICT)
I, Lea Stefani, Town Clerk of the Town of Tiburon, do hereby certify that I have examined
the petitions submitted by the owners of certain parcels of land within the proposed Town of Tiburon
Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the "District"). In
accordance with Streets & highways Code Section 5896.7 1 have checked the petitions submitted to
me and determined that petitions have been submitted by more than five owners of assessable land
within the proposed District, as shown on the last equalized assessment roll, who own lands
constituting more than one-half of the area of all assessable lands within the proposed District.
Dated this 7th day of December,2016.
?
Lea Stefani
Town Clerk of the Town of Tiburon
EXHIBIT N®•....�..--
C-1
TOWN OF TIBURON
POLICY & PROCEDURES
FOR THE FORMATION OF
UTILITY UNDERGROUNDING ASSESSMENT DISTRICTS
Town Policy
The Town of Tiburon strongly supports the undergrounding of overhead utility wires and poles(see
Town Council Resolution No. 2996, adopted February 2, 1994). Undergrounding of overhead
utilities improves public safety under fire, earthquake and high wind conditions; reduces utility
company maintenance costs for tree trimming to maintain overhead lines and equipment;and results
in improved visual characteristics.
General Overview
These policies describe the basic considerations and actions required to relocate and to finance such
relocation of overhead utility lines underground. The policies are provided to guide property owners
in achieving undergrounding of utilities in their neighborhoods and to help the Town Council,Town
Staff and Town consultants in assisting in such efforts.Specific figures regarding estimated costs for
undertaking this effort and ultimately implementing a specific project are not presented herein since
they vary depending on the size,location of the proposed district and economic factors.A separate
Frequently Asked Questions brochure(available at Town Hall or at www.tiburon.org)may provide a
range of answers to those types of specific non-policy questions.
The procedures, events and steps described below are governed by California State law and
guidelines of California Public Utilities Commission(regulating the Pacific Gas&Electric Company
(PG&E)and other utilities)about the physical and financial requirements for utility undergrounding
projects.The Town must comply with these laws and regulations while taking appropriate actions to
coordinate the project from its inception to its completion.
To provide for financing and to enforce connections to the underground system,the undergrounding
districts will be special assessment districts established by the Town under State law. Unless
contributions are available from other sources,property owners should know that 100%ofthe cost of
the underground project will be borne by the property owners in the district.If available,funds from
PG&E and other utilities will be applied to help reduce the costs,but there is no assurance of such
availability.
The proponents of a proposed district must submit a written petition to the Town showing the
support by owners of at least 60% of all of the parcels in the prospective district. The Town will
supply examples of petitions and instructions on its signing. Along with the petition,the required
XHIBIT NO., ,
E
subscription deposit for district formation costs (see discussion below) and an informal boundary
map showing the parcels proposed to be included must be provided.Upon receipt of a satisfactory
petition, deposit and informal map,the Town will begin the process of district formation.
The Town will retain the District Engineer for the assessment district,along with Bond Counsel and
the bond Underwriter. The District Engineer (with the assistance of Town staff and bond
Underwriter) will prepare an estimate of all of the costs of the project. Those costs will include
construction cost estimates(based on information from the utilities)and an allowance for the Town's
administrative costs calculated to reimburse the Town for the work of Town staff on the project and
bond issuance costs and deduct any possible contributions. An Advisory Services fund is also
established to allow project proponents and opponents to obtain legal advice and information from
the Bond Counsel regarding the assessment process and their rights and responsibilities.
That net cost will be apportioned or"assessed"to each of the parcels in the district based on how
each parcel is specially benefited from the undergrounding work.Under Proposition 218,the District
Engineer is responsible for defining the special benefit each parcel receives and may take into
account a variety of factors in defining that benefit. The method of allocating special benefit may
vary from district to district depending on the conditions of and the improvements needed for each
such district.
Under State law,the Town Council must hold a public hearing and conduct an assessment ballot to
seek approval of the assessment part of the district. This approval requires an affirmative majority
approval (based on dollars assessed)by property owners returning ballots. If approved,the Town
may proceed with the assessment and the district. The assessment may then be paid in cash or
allowed to"go to bond"or be financed at tax-exempt municipal bond rates for 20-25 years.Bonded
assessments are collected on the County tax bill.The assessment is not a personal obligation of the
property owner and it passes with the title to the property assessed, like regular taxes. The Bond
Counsel and Underwriter prepare documents needed for the bonds.
The costs of individual service connections to the underground facilities are borne by each property
owner and are typically not included in the assessment. If possible,a small amount of bond funds
may be available on a per-financing basis,at the request of property owners(first come-first served)
to help finance connections.The actual amount available will depend on the size of the project and
the estimated amount of bond financing available and will vary with each project.
The entire process may take at least 12 to 24 months (assuming no legal actions/challenges). The
duration of the process may also be affected by utility company financial conditions and staffing
priorities.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 2 of 9
Procedural Events & Steps for District Formation
This section outlines the process of forming a special assessment district for utility undergrounding
in Tiburon.
1. Preliminary Meetings
Interested Property Owners meet with Town Staff to discuss the process and procedures,and to
have questions answered and concerns addressed.This would typically include representatives
of the Department of Public Works and the Town Manager.The project proponents would also
be encouraged to hold a neighborhood meeting to discuss the proposed project, solicit input,
answer questions,etc.and schedule an informal presentation before the Town Council to solicit
informal support for the proposed project. These are some of the most important steps in
successfully creating a district. This document, along with the FAQ brochure should be
distributed to all property owners whose participation is to be solicited.Proponents should also
arrange a site walk with the prospective District Engineer to develop ballpark estimates of
preliminary costs associated with creating the District.This will help refine the estimate of the
total amount of subscription deposit funds that will be submitted to the Town along with
petitions of interest as described below.
2. Petition of Interest
Proponents of the proposed district circulate Petitions of Interest among all Property Owners of
the prospective district.
3. Informal Boundary Map
As part of the Petition process,the Property Owner proponents prepare an informal boundary
map showing the area proposed to be the district based upon the results of the circulated
petition. The Town and District Engineer will review this map and may suggest changes, as
required to satisfy utility companies' requirements and requests of other, adjacent Property
Owners. Property Owner Proponents may wish to distribute the informal boundary map.
Property Owner Proponents may also request a `boundary walk' with the affected utility
companies to better refine the project boundary. It should be noted that the utility companies
(particularly PG&E)may require a deposit before they will attend a boundary walk.
4. Subscription Deposits
When obtaining Petitions,Property Owner Proponents should also raise subscription deposit
funds for preliminary design engineering and construction cost estimates and legal advisory
services. Funding must be sufficient to secure engineering cost estimates from electric,
telephone,and the cable franchise provider and to pay the advance costs required to retain the
District Engineer.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 3 of 9
The District Engineer will prepare complete technical plans and drawings for review by the
utilities, and establish final cost estimates for the construction bidding process. Plans must
contain detailed information on trench size and location,and the location of equipment within
the trenches. Such drawings are usually ordered and directed by the District Engineer. Such
costs may range from$900 to$1,700 per Property Owner Proponent and will depend on the size
of the district, complexity of the project, the costs for the preliminary services required to
establish the district.. Recently, PG&E and SBC (formerly Pacific Bell) have required full
deposits up front before they will proceed with engineering support for a proposed district.The
utility companies develop engineering drawings and technical specifications for design of their
particular underground facilities,which are then incorporated into composite drawings by the
District Engineer. It is the composite drawings which are ultimately used for construction
bidding purposes. If the district is formed and issues bonds,it will refund or credit these funds
to the Property Owner Proponents in proportion to their contributions.
As further described in the following section,the Property Owner Proponents are also required
to raise funds for Legal Advisory services. In accordance with a recently adopted Settlement
Agreement, this amount is to be $100 per Property Owner Proponent, up to a maximum of
$10,000 for the entire district.
Accordingly,the total subscription deposit necessary to form an assessment district may range
between$1,000 and$1,800 per Property Owner Proponent.If for any reason,the district is not
formed, and/or fails to issue the bonds,the Property Owner Proponents will receive only the
amount of their contributions that have not been spent.
5. Filing the Petition of Interest, Subscription Deposit and Boundary Map
The Petitions may be submitted to the Town when Property Owners representing at least 60%
of the total number of parcels to in the proposed district have signed and the Subscription
Deposits(see above)and the informal boundary map are ready. Staff will check the Petition to
be sure that there the necessary signatures from the required percentage of properties and that
the Subscription Deposit and boundary map are in order.
6. First Council Meeting-Resolution of Intention
At the first Council meeting, the Council adopts the Resolution of Intention to Make
Acquisitions and Improvements which formally begins the assessment process.
7. Consultants
With the Resolution of Intention,the Town will appoint:Bond Counsel,the District Engineer,
and the Underwriter. The District Engineer prepares the estimates of costs, the proposed
assessment of the costs to each parcel in the district, the formal maps of the district and the
plans and specifications for the construction work.The plans may be preliminary at this stage.
In accordance with State law, the assessment of costs to each parcel in the district will be
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 4 of 9
developed by an analysis of the special benefit that each property owner receives from the
improvements funded by the assessment. All of the above information is summarized in the
"Engineer's Report"for the district.
The Underwriter is responsible for helping to estimate the costs of the bonds and in pricing,
selling and delivering the bonds to the bond market. The Underwriter is paid only from the
bond issue and only if bonds are issued.
Bond Counsel directs all legal proceedings to establish the district including Council
resolutions,notices,forms of documents and instructions,including the levy of the assessments
and issuance of bonds. Except for the Advisory Services to Property Owners below, Bond
Counsel is paid only if the bonds are actually issued.
Bond Counsel also provides advice and information(the"Advisory Services")to all interested
Property Owners within the proposed district(whether they support or oppose the project)about
the assessment process and their rights and responsibilities.
■ All Property Owners shall be provided with notice of their right to meet with
Bond Counsel,and this notice shall include written materials that describe the
assessment process and their rights and opportunities to be heard during the
process.
■ Bond Counsel shall hold at least 2 meetings for the purpose of advising the
Property Owners: The 15` meeting as soon as practicable following Town
appointment of Bond Counsel and the 2nd second meeting shall be held before
Town Council votes to preliminarily adopt the Engineer's Report for the district.
■ To the extent that Advisory Funds are available, Bond Counsel shall be
available to provide brief follow-up telephone consultation to affected Property
Owners.
■ In the event the Advisory Fund is insufficient to provide all of the Advisory
Services described in this section, Bond Counsel shall provide Advisory
Services in the following order of priority: (1)written materials describing the
process; (2) meeting with Property Owners prior to adoption of the draft
Engineer's Report; (3)meeting following retention of Bond Counsel; and(4)
telephone consultation.
■ The Town Attorney has sole discretion to supervise Bond Counsel's provision
of Advisory Services to ensure,so far as practicable,that such services are fairly
allocated between all affected Property Owners.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 5 of 9
8. Second Council Meeting-Prelimina!y Approval
The District Engineer prepares and files the following items with the Town Clerk:
■ The Engineer's Report containing estimates of total assessment district costs,including
costs for District Engineer, utility company engineering, Bond Counsel, Underwriter
Advisory Fund, construction contract and Town administration. Construction cost
estimates will include a breakdown of each property owner's individual service
connection cost.
■ Map of Proposed Boundaries and Assessment Diagram for the district
■ Plans& Specifications for Project,
The Town Council adopts:
■ Resolution Preliminarily Approving District Formation/Boundary Map, Engineer's
Report,and Directing Actions with Respect Thereto; and
■ Resolution Approving Plans and Specifications and Calling for Bids for Construction
(If the plans and specifications are still preliminary,this step may be deferred until after
the Assessment District is officially formed and the final plans are prepared by the
District Engineer).
9. After Second Council Meeting
Immediately following the Second Council Meeting,the Town Clerk,in coordination with the
District Engineer and Bond Counsel,takes the following actions:
■ Mails Notices of Proposed Assessments and Ballots to Property Owners at least 45 days
prior to the Public Hearing;
■ Records Map of Proposed Boundaries of the District; and
■ Coordinates publication of call for construction bids(if appropriate).
10. Informational Workshop
In the 45-day period after Item 9, Town Staff and the consultants hold a Workshop about the
project and the proposed financing.
11. Construction Bids
Under the State Public Contract Code and the Chapter 3A of the Tiburon Municipal Code,
Town solicits contractor bids for construction. Typically,the bid period is 30 days, with bids
received about two weeks before the public hearing and ballot. After the bid opening, the
District Engineer and Town Staff determine the lowest responsible bid and adjust the proposed
assessments if warranted.This step may be deferred until after Item 17 if preliminary plans and
specifications are used for district formation.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 6 of 9
12. Third Council Meeting-Public Hearing and Ballot
At a Council meeting held at least 45 days following mailing of the Notice of Proposed
Assessments, the Town Council will:
■ Hold a public hearing to solicit any comments for or against the assessment
■ Close the public hearing and call for the tabulation of ballots
The Town Clerk opens and counts ballots. Ballots are weighted on dollars assessed (for
example,if all assessments are the same,each property owner has one vote). Only valid ballots
actually received by the end of the hearing are counted. Unsigned,unreadable or unmarked
ballots are not valid. If more than 50 percent of the ballots cast are against, the proceedings
must be abandoned.
If a majority approving vote is received, and the Council concurs, Council then adopts:
Resolution Adopting Engineer's Report,Confirming Assessments and Directing Actions
with Respect Thereto
This resolution levies the assessment and directs recordings and filings for the assessment
lien and directs the cash payment period. This resolution also has provisions establishing
completion time requirements for individual service connections.
13. Immediately After 12 above:
The Town Clerk,District Engineer and Bond Counsel, takes the following actions:
■ Files and Records Assessments,Notices of Assessment and Assessment Diagram;
■ Publishes Notice to Pay Assessments; and
■ Mails Notices to Pay Assessment to each Property Owners(include the deadline date
for completing individual service connections).
14. Cash Payment Period
Property Owners have a minimum 30-day period to pay cash for their assessments or any
portion.At the end of the 30-day period,the exact amount of bonds to be issued is determined
based on the remaining,unpaid assessments.
After the cash payment period:
■ The Administrative Services Director completes the List of Unpaid Assessments; and
■ The Bond Purchase Agreement and Preliminary Official Statement are filed with the
Town Clerk.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 7 of 9
Property Owners must also decide whether to contract with the Contractor performing the
District work or hire their own contractor to perform individual service connection work on
their property.
15. Fourth Council Meeting-Bonds
At a Town Council Meeting after Item No. 14 above, Town Council adopts:
■ Resolution Authorizing Issuance of Bonds; and
■ Resolution Authorizing Execution of the Construction Contract. This step may be
deferred until after Item 17 if preliminary plans and specifications need to be finalized
by the District Engineer.
16. After Item 15
The Administrative Services Director and Underwriter price the bond issue, and the Town
executes the following:
■ Bond Purchase Agreement(sells bonds); and
■ Preliminary Official Statement(describes bonds for market)
17. Bond Closing
Approximately 2 weeks after Item 16,the bonds are delivered to Underwriter in exchange for
the purchase price under the Bond Purchase Agreement. This,along with the cash payments,
provides the funds for to pay for the underground project and its related costs.
18. Execution of Construction Contract
The Town executes the Construction Contract with the selected bidder. Construction work
would typically commence within a few weeks of contract execution. Town staff makes
progress payments to the Contractor as with any public works contract.Construction duration
will depend on the size and complexity of the project,but typically lasts 60 to 90 days.
19. Utility Coordination
Upon completion of construction, the Town coordinates with the utilities to connect all
properties to the new underground system. This process may take several weeks or more
depending on the scheduling requirements of each utility company. Each property owner is
responsible for connecting his or her property to the newly undergrounded facilities. The
Town's contractor is usually required to offer service connection work at established costs.
However,each owner may chose his or her own contractor or other provider for the individual
service connection work.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 8 of 9
20. Work Completed
After all connections are completed,the utilities will remove the overhead system. Town pays
final bills and costs, including any remaining legal and administrative costs incurred by the
Town for the project. If there is any surplus remaining,the Council may take action to provide
any further improvements needed to complete the project and/or distribute any surplus as
provided by law.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
Page 9 of 9
RESOLUTION NO. 0l-2017
A RE-SOLUTION OF THE TOWN COUNCIL. OF THE TOWN OF
TIBURON, CALIFORNIA, DECLARING ITS INTENTION TO
TAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL
IMPROVEMENT ACT OF 1913 AND TO ISSUE BONDS
PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 TO
UNDERGROUND ALL EXISTING OVERHEAD UTILITY
FACILITIES WITHIN THE BOUNDARIES OF THE PROPOSED
TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1
(HAWTHORNE UNDERGROUNDING DISTRICT) AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
WHEREAS, the Town Council of the Town of Tiburon (tile "Town") has previously adopted
Town Council Resolution No. 2996 supporting the Undergrounding of overhead utility wires and
poles and has adopted Policy and Procedures for the Formation of Utility Undergrounding
Assessment Districts (tile"Policies"); and
WHEREAS, in accordance with the Policies, the owners of certain parcels of land have
Submitted petitions (tile "Petitions") to the Town requesting the formation of an assessment district in
order to underground all of the overhead utility wires, poles and other facilities providing utility
service to the area within the proposed assessment district; and
WHEREAS, the Town Clerk has reviewed the Petitions and in accordance with Streets and
Highways Code Section 5896.7 has presented to the Town Council a certificate as to the sufficiency
of the Petitions to the effect that petitions have been submitted by more than five owners of
assessable land within the proposed assessment district, as shown on the last equalized assessment
roll, who own lands constituting more than one-half of the area of all assessable lands within the
proposed assessment district; and
WHEREAS, the Town Engineer and Director of Public Works (tile "Town Engineer") has
reviewed the Petitions and determined that the Petitions show support for the proposed assessment
district by the owners of at least sixty percent (60%) of the parcels within the proposed assessment
district; and
WHEREAS, the Town Council desires to adopt this resolution in accordance with the
Policies and the provisions of Streets and Highways Code Section 10200, which is a part of the
Municipal Improvement Act of 1913 (tile "1913 Act"), declaring its intention to make acquisitions
and improvements to underground all electric, telephone and cable facilities, remove poles,overhead
wires, guys and anchors and complete appurtenant work thereto as further described in Section 3
hereof(tile "Improvements") and to order the formation of an assessment district to pay the costs
thereof under and pursuant to the provisions of the 1913 Act; and
WHEREAS, the proposed assessment district, if it is formed, is to be known and designated
as the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (tile
"Assessment District"); and
EXHIBIT NO.-41
WHEREAS, the proposed boundaries of the Assessment District are shown on a map which
indicates by a boundary line the extent of the territory proposed to be included in the Assessment
District, which map has been prepared by Harris & Associates (the "Assessment Engineer") and
designated "Town of Tiburon Hawthorne Undergrounding District Proposed Boundary Map" (tile
"Map"), which Map is on file in the office of the Town Clerk; and
WHEREAS, the Town Engineer, with the assistance of the Assessment Engineer, is
competent to make and file with the Town Clerk the report with regard to the Improvements, which
report is required by the 1913 Act to be made and filed; and
WHEREAS, the conversion of overhead electric utility distribution system facilities to
underground, including connection to existing overhead electric utility distribution lines where the
surface is restored to the condition existing prior to undergrounding, is categorically exempt from the
California Environmental Quality Act (Public Resources Code Section 21000 et sect.) ("CEQA") and
its implementing guidelines (144 California Code of Regulations Section 15000 et seri.) (the
"Guidelines") pursuant to Section 15302(d)of the Guidelines;and
WHEREAS, in order to finance the cost of the Improvements the Town Council intends to
consider issuing bonds secured by the assessments to be levied on property in the Assessment
District pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with
Section 8500) of the Streets and Highways Code (the "1915 Act"); and
WHEREAS, before issuing bonds, the Town Council is required, under the 1915 Act, to
adopt a resolution declaring its intention to do so;
NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order
and resolve as follows:
SECTION 1. The above recitals, and each of them,are true and correct.
SECTION 2. In accordance with the Policies, the Town Council hereby appoints Harris &
Associates as the Assessment Engineer and the firm of Stradling Yocca Carlson & Rauth, a
Professional Corporation and Samuel Sperry as bond counsel for the Assessment District.
SECTION 3. The Improvements generally include the undergrounding of existing electric,
telephone and cable facilities, including the removal of poles, overhead wires, guys and anchors and
the installation of new underground service connections and new streetlights and appurtenant work
therewith within the area shown on the Map. The Map is hereby approved as the preliminary
boundary Map for the Assessment District. The Improvements will be designed and constructed to
the standards required by the Pacific Gas and Electric Company ("PG&E") and other utility
providers. The Town will inspect the work to ensure conformance to Town standards and
specifications where applicable. Once completed, the underground facilities will become the
property and responsibility of PG&E and such other utility providers. Each owner of property
located within the Assessment District will be responsible for arranging for and paying for work on
his property necessary to connect facilities constructed by the public utilities in the public streets to
the points of connection on the private property. Conversion of individual service connections on
private property is not included in the work to be done by the Assessment District. Failure to convert
individual service connections on private property may result in a recommendation to the Town
Council that the public utilities be directed to discontinue service to that property or that other actions
be taken in accordance with applicable laws to convert such individual service connections.
Overhead facilities cannot be removed until all overhead service has been discontinued.
SECTION 4. "rhe Town Council hereby }Inds and declares that the public interest and
necessity require the acquisition and construction of the Improvements, and any portion of the costs
of the Improvements to be assessed against parcels within the Assessment District will be of direct
and special benefit to such parcels. The Town Council hereby declares its intention to order the
conversion of the existing overhead electric and communication facilities to underground locations,
and the acquisition of the Improvements, to make the expenses thereof chargeable upon the area
included within the Assessment District, and to form the Assessment District.
SECTION S. The Town Council further declares its intention to levy a special assessment
upon the land within the Assessment District in accordance with the respective special and direct
benefit to be received by each parcel of land from the Improvements.
SECTION 6. The Town Council finds and determines that before ordering fine acquisition
of the Improvements it shall take proceedings pursuant to the 1913 Act and pursuant to Pail 7.5 of
the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and
Highways Code Section 2960 el seq. (the"1931 Act").
SECTION 7. The Assessment Engineer is hereby authorized and directed to make and file
with the Town Cleric a written report with regard to the 1913 Act (the "Report"), which Report shall
comply with the requirements of Section 10204 and Section 2961 of the Streets and Highways Code
and Article MID of the California Constitution and shall contain the following:
i (a) Plans and specifications for the Improvements;
(b) A general description of works or appliances already installed and any other property
necessary or convenient for the operation of the Improvements, if the works, appliances or property
are to be acquired as part of the Improvements;
(c) An estimate of the cost of the Improvements, and the cost of land, rights of ways,
easements, and incidental expenses in connection with the Improvements, including the cost of
registering bonds, and a determination of the portion of the costs that represent a general benefit and
the portion of the Costs that represent a direct and special benefit to each of the parcels within the
Assessment District;
(d) A diagram showing the exterior boundaries of the Assessment District, the
boundaries of any zones within the Assessment District and the lines and dimensions of each parcel
of land within the Assessment District as they existed at the time of passage of this resolution (each
subdivision to be given a separate number on the diagram); and
(e) A proposed assessment of the total amount of the cost and expenses of the proposed
Improvements that confer a direct and special benefit upon the several subdivisions of land in the
Assessment District in proportion to the estimated special benefits to be received by such
subdivision,respectively, from the Improvements (the assessment shall refer to the subdivisions by
their respective numbers assigned as provided in (d)above).
(t) A proposed maximUM annual assessment upon each of the several subdivisions of
land in the Assessment District to pay costs incurred by the Town 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 finds.
In addition, the Report shall contain the information required by the 1931 Act as set forth in
Streets and Highways Code Section 2961(b), including:
(a) The total arnount, as near as may be determined, of the total principal sural of
all unpaid special assessments and special assessments required or proposed to be levied
under any completed or pending assessment proceedings, other than the proposed
assessments to be levied with respect to the Assessment District, which would require an
investigation and report under the 1931 Act against the total area proposed to be assessed;
and
(b) The total true value, as near as may be determined, of the parcels of land and
improvements within the Assessment District which are proposed to be assessed. Total true
value may be estimated as the full cash value of the parcels as shown upon the last equalized
assessment roll of the county. Alternatively, total true value may be determined by other
reasonable means, including, but not limited to, by adjusting the value shown on the last
equalized assessment roll to correct for deviations fi•onl market value due to Article XIIIA of
the California Constitution.
SECTION 8. Notice is hereby given that serial or term bonds to represent unpaid
assessments and to bear interest at a rate not to exceed 12 percent per annum will be issued in the
manner provided in the 1915 Act to represent the unpaid assessments and the last installment of such
bonds shall mature a maximum of 30 years from the second day of September next succeeding 12
months from their date. The principal arnount of such bonds maturing or becoming subject to
mandatory prior redemption each year shall not be an amount equal to an even annual proportion of
the aggregate principal amount of the bonds, but rather(except as specifically otherwise provided by
the Town Council in connection with the sale of such bonds), shall be an amount which, when added
to the amount of interest payable in each year, will be a sum which is substantially equal in each
year, except for the moneys falling due oil the first maturity or mandatory prior redemption date of
the bonds which shall be adjusted to reflect the amount of interest earned from the date when the
bonds bear interest to the date when the first interest is payable oil the bonds. Such bonds shall be
serviced and collected by the Town Treasurer or by such registrar- and/or paying agent(s) as this
Town Council may from time to time designate.
SECTION 9. Following the acquisition of the Improvements and the payment of all
incidental expenses in connection with the formation of the Assessment District and the issuance of
bonds pursuant to the 1915 Act, any surplus remaining in the improvement ftind established for the
Assessment District shall be used as determined by the Town Council as provided in Section 10427
of the Streets and Highways Code.
SECTION 10. The provisions of fart 11.1 of the 1915 Act, providing an alternative
procedure for the advance payment of assessments and the calling of bonds, shall apply.
SECTION 11. Except as specifically otherwise provided for herein, the Improvements shall
be made and ordered pursuant to the provisions of the 1913 Act.
SECTION 12. The Town Council hereby determines that the Town will not obligate itself to
advance available funds from its treasury to cure any deficiency which may occur in the bond
redemption fund established for the Assessment District.
SECTIO_N_13. The public interest will not be served by allowing the property owners to take
any contract to be let for the construction of tine Improvements, and no notice of award of contract
shall be published.
SECTION 14. It is hereby determined that the bonds proposed to be issued in these
proceedings may be refunded. Any adjustment to assessments resulting froinn Such refunding shall be
done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code.
Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section
9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in
Section 9523 and any subsequent modifications of the report, the Town Council funds that all of the
conditions specified in Section 9525 are satisfied and that the adjustments to assessments are on a pro
rata basis, the Town Council may approve and confirm the report and any, without further
proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with
Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall
bear interest at the rate of not to exceed twelve percent (12%) per annunn, or such higher rate of
interest as may be authorized by applicable law at the time of sale of such bonds; and the last
installment of such bonds shall mature on such date as will be determined by the Town Council in
the proceedings for such refunding.
SECTION 15. It is in the public interest and more economical to do certain work on private
property to eliminate any disparity in level or size between the Improvements and private property
and to add the actual cost of such work to the assessment of the property to which such work was
done; provided that no work of this nature shall be performed until and unless the written consent of
the owner of property is first obtained.
SECTION 16. Pursuant to Streets and Highways Code Section 101 10, the Town intends to
enter into agreements with PG&E and the other utility providers, and any agreement between the
Town and PG&E, or any other public utility, for the ownership, management, or control of the
underground electric, telephone and cable facilities to be installed in connection with the
Improvements,would benefit any current or future residents of the Assessment District.
SECTION 17. Pursuant to Section 15302(d) of the Guidelines, the undergrounding of the
Improvements will have no significant effect on the environment and is categorically exempt from
CEQA. The Town Clerk is directed to cause a notice of exemption to be posted as required by law.
SECTION 18. The Town Council hereby waives the requirement in tine Policies for the
appointment at this time of all underwriter for the Assessment District (the "Underwriter") and
determines that delaying the appointment of the Underwriter to a later date in the proceedings will
not adversely affect the proceedings as the Town will be engaging a municipal advisor to assist it in
estimating the costs of issuing the bonds for the Assessment District.
SECTION 19. All inquiries for any and all information relating to these proceedings,
including information relating to protest procedures, should be directed to:
Greg Chanis
Town Manager
1505 Tiburon Boulevard
Tiburon, California 94920
(415)435-7373
SECTION 20. This Resolution shall take effect immediately UI)011 its passage.
SECTION 21. The Town Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED on January 4, 2017, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell,Tollini
NOES: COUNCILMEMBERS: None
x
JIM FRASERMa§ol-
ATTEST:
LEA STEFAN], jrawn Clerk
C`Ce CCryi "r>
C a e Y 5 �mC
..
z
4
PRELIMINARY ENGINEER'S REPORT
Assessment District No. 2017-1
(Hawthorne Undergrounding District)
Prepared under the provisions of the
Municipal Improvement Act of 1913
For the
TOWN OF TIBURON
County of Marin, California
November 1, 2017
Harris & Associates
EXI3IBIT NO--
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Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report
TABLE OF CONTENTS
Page
Introduction and Certifications............................................................................................ 1
PART I Description of Improvements...........................................................................7
PARTII Cost Estimate.....................................................................................................8
PART III Method of Assessment Spread and Assessment Roll.....................................9
Exhibit 1 -Assessment Roll..............................................................................21
Exhibit 2 -Debt Limit Valuation......................................................................25
PART IV Annual Administrative Assessment...............................................................26
PART V Boundary Map and Diagram of Assessment District..................................27
PART VI Description of Facilities..................................................................................28
Right-of-Way Certificate..................................................................................29
Certification of Completion of Environmental Proceedings ............................30
APPENDICES
A. Assessment Calculations
B. Assessment Diagram
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AGENCY: TOWN OF TIBURON
PROJECT: ASSESSMENT DISTRICT NO. 2017-1
TO: TOWN COUNCIL
ENGINEER'S "REPORT" PURSUANT TO THE
PROVISIONS OF SECTIONS 2961 AND 10204
OF THE STREETS AND HIGHWAYS CODE
The purpose of this Assessment District is to provide financing to underground power,telephone and
cable facilities along Delmar Drive, Hawthorne Drive, Maravista Court, Palmer Court, Rock Hill
Road,and portions of Hilary Drive and Tiburon Boulevard within the Town of Tiburon.The proposed
underground utility improvements will provide conversion to an upgraded utility system and will
enhance neighborhood aesthetics, safety and reliability.
The construction of these improvements will conform to existing Town of Tiburon, Pacific Gas and
Electric,AT&T and Comcast Communications standards. The proposed improvements are of special
and direct benefit to the properties within the boundary of the proposed assessment district to the
extent described herein.
Pursuant to the provisions of Article XIIID--of the State Constitution, Part 7.5 of the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the
Streets and Highways Code of the State of California,and the"Municipal Improvement Act of 1913",
being Division 12 of said Code, and the Resolution of Intention, adopted by the Town Council of the
TOWN OF TIBURON, State of California, in connection with the proceedings for Assessment
District No. 2017-1 (Hawthorne Undergrounding District)(hereinafter referred to as the"Assessment
District"), I, K. Dennis Klingelhofer, P.E., a Registered Professional Engineer and authorized
representative of Harris &Associates, the duly appointed Assessment Engineer, herewith submit the
"Report" for the Assessment District, consisting of six (6)parts as stated below.
PART I
This part contains the preliminary plans and specifications which describe the general nature, location
and extent for the proposed improvements to be constructed, and are filed herewith and made a part
hereof. Said plans and specifications are on file in the Office of the Town Engineer.
PART II
This part contains an estimate of the cost of the proposed improvements,including capitalized interest,
if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto.
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PART III
This part consists of the following information:
A. A description of the method of assessment spread; and
B. The general benefit which is determined to result from the proposed improvements which has
been excluded from the assessment, and the proposed assessment of the total amount of the
costs and expenses of the proposed improvements upon the several subdivisions of land within
the Assessment District, in proportion to the special benefits to be received by such
subdivisions from said improvements, which is set forth upon the assessment roll filed
herewith and made a part hereof, and
C. The total amount,as near as may be determined,of the total principal sum of all unpaid special
assessments previously levied and special assessments required or proposed to be levied under
any completed or pending assessment proceedings, other than that contemplated for the
Assessment District, which would require an investigation and report under the "Special
Assessment Investigation,Limitation and Majority Protest Act of 1931"against the total area
proposed to be assessed; and
D. The total true value, determined from the latest Assessor's roll, of the parcels of land and
improvements which are proposed to be assessed.
PART IV
This part contains the proposed maximum annual administrative assessment to be levied upon each
subdivision or parcel of land within the Assessment District to pay the costs incurred by the TOWN
OF TIBURON, and not otherwise reimbursed, resulting from the administration and collection of
assessments, from the administration and registration of any associated bonds and reserve or other
related funds, or both.
PART V
This part contains a map showing the boundaries of the Assessment District, and a diagram showing
the Assessment District, the boundaries and the dimensions of the subdivisions of land within said
Assessment District, as the same existed at the time of the passage of the Resolution of Intention.The
Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the
assessment. A reduced copy of the Assessment Diagram is included in this Report as Appendix B.
PART VI
This part shall consist of the following information:
A. Right-of-Way Certificate
B. Environmental Certificate
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Certificate of Assessment Engineer
WHEREAS,on January 4,2017 the Town Council of the TOWN OF TIBURON,State of California,did,
pursuant to the provisions of the 1913 Act"Municipal Improvement Act of 1913",being Division 12 of
the Streets and Highways Code,of the State of California(the"1913 Act"),adopt Resolution No.01-2017
(the "Resolution of Intention") declaring its intention to provide for the installation and construction of
certain public improvements,together with appurtenances and appurtenant work in connection therewith,
in a special assessment district known and designated as TOWN OF TIBURON ASSESSMENT
DISTRICT NO.2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT)(hereinafter referred to as
the"Assessment District"); and
WHEREAS,said Resolution of Intention,as required by law,did direct the Engineer of Work to make
and file a"Report", consisting of the following as required by Section 10204 of the Act:
A. Description of Improvements;
B. A general description of works or appliances already installed and any other property
necessary or convenient for the operation of the improvement, if the works, appliances, or
property are to be acquired as part of the improvement;
C. Cost Estimate;
D. Assessment Diagram showing the Assessment District and the subdivisions of land therein;
E. A proposed assessment of the costs and expenses of the works of improvement levied upon
the parcels within the boundaries of the Assessment District;
F. The proposed maximum annual assessment to be levied upon each subdivision or parcel of
land within the Assessment District to pay the costs incurred by the Town and not otherwise
reimbursed resulting from the administration and collection of assessments or from the
administration and registration of any associated bonds and reserve or other related funds.
For particulars,reference is made to the Resolution of Intention as previously adopted.
NOW, THEREFORE, I, K. Dennis Klingelhofer, P.E., the authorized representative of HARRIS &
ASSOCIATES,pursuant to Article XIIID of the California Constitution and the 1913 Act,do hereby
submit the following:
1. Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs
and expenses of the works of improvement to be performed in the Assessment District upon
the parcels of land in the Assessment District specially benefited thereby in amounts which
do not exceed the reasonable cost of the direct proportional special benefit to be conferred on
each of said parcels. For particulars as to the identification of said parcels, reference is made
to the Assessment Diagram (the "Diagram"), a copy of which is attached hereto and
incorporated herein. All parcels specially benefitted by the works of improvement have been
included within the Assessment District.
2. As required by law, the Diagram is attached hereto, showing the Assessment District,as well
as the boundaries and dimensions of the respective parcels and subdivisions of land within
said Assessment District as the same existed at the time of the passage of said Resolution of
Intention, each of which subdivisions of land or parcels or lots respectively have been given
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a separate number upon the Diagram and in the Assessment Roll as defined below.
3. The subdivisions and parcels of land with the numbers shown on the Diagram as attached
hereto correspond with the numbers as appearing on the Assessment Roll as defined below.
4. 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 in one or more series,
each with a term not to exceed the legal maximum term as authorized by law,THIRTY-NINE
(39) YEARS from the 2nd day of September next succeeding twelve (12)months from their
date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of
12%per annum.
5. By virtue of the authority contained in said 1913 Act, and by further direction and order of
the legislative body, I hereby recommend the following assessment to cover the costs and
expenses of the works of improvement for the Assessment District based on the costs and
expenses as set forth below:
As Preliminarily As
Approved Confirmed
Estimated Cost of Construction: $9,028,275
Estimated Incidental Expenses: $1,755,112
Estimated Financing Costs: $1,562,620
Estimated Contributions ($500,000)
Estimated Total to Assessment: $11,846,006
For particulars as to the individual assessments and their descriptions, reference is made
to Part III,Exhibit I (Assessment Roll)which describes the assessment to be levied upon
each parcel based upon the special benefit which it receives from the improvements to be
funded by the assessments.
6. Under the Resolution of Intention, the requirement of Division 4 of the California Streets and
Highway Code shall be satisfied with Part 7.5 of said Division 4, for which the following is
presented:
a. 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:
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$0
b. The total amount of the principal sum of the special assessment (the "Balance of
Assessment")proposed to be levied in the instant proceedings is:
$11,846,006
c. The total amount of the principal sum of unpaid special assessment levied against the
parcels proposed to be assessed, as computed pursuant to paragraph 1, above,plus the
principal amount of the special assessment proposed to be levied in the instant
proceedings from paragraph 2, above is:
$11,846,006
The total true value, as near as may be determined, of the land and improvements for the
parcels which are proposed to be assessed in the instant proceedings,as determined by the
full cash value of the parcels as shown upon the last equalized assessment roll of the
County of Marin, is:
$141,425,336
This report does not represent a recommendation of parcel value, economic viability or financial
feasibility, as that is not the responsibility of the Assessment Engineer.
EXECUTED on 52017.
HARRIS &ASSOCIATES
K. DENNIS KLINGELHOFER, P.E.
R.C.E. NO. 50255
ASSESSMENT ENGINEER
TOWN OF TIBURON
COUNTY OF MARIN, STATE OF CALIFORNIA
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This report is submitted on 2017.
HARRIS &ASSOCIATES
K. DENNIS KLINGELHOFER,P.E.
R.C.E. NO. 50255
ASSESSMENT ENGINEER
TOWN OF TIBURON
COUNTY OF MARIN, STATE OF CALIFORNIA
Preliminary approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA,on the
day of 52017.
TOWN CLERK
TOWN OF TIBURON
STATE OF CALIFORNIA
Final approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA,on the
day of 12017.
TOWN CLERK
TOWN OF TIBURON
STATE OF CALIFORNIA
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Part I
Description of Improvements
The following provides a description of the public improvements proposed to be constructed,installed
or acquired under the provisions of the Act as shown on the Preliminary Plans on file in the office of
the Town Engineer.
The project includes the construction of the public improvements, including all planning, design,
construction administration and general administration services,the acquisition of all necessary rights
of way, the acquisition of licenses, franchises and permits and the construction of all auxiliary work
necessary and/or convenient to the accomplishment thereof, in accordance with the final plans and
specifications to be approved by the Town of Tiburon prior to the start of construction. The
construction of the public improvements may be phased as necessary and convenient for the Town of
Tiburon. Phasing will be undertaken in a manner that results in a complete and functional portion of
each system described below.
The following improvements are proposed to be constructed and installed in the general location
referred to as the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding
District) (the"Assessment District") and will include:
1. Construction of mainline underground power, telephone and cable conduit, with appurtenant
manholes,pull boxes and transformers and like structures.
2. Construction of service conduit and appurtenances to property line.
3. Installation of new conductor within said conduit and underground structures by the utility
companies.
4. Installation of replacement street lights.
5. Removal of existing overhead power, telephone and cable wires,poles and streetlights.
The improvements will be designed by PG&E, AT&T, Comcast, and the Town of Tiburon (joint
trench).The Town of Tiburon will inspect the work to ensure conformance to Town ordinances,rules,
warrants, regulations, standards and specifications where applicable.
Each owner of property located within the Assessment District will be responsible for arranging for
and paying for work on his or her property necessary to connect facilities constructed by the public
utilities in the public streets and alleys to the points of connection on the private property. Conversion
of individual service connections on private property is not included in the work to be funded by the
Assessment District.
The estimated time for completion of the undergrounding of the utilities is 36 months after the
formation of Assessment District. Construction is estimated to begin approximately 18 months after
the formation of the Assessment District. Property owners will be required to provide necessary
underground connections.within 120 days of the completion of the underground facilities.
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Part I1
Cost Estimate
Assessment District No. 2017-1
(Hawthorne Undergrounding District)
JOINTTRENCH CONSTRUCTION COSTS $4,718,001
30%construction contingency $1,415,400
UTIILITY COST(PG&E,AT&T and Comcast)
PG&E $2,385,171
AT&T $121,517
Comcast $138,185
ENVIRONMENTAL MITIGATION $250,000
Total Construction Cost: $9,028,275
LESS CONTRIBUTIONS
Contribution for General Benefit ($25,823)
Additonal contribution ($474,177)
Credits: ($500,000)
INCIDENTAL EXPENSES
Design Engineering and Assessment Engineering $600,000
Construction Management(8%of construction cost) $722,262
Town Administration $100,000
Legal Advice to Property Owners $10,000
Underwriter** $136,350
Bond Counsel $90,000
Financial Advisor $30,000
Rating Agency $30,000
Paying Agent $9,000
Financial Printing,Registration and Servicing $10,000
Filing Fees $2,500
Incidental Contingencies $15,000
Total Incidental Expenses: $1,755,112
Total Construction and Incidental Expenses: $10,283,386
FINANCING COSTS(Estimate)
Bond Reserve** $851,433
Funded Interest** $711,187
Total Financing Costs: $1,562,620
TOTAL TO ASSESSMENT: $11,846,006
* Source: Sperry Capital
** Source: Sperry Capital
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Part III
Method of Assessment Spread and Assessment Roll
Since the improvements are to be funded by the levying of assessments,the"Municipal Improvement
Act of 1913"(the"Act")and Article XIIID of the State Constitution require that assessments be based
on the special benefit that the properties receive from the works of improvement. Section 4 of Article
XIIID provides that only special benefits are assessable and the local agency levying the assessment
must separate the general benefits from the special benefits. It also provides that parcels within a
district that are owned or used by any public agency,the State of California,or the United States shall
not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence
that those publicly owned parcels in fact receive no special benefit.In addition,Section 4 requires that
a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred
on that parcel. Neither the Act nor the State Constitution specifies the method or formula that should
be used to apportion the costs to properties in any special assessment district proceedings.
The responsibility for recommending an apportionment of the costs to properties which specially
benefit from the improvements rests with the Assessment Engineer,who is appointed for the purpose
of making an analysis of the facts and determining the correct apportionment of the assessment
obligation. In order to apportion the assessments to each parcel within the boundaries of the
assessment district in an amount which does not exceed the reasonable cost of the proportional special
benefit which it will receive from the improvements, an analysis has been completed and is used as
the basis for apportioning costs to each parcel within the Assessment District.
The approval of the assessments rests with the Town Council. The Council renders its decision after
hearing testimony and evidence presented at a public hearing and tabulating the assessment ballots,
which are mailed to all record owners of property within the Assessment District. Only ballots
delivered to the Town Clerk prior to the close of the public hearing are tabulated. The Council's
findings must include whether or not the assessment spread is consistent with the requirements of
Article XIIID in that the assessment on each parcel is proportional to and no greater than the special
benefits received by such parcel.
The following sections set forth the methodology used to apportion the costs of the improvements to
each parcel.
SEPARATION OF GENERAL AND SPECIAL BENEFIT
Under Article XIIID, only special benefits may be assessed, and it is the responsibility of the
Assessment Engineer to identify, quantify, and exclude general benefits from the assessment that is
apportioned to parcels in proportion to the special benefit they will receive from the improvements.
As stated in the "Proposition 218 Guide for Special Districts" prepared by the California Special
Districts Association, the requirement that a public agency separate the general benefits from the
special benefits helps ensure that the special benefit requirement is met. As defined in Article XIIID,
"special benefit"means a particular and distinct benefit over and above general benefits conferred on
real property located in the district or to the public at large.
The benefits associated with the undergrounding of overhead utilities are related to increased
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reliability, improved neighborhood aesthetics, enhanced safety and the removal of obstructions to
view within the Assessment District and potentially for areas outside of the Assessment District. The
specific location and nature of the undergrounding project will determine if the benefits are a"general
benefit"or provide a"special benefit"to parcels within the Assessment District, or a combination of
both.
GENERAL BENEFIT
Because of the localized nature of the improvements within the Assessment District and the small
number of parcels that will be impacted by the undergrounding of the existing overhead utilities along
roadways providing ingress/egress to the parcels within the District, the Assessment Engineer has
determined the benefits described in the following section represent special benefits that are conferred
on parcels within the Assessment District, and that there are no "general benefits" that will be
conveyed to parcels outside the boundaries of the Assessment District, or to the public at large
associated with the undergrounding of the overhead utilities within the Assessment District except as
described in the findings below:
• Aesthetics Benefit. The Assessment Engineer has determined that there are no aesthetic
benefits which represent general benefit or benefits to the public at large. This is based upon
the fact that the majority of the utility poles and overhead facilities that will be undergrounded
are located along the local streets within the Assessment District that provide ingress/egress
to parcels within the District. Those local streets are not used by "through traffic" to reach
destinations that are outside the District. The removal of the overhead utilities and poles will
provide an aesthetic benefit for the parcels within the District which the Assessment Engineer
has determined represents a special benefit to parcels within the District. In addition to the
removal of the existing overhead utilities on the local streets within the District,there are also
overhead lines on several utility poles which will be removed that are located adjacent to the
Old Rail Trail at the rear of the parcel owned by the Belvedere Tennis Club,and several poles
that are near Tiburon Boulevard but away from the edge of the pavement. The Assessment
Engineer has determined that the removal of those poles does not provide an improvement in
aesthetics that would represent a general benefit to the community or the public at large. The
existing utilities do not impact aesthetics for park visitors related to views of the bay since
they are located on the opposite side of the trail. For traffic on Tiburon Boulevard the existing
utilities are generally located almost one hundred feet to several hundred feet from the edge
of pavement,and are largely screened by the tennis club's facilities which are located between
Tiburon Boulevard and the existing utilities. The removal of the existing overhead utilities
near the Old Rail Trail will not result in increased usage of the Richardson Bay Linear Park
by visitors who had not previously used the park because of the visual blight caused by the
existing overhead utilities, or result in increased traffic along Tiburon Boulevard because of
improved views looking towards the bay.
While the Town has identified its desire to remove all the poles along the Old Rail Trail and
Tiburon Boulevard,the Assessment Engineer has determined that the undergrounding of those
utility poles does not provide a general benefit to all parcels within the Town or to the public
at large of the type that must be separated from special benefits under the requirements of
Proposition 218. The Assessment Engineer's review of studies completed by a number of
organizations and public entities found that the undergrounding of utilities did not provide an
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economic benefit to parcels not within the Assessment District or the community at large. The
studies found that the cost of undergrounding utilities was many times the value or economic
benefit to the community, that the benefit to the public at large was not quantifiable, and that
there was no economic benefit to the community related to increased business expenditures
or tourism as a result of the undergrounding.
• Enhanced Reliability Benefit. The Assessment Engineer has determined that there is no
general benefit that will be conveyed to parcels outside of the Assessment District, or to the
public at large related to enhanced reliability. This is based upon industry data that shows there
is little difference in the total "out of service" time (the total service interruption time for all
outages measured by the frequency of service interruptions and the time to repair) for
customers served by overhead systems versus those served by underground utilities. While the
undergrounding of an existing overhead utility generally results in a reduction in the frequency
of service interruptions, the time to restore service in an underground utility is longer due to
the difficulty in identifying the location of system outages and the time required to complete
repairs. Because of this, the total "out of service" time is comparable for overhead and
underground utility systems. The result is that parcels outside of the District will not see a
reduction in "out of service" time as a result of the undergrounding of the existing overhead
utilities within the Assessment District.
In addition to looking at "out of service" time, the ability of the utility to restore service to
parcels outside of the Assessment District in the event of damage to the utilities (whether
overhead or underground)within the District was also reviewed. Based upon redundancies in
the system and PG&E's operation of the distribution system,power could be restored to parcels
outside of the Assessment District prior to the repair of the damaged utilities within the
Assessment District. Existing facilities outside of the District could be used to feed power to
parcels outside of the District while repairs are being made. For example, although the utility
lines located adjacent to the Old Rail Trail are part of PG&E's distribution system that provides
power to downtown Tiburon, if one of those utility poles were damaged, PG&E could restore
power to parcels outside of the Assessment District, including the downtown area, by
"switching" power to restore service to parcels outside of the Assessment District prior to the
completion of repairs. Similarly, if parcels outside the District are affected by a portion of the
existing overhead facilities within Hilary Drive being damaged as a result of a vehicle hitting
a utility pole, PG&E could restore power to those parcels prior to the completion of repairs.
Finally,if a portion of the overhead utilities within Rock Hill Road,north of Hillary Drive were
damaged, no parcels outside the Assessment District would be impacted. Since the ability to
restore service to parcels outside of the District is not improved as a result of undergrounding
the utilities within the District,there is no enhanced reliability benefit to parcels outside of the
Assessment District from undergrounding the existing overhead utilities within the District.
■ Removal of Obstructions to View. The Assessment Engineer has determined that the two(2)
parcels that are owned by the Town of Tiburon which are outside the boundaries of the
Assessment District will not receive a benefit from the relocation of the overhead utilities
adjacent to the Old Rail Trail on those parcels. This is based upon the Assessment Engineer's
determination that the overhead utilities that are located on the Belvedere Tennis Club's parcel
do not obstruct views towards the bay for park users since they are located in the opposite
direction. In addition, since there is no development currently on those parcels or that would
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be allowed in the future that would benefit from the removal of obstructions to view from the
existing utilities since the parcels are within the jurisdiction of the San Francisco Bay
Conservation and Development Commission.
■ Safety Benefit. The safety benefit related to the undergrounding of the overhead facilities
within the Assessment District is a result of the removal of the fixed obstructions (existing
power poles, guy wires and related facilities) from the right-of-way, and the mitigation of the
potential delay by emergency responders that will neither cross a downed power line nor set
up equipment if an overhead utility line is in the way until it has been de-energized. In addition,
the threat to structures or property being damaged by downed utility lines and poles caused by
earthquakes, high winds and other unforeseeable events is reduced by the undergrounding of
the existing overhead utilities. The Assessment Engineer has determined that there is a general
benefit to the public at large related to the undergrounding of the existing overhead utilities
located adjacent to the Old Rail Trail. The relocation and undergrounding of the utilities
adjacent to the Old Rail Trail will provide increased safety to those using Richardson Bay
Lineal Park by removing the risk of injury from coming in contact with downed utilities and
the removal of the fixed obstructions that are located in proximity to the trail. Based upon a
street frontage of 75 feet for a typical residential parcel,the 590 linear feet of overhead utilities
adjacent to the Old Rail Trail is the equivalent of the frontage for 7.85 residential parcels. A
total of 3.925 benefit points have been assigned for the general benefit which represents 50%
of the benefit that would be assigned to the equivalent number of residential parcels since there
are no structures that could be damaged by downed utility poles or lines, or damaged by
vehicles hitting a utility pole. A contribution of$25,823 will be required to offset the general
benefit related to the safety benefit associated with the undergrounding of the existing overhead
utilities along the Old Rail Trail.
SPECIAL BENEFITS
While the courts have found that a general enhancement of property value does not constitute"special
benefit"(Silicon Valley Taxpayers'Assn v. Santa Clara Cnty. Open Space Authority)if an assessment
district is narrowly drawn so that parcels that benefit in way that is particular and distinct from parcels
outside of the district, or the public at large they are deemed to receive a special benefit. Specifically,
the undergrounding of existing overhead utilities adjacent to parcels and the installation of new street
lights on the streets which provide ingress/egress to each parcel provides a particular and distinct
benefit to those parcels that is not realized by other parcels or to the public at large. The courts have
found that the characterization of a benefit(special vs.general)may depend on whether parcels within
a district receive a direct advantage from the improvement based upon their proximity to the
improvement, or receive an"indirect, derivative advantage resulting from the overall public benefits
of the improvement"(e.g., general enhancement of the district's property values).
There are four (4) types of special benefit that parcels may receive as a result of the proposed
undergrounding of the existing overhead utility facilities (power, telephone, street light and cable
facilities)with underground facilities.
■ Aesthetics Benefit. Based upon the studies reviewed by the Assessment Engineer and his
experience, the greatest benefit to parcels from the undergrounding of overhead utilities is
related to the improved neighborhood aesthetics which result from the undergrounding of the
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existing overhead utilities within the Assessment District. The undergrounding of the overhead
utilities enhances the aesthetics of the streetscape by removing the physical and visual
impediments related to the existing overhead utilities within the right-of-way along the local
streets, and will improve the visual environment for residential properties within the
Assessment District. In addition, the removal of the overhead utilities within the Assessment
District will bring the area surrounding each parcel closer to current development standards
which require that all utilities be placed underground. This will increase the desirability of the
parcels within the Assessment District to a potential purchaser when compared to a similar
parcel served by overhead wires and utility poles. All of the parcels within the Assessment
District will specially benefit from the removal of the overhead wires and utility poles serving
the parcels within the boundaries of the Assessment District.
■ Enhanced Reliability Benefit. The installation of all new wires and new equipment installed
underground within the Assessment District will reduce the frequency of localized service
interruptions to both residential and non-residential parcels within the District due to the
increased reliability of the upgraded facilities. In addition, the technology used in modern
underground systems allow the utility to minimize the number of parcels impacted by an
outage. Parcels which have not already undergrounded their service will also see a reduction
in outages related to damages to their individual service lines from falling limbs during wind
storms or other types of weather events or natural disaster since they will be required to be
underground their utility service in order to connect to the new underground system. As a
result, each parcel within the Assessment District will receive a special benefit related to
enhanced reliability from the undergrounding of the existing overhead utilities within the
Assessment District that is not received by parcels outside of the District.
■ Removal of Obstructions to View. Parcels which have water views are more desirable to
purchasers,and the premium placed on a parcel with a water view is dependent upon the quality
of the view. The removal of the existing overhead utilities which may be seen from within the
structure or from outside living areas when looking towards Richardson Bay from the parcel
will provide a special benefit to residential parcels within the Assessment District that will vary
in proportion to the impact the existing overhead utilities and poles have on their view.
■ Safety Benefit.The undergrounding of the overhead facilities within the District will specially
benefit all parcels within the Assessment District in two ways from a safety perspective. The
first relates to the elimination of the threat to structures or property, including any occupants
within those structures, from being damaged or harmed by downed utility lines and poles
caused by earthquakes, high winds and other unforeseeable events. The second relates to the
removal of the fixed obstructions from the right-of-way,and the potential delay by emergency
responders in an emergency that will neither cross a downed power line nor set up equipment
if an overhead utility line is in the way until it has been de-energized.
As described in the Methodology section below, not all parcels receive these benefits to the same
extent based upon their land use(residential versus non-residential),and their proximity to the existing
overhead utilities that will be undergrounded.
To establish the special benefit each individual parcel within the Assessment District receives in
proportion to the other parcels within the Assessment District, a Benefit Point system is used. Each
parcel of land is assigned benefit points based upon the special benefit a parcel receives relative to the
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other parcels within the Assessment District from the utility undergrounding activities.
The Assessment Engineer has assigned benefit points to each residential parcel based upon the benefit
it receives from the undergrounding of the existing overhead utilities as discussed below.
■ District Aesthetics Benefit.All residential parcels within the Assessment District,which have
their primary ingress/egress along a street where the existing overhead utilities adjacent to their
parcel frontage(along either side of the street)will be undergrounded,will benefit equally from
the undergrounding of the existing overhead utilities. Each parcel which has existing overhead
utilities adjacent to its frontage is assigned one (1) benefit point for each existing or potential
dwelling unit which could be constructed on the parcel. Those parcels where the existing
overhead utilities do not front the parcel, but which receive utility services from the existing
overhead utilities within the Assessment District and must use the street(s)where the existing
utilities will be undergrounded will receive 50% of the benefit assigned to parcels where the
existing overhead utilities front the parcel since they are impacted to a lesser degree by the
existing overhead utilities.
Since the streets within the Assessment District do not provide access to areas which extend
beyond the boundaries of the Assessment District and since the overhead utilities in the
Assessment District are not generally visible from areas that are outside of the Assessment
District there is no aesthetic benefit for parcels that are not within the Assessment District
boundaries.
■ Safety Benefit. Parcels within the District will benefit from the elimination of potential
property damage from downed utility lines and poles, the removal of the fixed obstructions
from the right-of-way, and the mitigation of the potential for delay by emergency responders
that will neither cross a downed power line nor set up equipment if an overhead utility line is
in the way until it has been de-energized. Each parcel that has its point of ingress/egress along
a street which has overhead facilities that will be undergrounded is assigned one (1) benefit
point for each existing or potential dwelling unit which could be constructed on the parcel.
Parcels that are served by utilities which have been undergrounded adjacent to the parcel's
frontage, including utility services to the parcel, but which must use streets within the
Assessment District for ingress/and which would be impacted by downed wires or poles in the
existing overhead utilities that are to be undergrounded are assigned one-half(1/2) a benefit
point since they receive a reduced benefit because structure: or occupants would not be
damaged from downed utility lines and poles, but do receive a special benefit related to the
mitigation of potential for delays by emergency responders as a result of the downed utility
lines.
■ Enhanced Reliability Benefit. All parcels within the District that receive services from the
existing overhead utilities or which would be impacted by a service outage of the existing
overhead utilities within the District will specially benefit from the enhanced reliability of
service due to having all new wires and equipment and having such new equipment
underground, and the intelligent technology which minimizes the number of parcels impacted
by a service outage. Each parcel is assigned one(1)benefit point for each existing or potential
dwelling unit which could be constructed on the parcel. Parcels that are served by utilities
which have been undergrounded, including their service lines, immediately adjacent to the
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parcel but which tie into existing overhead utilities that will be undergrounded and which
would be impacted by a service outage in the existing overhead utilities that are to be
undergrounded are assigned one-half(1/2)a benefit point since they receive a reduced benefit.
■ Removal of Obstructions to View. The removal of obstructions to view from the overhead
utilities looking towards Richardson Bay will provide a special benefit to parcels based upon
their locations and the impact the existing overheard utilities that will be undergrounded have
on their view. The level of benefit a parcel receives is based on the following definitions.
o High(1.0). The view from the parcel looking towards Richardson Bay from within
the dwelling or from outside living areas is significantly obstructed by the presence
of the existing overhead utilities located adjacent to the parcel and will be improved
by the removal and undergrounding of the existing overhead utilities.
o Medium(0.5).The view looking towards Richardson Bay from within the dwelling
or from outside living areas is partially obstructed by the presence of the existing
overhead utilities and will be improved by the undergrounding of the existing
overhead utilities, but the existing overhead utilities are not generally located
adjacent to the parcel.
o Low (0.25). The view looking towards Richardson Bay from within the dwelling
or from outside living areas is minimally obstructed by the presence of the existing
overhead utilities that are visible from the parcels, but not generally located on the
street(s) immediately adjacent to the parcel, and the view will be minimally
unproved by the undergrounding of the existing overhead utilities.
o None(0.0). The parcel may or may not have a view of Richardson Bay from within
the dwelling,however,the existing overhead utilities that will be undergrounded are
not visible within the view shed of the parcel looking towards Richardson Bay.
Exceptions
There are several parcels within the Assessment District which are not developed or planned for
residential use. Each of those parcels has a conditional use permit which allows the continued use of
the parcel as it is currently developed, and no change in use is likely to occur which would alter the
special benefit the parcel receives. The methodology used to assign benefit points relative to the non-
residential use parcels is explained below.
1. St. Hilary Catholic Church and School
A.N. 16, 17 & 23 (Assessor's Parcel Numbers (APN) 055-253-22, 055-253-21 &039-151-52) is
developed as a parish and school-site owned by the Archdiocese of San Francisco and encompasses
roughly 7.62 acres. The main entrance to the school is on Rock Hill Road, which is being
undergrounded,and there is a second entrance on Hillary Drive which is also being undergrounded.
Both the church and school receive utility service from Rock Hill Road. Because this property is
developed as a church and school site, the special benefit which it receives is not the same as a
residential parcel based on its use.
a) Aesthetics Benefit. Schools and churches are treated differently than residential parcels
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when determining the aesthetic benefit they receive as a result of the undergrounding of
existing overhead utilities. Unlike residential parcels, parcels developed for religious or
school use are not more desirable to a potential purchaser as a result of the undergrounding
of the existing overhead utilities. This is a result of the limited number of parcels that may
be on the market and as a result there is not a direct impact on the desirability of a parcel
where the utilities have been undergrounded compared to a similar parcel which is served
by overhead utilities. However, some special benefit is attributable to the property from
improved aesthetics and it's reasonable to attribute the benefit to that of a single family
residence. One (1)benefit point is assigned for aesthetic benefit.
b) Improved Safety Benefit. The school and church property receives an improved safety
benefit from the undergrounding project which will remove the fixed obstructions along
the streets which provide access to the property and the potential for delay by emergency
responders that will neither cross a downed power line nor set up equipment if an overhead
utility line is in the way until it has been de-energized. The structures on these parcels will
not benefit from the elimination of potential property damage from downed utility lines and
poles since the existing overhead utilities are not located near any existing or potential
future structures. Since the primary benefit for these parcels is related to the removal of the
fixed obstructions along the streets used for ingress/egress and the reduction in the potential
delay by emergency responders, the benefit to these parcels is related to a residential
property based upon the number of trips generated per day which would use streets within
the Assessment District. Based upon an average of 10 trips per day for residential parcels
and an average of 2.7 trips per student per day(estimated enrollment of 276 students),these
parcels are the equivalent of 74.5 equivalent dwelling units. Since these parcels do not
benefit from the elimination of potential property damage or injury to occupants due to the
location of the improvement on these parcels in relationship to the location of the existing
overhead utilities, they receive a reduced benefit related to the removal of the fixed
obstructions and the reduction in potential delays by emergency responders. The safety
benefit is reduced by 75% rather than the 50% for a residential parcel where the utilities
have undergrounded adjacent to the parcel's frontage since the hours of use or occupancy
are less than for residential parcels. A total of 18.625 benefit points are assigned for the
safety benefit.
c) Enhanced Reliability Benefit. Residential parcels are assigned one(1)benefit point for each
electrical service to structures on the parcel. As there are five(5)independent structures on
the property served by the existing utilities, the enhanced reliability benefit is considered
for each of the structures and is then added together. The combined enhanced reliability
benefit for these parcels is 5 benefit points.
d) Removal of Obstructions to View. The location of the existing overhead utilities which will
be undergrounded do not impact the views from the structures or outside use areas and no
benefit points are assigned for this benefit factor.
2. Community Congregational Church of Tiburon
A.N. 33 (Assessor's Parcel Number(APN)039-111-21) is a church site and encompasses roughly
4.87 acres. The main entrance to the site is at the upper end of Rock Hill Road, which is being
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undergrounded. The church receives utility services from the existing overhead utilities Rock Hill
Road that will be undergrounded. Because this property is developed as a church, the special
benefit that it receives is not the same as a residential parcel based on its use.
a) Aesthetics Benefit. Churches are treated differently than residential parcels when
determining the aesthetic benefit they receive as a result of the undergrounding of existing
overhead utilities. Unlike residential parcels,parcels developed for religious use do not see
an increase in marketability to a potential purchaser as a result of the undergrounding of
the existing overhead utilities. This is a result of the limited number of parcels that may be
on the market and as a result there is not a. direct increase in the desirability of a parcel
where the utilities have been undergrounded compared to a similar parcel which is served
by overhead utilities. However,some benefit is attributable to the property from improved
aesthetics. It is reasonable to attribute the benefit to that of a single family residence. One
(1)benefit point is assigned for aesthetic benefit.
a) Improved Safety Benefit. The church property receives an improved safety benefit from the
undergrounding project which will remove the fixed obstructions along the streets which
provide access to the property and the potential for delay by emergency responders that will
neither cross a downed power line nor set up equipment if an overhead utility line is in the way
until it has been de-energized. The structures on this parcels will not benefit from the
elimination of potential property damage from downed utility lines and poles since the existing
overhead utilities are not located near any existing or potential future structures. Since the
primary benefit for these parcels is related to the removal of the fixed obstructions along
the streets used for ingress/egress, the benefit to these parcels is related to a residential
property based upon the number of trips generated per day. Based upon an average of 10
trips per day for a typical residential parcel and an average of 5.0 trips per 1,000 sq. ft.per
day for houses of worship and quadruple that rate for days of assembly(estimated useable
building area of approximately 12,500 sq. ft.),this parcels is the equivalent of 9 residential
units. The benefit received by this parcel is only related to the removal of the fixed
obstructions and the reduction in potential delays for emergency responders. As a result,
the safety benefit is reduced by 75%rather than the 50%for a residential parcel where the
utilities have been undergrounded adjacent to the parcel's frontage since the hours of use
or occupancy are less than for residential parcels. A total of 2.25 benefit points is assigned
for the safety benefit.
b) Enhanced Reliability Benefit. As there is a single structure on the property served by the
existing utilities, the Enhanced Reliability Benefit is considered to be the same as for a
single family home and 1.0 benefit point is assigned.
c) Removal of Obstructions to View. The existing overhead utilities do not impact the views
from the structure or outside use areas and no benefit points have been assigned for this
benefit factor.
3. Belvedere Tennis Club
A.N. 109 (Assessor's Parcel Numbers (APN) 055-201-36) is a tennis club and encompasses
roughly 3.61 acres. The main entrance to the site is located on Tiburon Boulevard, which has
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already been undergrounded. The tennis club receives utility services from the existing overhead
utilities which are located within Richardson Bay Lineal Park, which is adjacent to the rear of the
property. The benefit points assigned to this parcel are based upon the proposed relocation of the
point of utility service from the existing overhead facilities at the rear of the parcel to a location
adjacent to Tiburon Boulevard. In addition, the Sanitary District has an easement on the parcel
and has a small building which houses a pump station for the Sanitary District. Because this
property is a not used for residential uses, it has different levels of benefit based on how it is used.
a) Aesthetics Benefit. Non-residential uses on a parcel are treated differently when
determining any aesthetic consideration. Since the ingress/egress to the parcel is off of
Tiburon Boulevard and there are no overhead utilities adjacent to the parcel along Tiburon
Boulevard it will receive no aesthetic benefit from the utilities being undergrounded. In
addition as there is no requirement for vehicles to use streets where the existing overhead
utilities will be undergrounded to access this parcel,zero(0)benefit points are assigned for
the aesthetics benefit.
b) Improved Safety Benefit. This property receives an improved safety benefit from the
relocation of the existing overhead utilities at the rear of the property to new underground
facilities within/adjacent to the Tiburon Boulevard public right-of-way. Based upon a
street frontage of 75 feet for a typical residential parcel, the 590 linear feet of overhead
utilities along the rear of the parcel adjacent to the linear park is the equivalent frontage for
7.85 residential parcels. While the potential for damage to the Tennis Club's facilities exist
from downed wires or poles from the existing overhead utilities,the benefit is less than for
residential uses since the improvements which would be damaged would be limited to
fencing and ancillary structures around the tennis courts. Since the parcel will not benefit
from the removal of the fixed obstructions along the streets within the District and the
potential for delay by emergency responders that will neither cross a downed power line nor
set up equipment if an overhead utility line is in the way until it has been de-energized, the
safety benefit is reduced by fifty percent(50%) from a typical residential parcel which results
in the assignment of 3.925 benefit points for the improved safety benefit.
c) Enhanced Reliability Benefit. There are two (2) services on the property served by the
existing utilities,the enhanced reliability benefit is based upon the number of services and
2.0 benefit points are assigned. In addition, there is a pump station owned by the
Richardson Bay Sanitary District that is located within an easement on A.N, 104
(Belvedere Tennis Club) that is served by the existing overhead utilities. The
undergrounding of the existing utilities serving the pump station will provide enhanced
reliability. One(1)benefit point has been assigned for the enhanced reliability benefit for
that use.
d) Removal of Obstructions to View. The existing overhead utilities which are located on the
parcel adjacent to the Linear Park Trail have a significant impact on the views from the
clubhouse and outside use areas.The view from those areas will be significantly improved
by their removal. Based upon a street frontage of 75 feet for a typical residential parcel,
within the Assessment District, the approximately 590 linear feet of overhead utilities
located on the parcel adjacent to the linear park is equivalent to the frontage for 7.85
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Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 19
residential parcels. Based upon the assessment methodology described earlier, this parcel
would be assigned a total of 7.85 benefit units based upon the equivalent street frontage for
the removal of obstructions to view benefit. Since Article XIIID prohibits an assessment
on a parcel which is greater than the proportional special benefit which it receives, the
Assessment Engineer has reduced the benefit points assigned for Removal of Obstructions
to View by 50%to 3.925 benefit units.This is based upon a finding that the undergrounding
of the existing utilities will have a reduced impact on the desirability of the parcel and the
view from the parcel looking towards Richardson Bay to a potential purchaser when
compared to the benefit that residential parcels would receive from the removal of the
obstructions to view as a result of undergrounding of the existing utilities.
Vacant Properties
For purposes of calculating the benefit received from the utility undergrounding project, a vacant
parcel is considered developed to its highest potential and connected to the system. The following is
a brief discussion of the vacant property within this District.
For A.N. 24, Assessor's Parcel Number(APN) 039-111-55) a map to sub-divide this parcel into two
(2) parcels has been submitted to the Town and the parcel has a high potential for residential
development. Since it is likely that two (2) residences will be constructed on the parcel once sub-
division has been approved,benefit points are assigned to this parcel based upon the future subdivision
of the parcel for residential use. Since the new parcels will obtain utility services from the existing
utilities located on Via Pariso, no benefit points will be assigned for the enhanced reliability benefit.
Benefit points have been assigned to this parcel for the aesthetics, improved safety and view
enhancement benefits based upon the level of development (2 residential units) that would be
permitted as described in the previous section.
Properties Excluded from Assessment
In addition to the parcels described above, there are three (3) parcels within the boundaries of the
District that do not receive a special benefit from the undergrounding project and therefore have not
been assigned benefit points. The reasoning is as follows:
1. A.N. 55B (APN 055-183-30) is a sliver parcel that cannot be developed and, as such will not
benefit from the improvements.
2. A.N. 115B (APN 055-201-32)is a sliver parcel that cannot be developed and,as such will not
benefit from the improvements.
3. A.N. 117B (APN 055-201-25) is a sliver parcel that serves as a private roadway to serve A.N
117A (APN 055-201-02) and it cannot be further developed. As such, this parcel will not
receive a benefit from the improvements.
ASSESSMENT APPORTIONMENT
The special benefit received by parcels within the Assessment District has been weighted according
to the betterment received by them based upon a weighting of the benefits as shown below:
DRAFT—For Review Purposes Only I Harris & Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 20
District Aesthetics Benefit 50%
Safety Benefit 10%
Enhanced Reliability Benefit 10%
Removal of Obstructions to View 30%
The weighting shown is based upon the judgement and experience of the Assessment Engineer,a field
review of the parcels within the Assessment District by the Assessment Engineer, public testimony
and by the confirmation of this report by the Town Council based upon the absence of a majority
protest.
The amount of special benefit allocated to each parcel within the Assessment District that receives a
special benefit has been apportioned to each parcel in proportion to the benefit points assigned to the
parcel as a percentage of the total benefit points for each benefit factor. The general benefit derived
from the improvements as calculated in this report has been removed from the total amount to be
assessed. The assessment on each parcel does not exceed the costs of the proportional special benefit
conferred on the parcel. There are no publically owned parcels within the boundaries of the
Assessment District.
Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a pro
rata basis relative to the total construction cost allocations.
CONTRIBUTIONS
In addition to the contribution for general benefit, the Town has elected to make an additional
contribution of up to four hundred seventy four thousand, one hundred and seventy seven dollars
($474,177) to the Assessment District. If the total cost of construction and incidental expenses is
equal to or greater than the$10,757,563,then the full amount will be contributed. If the total cost of
the construction and incidental cost is less than $10,757,563, then the Town's contribution would be
reduced by a percentage equal to the percentage reduction of the costs. In determining the amount to
be assessed to each parcel as set forth in Appendix A,the Town contribution has been applied first to
reduce the assessments assigned to non-taxable properties (church owned) located within the
Assessment District by seventy-five percent. As such, the church owned parcels will be reduced by
seventy-five percent,for a reduction of$236,054.44. The balance of the Town contribution remaining
after the reduction in the assessments to the church owned parcels ($238,122.56) has been applied
proportionately to each of the remaining parcels to reduce the assessment on each parcel. Given this
application of the Town contribution,the assessment on each parcel within the District is proportional
to, and no greater than, the special benefits conferred on each parcel by the improvements. The
reduction in the assessments on the church owned parcels does not result in an increase in the
assessment on any other parcel in the Assessment District and is consistent with the provisions of
Article XIIID of the State constitution.
After the reducing the amount to be assessed by the Town contribution and related reduction in
financing costs as described above,the assessments to be levied upon each parcel is shown in Exhibit
1.
DRAFT—For Review Purposes Only I Harris& Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 21
Exhibit 1
Assessment Roll
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt No. parcel NumberI Liens Preliminarily as Confirmed Ratio
Value Approved and Recorded
1 055-222-06 $891,025 NA $104,076.89 8.6 : 1
2 055-222-05 $943,299 NA $104,076.89 9.1 : 1
3 055-222-04 $569,407 NA $88,329.60 6.4 : 1
4 055-222-03 $1,470,469 NA $18,999.74 77.4 : 1
5 055-222-07 $2,807,810 NA $88,329.60 31.8 : 1
6 055-222-08 $2,083,330 NA $104,076.89 20.0 : 1
7 055-222-09 $111,812 NA $135,571.46 0.8 : 1
8 055-222-10 $315,064 NA $135,571.46 2.3 : 1
9 055-222-11 $686,834 NA $104,076.89 6.6 : 1
10 055-222-12 $690,576 NA $104,076.89 6.6 : 1
11 055-222-13 $115,951 NA $72,582.32 1.6 : 1
12 055-222-14 $453,520 NA $72,582.32 6.2 : 1
13 055-222-15 $1,810,744 NA $72,582.32 24.9 : 1
14 055-222-18 $683,785 NA $72,582.32 9.4 : 1
15 055-222-19 $1,353,264 NA $72,582.32 18.6 : 1
16 055-253-22 $825,935 NA $32,588.85 25.3 : 1
17 055-253-21 $731,592 NA $18,880.63 38.7 : 1
18 055-221-01 $1,123,091 NA $104,076.89 10.8 : 1
19 055-221-02 $587,922 NA $104,076.89 5.6 : 1
20 055-221-03 $128,609 NA $104,076.89 1.2 : 1
21 055-221-04 $111,812 NA $104,076.89 1.1 : 1
22 055-221-05 $163,250 NA $104,076.89 1.6 : 1
23 039-151-52 $7,827,681 NA $17,740.73 441.2 : 1
24 039-151-55 $62,187 NA $147,609.97 0.4 : 1
25 039-151-47 $2,638,220 NA $88,329.60 29.9 : 1
26 039-151-37 $271,819 NA $104,076.89 2.6 : 1
27 039-151-54 $3,905,666 NA $83,854.49 46.6 : 1
28 039-151-24 $1,539,079 NA $135,571.46 11.4 : 1
29 039-151-23 $1,178,254 NA $135,571.46 8.7 : 1
30 039-151-22 $2,996,295 NA $104,076.89 28.8 : 1
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Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 22
Assessor's Total True Existing Assessments as AssessmentsValue-to-LienAsmt No. Parcel Number1 Liens preliminarily as Confirmed Ratio
Value Approved and Recorded
31 039-151-21 $2,334,059 NA $135,571.46 17.2 : 1
32 039-111-22 $1,323,805 NA $135,571.46 9.8 : 1
33 039-111-21 $830,641 NA $21,431.21 38.8 : 1
34 039-152-04 $1,853,708 NA $72,582.32 25.5 : 1
35 039-152-03 $2,342,604 NA $72,582.32 32.3 : 1
36 039-152-02 $376,745 NA $88,329.60 4.3 : 1
37 039-152-01 $2,590,984 NA $88,329.60 29.3 : 1
38 055-211-32 $1,425,058 NA $88,329.60 16.1 : 1
39 055-211-31 $3,689,175 NA $88,329.60 41.8 : 1
40 055-211-17 $2,834,626 NA $104,076.89 27.2 : 1
41 055-211-16 $915,179 NA $104,076.89 8.8 : 1
42 055-211-15 $1,083,077 NA $135,571.46 8.0 : 1
43 055-211-02 $1,503,439 NA $135,571.46 11.1 : 1
44 055-211-03 $1,491,162 NA $135,571.46 11.0 : 1
45 055-211-04 $322,758 NA $135,571.46 2.4 : 1
46 055-211-05 $1,372,745 NA $135,571.46 10.1 : 1
47 055-211-06 $1,094,841 NA $104,076.89 10.5 : 1
48 055-211-07 $1,978,690 NA $104,076.89 19.0 : 1
49 055-211-08 $199,573 NA $104,076.89 1.9 : 1
50 055-183-28 $643,971 NA $104,076.89 6.2 : 1
51 055-183-27 $1,584,315 NA $104,076.89 15.2 : 1
52 055-183-26 $1,309,013 NA $104,076.89 12.6 : 1
53 055-183-25 $869,577 NA $88,329.60 9.8 : 1
54 055-183-24 $1,285,564 NA $72,582.32 17.7 : 1
55A * 055-183-23 $703,975 NA $88,329.60 8.0 : 1
55B * 055-183-30 $1 NA $0.00 0.0 : 1
56 055-183-29 $959,584 NA $88,329.60 10.9 : 1
57 055-183-21 $167,188 NA $88,329.60 1.9 : 1
58 055-183-20 $2,912,644 NA $88,329.60 33.0 : 1
59 055-183-19 $1,143,532 NA $104,076.89 11.0 : 1
60 055-183-18 $216,242 NA $104,076.89 2.1 : 1
61 055-183-17 $190,283 NA $104,076.89 1.8 : 1
62 055-183-16 $483,174 NA $104,076.89 4.6 : 1
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Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 23
Assessments as Assessments
Assessor's Total True Existing Value-to-Lien
Asmt No. parcel Number I Liens Preliminarily as Confirmed Ratio
Value Approved and Recorded
63 055-183-15 $628,098 NA $88,329.60 7.1 : 1
64 055-183-14 $1,367,902 NA $88,329.60 15.5 : 1
65 055-183-13 $1,116,930 NA $104,076.89 10.7 : 1
66 055-182-11 $1,203,974 NA $104,076.89 11.6 : 1
67 055-182-12 $173,527 NA $104,076.89 1.7 : 1
68 055-182-13 $754,734 NA $104,076.89 7.3 : 1
69 055-182-14 $778,406 NA $104,076.89 7.5 : 1
70 055-182-15 $1,355,266 NA $104,076.89 13.0 : 1
71 055-182-16 $1,001,081 NA $104,076.89 9.6 : 1
72 055-212-01 $1,363,987 NA $104,076.89 13.1 : 1
73 055-212-02 $111,812 NA $104,076.89 1.1 : 1
74 055-212-03 $1,504,600 NA $104,076.89 14.5 : 1
75 055-212-04 $818,570 NA $104,076.89 7.9 : 1
76 055-212-05 $1,250,723 NA $104,076.89 12.0 : 1
77 055-212-06 $85,921 NA $104,076.89 0.8 : 1
78 055-212-07 $409,352 NA $104,076.89 3.9 : 1
79 055-212-08 $1,192,408 NA $104,076.89 11.5 : 1
80 055-212-09 $1,690,525 NA $104,076.89 16.2 : 1
81 055-212-10 $125,905 NA $104,076.89 1.2 : 1
82 055-191-01 $409,670 NA $135,571.46 3.0 : 1
83 055-191-02 $2,092,251 NA $135,571.46 15.4 : 1
84 055-191-03 $1,689,533 NA $135,571.46 12.5 : 1
85 055-191-04 $203,495 NA $104,076.89 2.0 : 1
86 055-.191-05 $1,542,164 NA $104,076.89 14.8 : 1
87 055-191-06 $131,232 NA $104,076.89 1.3 : 1
88 055-191-07 $1,239,528 NA $104,076.89 11.9 : 1
89 055-191-08 $2,284,359 NA $135,571.46 16.8 : 1
90 055-191-09 $1,484,560 NA $135,571.46 11.0 : 1
91 055-191-10 $549,150 NA $104,076.89 5.3 : 1
92 055-191-11 $2,819,402 NA $135,571.46 20.8 : 1
93 055-191-24 $1,708,726 NA $104,076.89 16.4 : 1
94 055-191-13 $127,347 NA $104,076.89 1.2 : 1
95 055-191-14 $1,541,496 NA $104,076.89 14.8 : 1
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Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 24
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt No. parcel NumberI Liens Preliminarily as Confirmed Ratio
Value Approved and Recorded
96 055-191-15 $134,405 NA $104,076.89 1.3 : 1
97 055-191-16 $148,531 NA $88,329.60 1.7 : 1
98 055-191-17 $364,917 NA $88,329.60 4.1 : 1
99 055-191-18 $766,002 NA $104,076.89 7.4 : 1
100 055-191-19 $145,497 NA $104,076.89 1.4 : 1
101 055-191-20 $960,800 NA $104,076.89 9.2 : 1
102 055-191-21 $170,841 NA $104,076.89 1.6 : 1
103 055-191-22 $1,286,885 NA $104,076.89 12.4 : 1
104 055-191-23 $107,906 NA $104,076.89 1.0 : 1
105 055-213-01 $834,164 NA $104,076.89 8.0 : 1
106 055-213-02 $978,575 NA $104,076.89 9.4 : 1
107 055-213-03 $1,049,313 NA $104,076.89 10.1 : 1
108 055-213-04 $1,183,495 NA $104,076.89 11.4 : 1
109 055-201-36 $2,246,216 NA $312,510.59 7.2 : 1
110 055-201-14 $563,603 NA $52,038.44 10.8 : 1
111 055-201-35 $155,348 NA $88,329.60 1.8 : 1
112 055-201-34 $1,294,497 NA $57,063.20 22.7 : 1
113 055-201-09 $1,682,597 NA $52,038.44 32.3 : 1
114 055-201-33 $320,802 NA $52,038.44 6.2 : 1
115A * 055-201-31 $1,005,553 NA $52,038.44 19.3 : 1
115B * 055-201-32 $1 NA $0.00 0.0 : 1
116 055-201-01 $4,367,962 NA $104,076.89 42.0 : 1
117A * 055-201-02 $108,709 NA $36,291.15 3.0 : 1
117B * 055-201-25 $965 NA $0.00 0.0 : 1
118 055-171-12 $1,848,821 NA $41,315.91 44.7 : 1
119 055-171-11 $265,359 NA $72,582.32 3.7 : 1
120 055-171-13 $3,566,704 NA $41,315.91 86.3 : 1
Total $141,425,336 $11,846,005.27 11.9 :1
Notes:
1/ True Value of Parcels means the total value of the land and improvements as estimated and shown on the last
equalized roll of the County or as otherwise reasonably calculated.
DRAFT—For Review Purposes Only I Harris & Associates
Town of Tiburon November 1,2017
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Preliminary Engineer's Report Page 25
Exhibit 2
Debt Limit Valuation
A. ESTIMATED BALANCE TO ASSESSMENT $11,846,006
B. UNPAID SPECIAL ASSESSMENTS $0
TOTAL A&B $11,846,006
C. TRUE VALUE OF PARCELS $141,425,336 **
AVERAGE VALUE-TO-LIEN RATIO 11.9 : 1
* Unpaid Special Assessments shall consist of the total principal sum of all unpaid special
assessments previously levied or proposed to be levied other than in the instant proceedings.
** True Value of Parcels means the total value of the land and improvements as estimated and shown
on the last equalized roll of the County or as otherwise reasonably calculated.
This report does not represent a recommendation of parcel value, economic viability or financial
feasibility, as that is not the responsibility of the Assessment Engineer.
DRAFT—For Review Purposes Only Harris & Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 26
Part IV
Annual Administrative Assessment
An amount shall be added to each annual installment of the unpaid assessments to pay costs incurred
by the City and not otherwise reimbursed,which result from the administration of the bonds and reserve
or other related funds,all as set forth in Section 10312 of the Act.The maximum annual administrative
assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways
Code and shall not exceed fifty dollars($50.00)per parcel per year,subject to an annual increase based
on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban
Consumers in the San Francisco-Oakland-San Jose areas. The exact amount of the administration
charge will be established each year by the Town of Tiburon.
It should be expressly understood that the annual administrative assessment, as set forth above, is
separate from and is in addition to the $16.00 per parcel collection fee which will be added to each
annual installment pursuant to Section 8682 of the California Streets and Highways Code,and is further
separate from and in addition to specific fees payable to the Town in connection with(a)prepayments
of assessments by property owners, (b) apportionments of assessments to reflect divisions of parcels
and (c) late charges and penalties which become payable in the event of delinquency in the payment
of assessment installments by December 10 and April 10 each year.
The above fees and assessments (except those for prepayments and apportionments)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.
Properties that have paid their assessments in full will not be subject to this annual administrative
assessment.
DRAFT—For Review Purposes Only ( Harris&Associates
Town of Tiburon November 1,2017
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Preliminary Engineer's Report Page 27
Part V
Boundary Map and Diagram of Assessment District
A reduced copy of the Assessment Diagram is provided as Appendix B. Full-sized copies of the
Boundary Map and Assessment Diagram are on file in the Office of the Town Clerk, of the Town of
Tiburon.
As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment
District and the assessment number assigned to each parcel of land corresponding to its number as it
appears in the Assessment Roll contained in Part III Table 1. The Assessor's Parcel Number is also
shown for each parcel as they existed at the time of the passage of the Resolution of Intention and
reference is hereby made to the Assessor's Parcel Maps of the County of Marin for the boundaries and
dimensions of each parcel of land.
DRAFT—For Review Purposes Only Harris & Associates
Town of Tiburon November 1,2017
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Preliminary Engineer's Report Page 28
Part VI
Description of Facilities
Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital
facilities and services within or along its streets or any public way or easement. The following is a list
of proposed improvements as allowed under the Act to be installed, or improved under the provisions
of the Act, including the acquisition of required right-of-way and/or property. For the general location
of the improvements to be constructed referenced is hereby made to the Plans and Specifications
described in Part I of this report.
The following improvements are proposed to be constructed and installed in the general location
referred to as the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding
District) and will include:
1. Construction of mainline underground power, telephone and cable conduit, with appurtenant
manholes,pull boxes and transformers and like structures.
2. Construction of service conduit and appurtenances to property line.
3. Installation of new conductor within said conduit and underground structures by the utility
companies.
4. Installation of replacement street lights.
5. Removal of existing overhead power, telephone and cable wires,poles and streetlights.
The improvements will be designed by PG&E, AT&T, Comcast, and the Town of Tiburon (joint
trench). The Town of Tiburon will inspect the work to ensure conformance to Town ordinances,rules,
warrants,regulations, standards and specifications where applicable.
Each owner of property located within the Assessment District will be responsible for arranging for
and paying for work on his or her property necessary to connect facilities constructed by the public
utilities in the public streets and alleys to the points of connection on the private property. Conversion
of individual service connections on private property is not included in the work to be funded by the
Assessment District.
The estimated time for completion of the undergrounding of the utilities is 36 months after the
formation of Assessment District. Construction is estimated to begin approximately 18 months after
the formation of the Assessment District. Property owners will be required to provide necessary
underground connections within 120 days of the completion of the underground facilities.
DRAFT—For Review Purposes Only I Harris& Associates
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Preliminary Engineer's Report Page 29
Right-of-Way Certificate
STATE OF CALIFORNIA
COUNTY OF MARIN
TOWN OF TIBURON
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true
and correct.
That at all time herein mentioned, the undersigned was, and now is, the authorized representative of
the duly appointed TOWN ENGINEER of the TOWN OF TIBURON, CALIFORNIA.
That there have now been instituted proceedings under the provisions of Article XIIID of the California
Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and
Highways Code of the State of California, for the construction of certain public improvements in a
special assessment district known and designated as ASSESSMENT DISTRICT NO. XXXX-XX
(hereinafter referred to as the "Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
All easements or right-of-way necessary for the construction and installation of the public
improvements of the Assessment District either have been obtained or are in process of being obtained
and will be obtained and in the possession of the affected utility company, the Town, the County of
Marin or the State of California prior to commencement of the construction and installation of such
public improvements.
EXECUTED this day of , 2017, at TOWN OF TIBURON, CALIFORNIA.
TOWN ENGINEER
TOWN OF TIBURON
STATE OF CALIFORNIA
By:
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Preliminary Engineer's Report Page 30
Certificate of Completion of Environmental Proceedings
STATE OF CALIFORNIA
COUNTY OF MARIN
TOWN OF TIBURON
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That I am the person who is authorized to prepare and process all environmental documentation as
needed as it relates to the formation of the special Assessment District being formed pursuant to
the provisions of the "Municipal Improvement Act of 1913" being Division 12 of the Streets and
Highways Code of the State of California, said special Assessment District known and designated
as the TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE
UNDERGROUNDING DISTRICT) (hereinafter referred to as the "Assessment District").
2. The specific environmental proceedings relating to this Assessment District that have been
completed are as follows:
CEQA compliance review:
The proposed project is subject to CEQA review.An Initial Study has been prepared. Since the
undergrounding of the utilities in their present alignment could have a significant effect on the
environment, a revision to the project has been made or agreed by the project proponent to
relocate the existing utilities so that there will not be a significant effect. A Mitigated Negative
Declaration is being prepared for approval and certification by the Town.
3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of
the Assessment District have been completed to my satisfaction,and that no further environmental
proceedings are necessary.
EXECUTED this day of , 2017, at TOWN OF TIBURON, CALIFORNIA.
By:
TOWN OF TIBURON
STATE OF CALIFORNIA
DRAFT—For Review Purposes Only Harris &Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Appendix A
Appendix A
Assessment Calculations
Assessor's Remove View Aesthetics Safety Reliability Allocation of Construction and Incidental Cost
Remove View Less Estimated Balance to
Asmt Parcel No. Obstructions Benefit Benefit Benefit Remove View Aesthetics Reliability
Obstreutions Safety Benefit Contributions Financing Cost Assessment
Property APN Address- 11 Factor Factor Factor Factor Obstructions Benefit Benefit
700 HAWTHORNE DR 1 055-222-06 Medium 0.500 1.000 1.000 1.000 527,978.06 ". S47,599.84 57,950.90 $8,927.43 $2,10823 513,728.90 $104,076.89
710 HAWTHORNE DR 2 055-222-05 Medium 0.500 1.000 1.000 1.000 527,978.06 547,599.84 57,950.90 $8,927.43 S2,108.23 $13,728.90 _$104,0_76.89_
730 HAWTHORNE DR 3 055-222-04 Low 0.250 1.000 1.000 1.000 $13,989.03 547,599.84 S7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329b0
741 TBURON BLVD 4 055-222-03 None 0.000 0.000 1.000 1.000 $0.00 S0.00 $7,950.90 $8,927.43 5384.87 52,506.28 $18,999.74
757 HAWTHORNE DR 5 t 055-222-07 Low 0.250 1.000 1.000 1.000 $13,989.03 S47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329.60
735 HAWTHORNE DR 6 055-222-08 Medium 0.500 1.000 1.000 1.000 $27,978.06 .`$47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
725 HAWTHORNE DR 7 055-222-09 High 1.000 1.000 1.000 1.000 S55,956.12 $47,599.84 $7,950.90 $8,92243 52,746.20 $17,883.38 $135,571.46
711 HAWTHORNE DR i 8 055-222-10 High 1.000 1.000 1.000 1.000 $55,956.12 $47599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 8]35 g7],46
705 HAWTHORNE DR 9 055-222-11 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 S2,108.23 $13,728.90 $104,076.89
700 HILARY DR 10055-222-12 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $3,927.43 52,108.23 $13,728.90 $104,076.89
710 HILARY DR 11 055-222-13 None 0.000 1.000 1.000 1.000 $0.00 S47,599.84 S7,950.90 $3,927.43 $1,47026 S9,574AI $72,582.32_
720 HILARY DR -12 055-222-14 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8,927.43 $1,470.26 $9,574.41 $72,582.32
730 HILARY DR 13 055-222-15 None 0.000 1.000 1.000 1.000 50.00 $47,599.84 57,950.90 $8,927.43 $1,470.26 59,574.41 $72,582.32
740 HILARY DR (4 055-222-18 None 0.000 1.000 1.000 1.000 50.00 `r 547,599.84 S7,950.90 $8,927.43 $1,470.26 $9,574.41 $72,582.32_
750 HILARY DR �is 055-222-19 None 0.000 1.000 1.000 1.000 50.00 I $47,599.84 $7,950.90 $3,927.43 S1,470.26 S9,574.41 $72,582.32
761 HILARY DR 16 055-253-22 None 0.000 1.000 6.000 2.000 50.00 547,599.84 $47,70538 $17,854.87 $84,870.07 $4,298.83 _ $3_2,588.85
761 HILARY DR 17 055-253-21 None 0.000 0.000 6.000 2.000 $0.00 $0.00 $47,705.38 $17,854.87 $49,170.19 $2,490.56 $18,880.63
745 HILARY DR 18r 055-221-01 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 S2,10823 1 $13,728.90 $104,076.89
735 HILARYDR 19 055-221-02 Medium 0.500 1.000 1,000 1.000 527,978.06 $47,599.84 $7,950.90 $3,927.43V$46,201.59
$13,728.90 $104,076.89
725 HILARY DR 20 055-221-03 Medium 0.500 1.000 1.000 1.000 S27,978.06 ` $47,599.84 $7,950.90 $8,927.43 $13,728.90 $10_4,076.89__
715 HILARY DR 21 055-221-04 Medium 0.500 1.000 1,000 1.000 S27,978.06 $47,599.84 $7,950.90 $3,927.43 $13,728.90 $104,076.89
705 HILARY DR 22 055-221-05 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 $13,728.90
$104,076.89
765 HILARY DR 23 039-151-52 None 0.000 0.000 6.625 1.000 $0.00 i $0.00 $52,674.69 $3,927.43 $2,340.20 $17.740.73
24 039-151-55 Low 0.500 2.000 1.000 0.000 527,978.06 S95.199.68 $7,950.90 $0.00 $19,471 A0 $147,609.97
146 ROCK HILL RD 25 039-151-47 Low 0.250 1.000 1.000 1.000 813,989.03 4 $47,599.84 $7,950.90 $3,927.43 51,789.25 $11,651.66 $88,329.60
148 ROCK HILL RD 26 039-151-37 Medium 0.500 1.000 i 1.000 1.000 527,978.06 i $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
150 ROCK HILL RD 27 039-151-54 low 0.250 1.000 0.500 1.000 513,989.03 'i $47,599.84 $3,975.45 $8,927.43 $1,698.60 $11,061.34 $83,854.49
154 ROCK HILL RD 28 039-151-24 High 1.000 1.000 1.000 1.000 555,956.12 $47,599.84 $7,950.90 $8,927.43 S2,746.20 $17,883.38 $135,571.46
.__�. .- ------- -----' ---- ...........................
----------------- ---------------- ---- ----------------- ----
160 ROCK HILL RD 29 039-151-23 High 1.000 1.000 1.000 1.000 555,956.12 $47.599.84 $7,950.90 $8,927.43 S2,746.20 $17,883.38 $135,571.46
166 ROCK AII.L RD30 039-151-22 Medium 0.500 1.000 1.000 1.000 $27,978.06 1 $47,599.84 $7,950.90 $3,927.43 52,108.23 $13,728.90 $104,076.89__
168 ROCK HILL RD 31-J� 039-151-21 High 1.000 1.000 1.000 1.000 S55,956.12 $47,599.84 $7,950.90 $3,927.43 $2,746.20 S17,883.38 $]38,571.46___
170ROCKHLLLPD 32 039-111-22 High 1.000 1.000 J 1.000 1.000 555,956.12^ $47,599.84 $7,950.90 $3,927.43 $2,746.20 417,883.38 $135,571.46
145 ROCK HILL RD 33 039-111-21 None 0.000 1.000 2.250 1.000 $0.00 $47,599.84 $17,889.52 $3,927.43 $55,812.59 $2,827.02 $21,431.21
159 ROCK HILL RD 34 039-152-04 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8,927.43 S1,47026 $9,574.41 $72,582.32
Note:The estimated fmancing cost represents the approximate reduction in the assessment if the assessment is paid in full during the 30 day cash collection period.
A-1
DRAFT-For Review Purposes Only Harris&Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Appendix A
Assessor's Remove View Aesthetics Safety Reliabilitv Allocation of Construction and Incidental Cost
Remove View Less Estimated Balance to
Asmt Parcel No, Obstructions Benefit Benefit Benefit Remove View Aesthetics Reliability
Obstreutions Safety Benefit Contributions Financing Cost Assessment
Property Address No. APN Factor Factor Factor Factor Obstructions Benefit Benefit
155 ROCK HILL RD 35 039-152-03 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8,927.43 S1,470.26 $9,574.41 $72,582.32
115 ROCK HILL RD - 36 039-152-02 Low 0.250 1.000 1.000 1,000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 51,789.25 $11,651.66 $88,329.60
105 ROCK HILL RD [ 37 '= 039-152-01 Low 0.250 1.000 jp 1.000 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 51,789.25 $11,651.66 $$$,329.60
SO DELMAR DR 38 055-211-32 Low 0.250 1 1.000 1.000 1.000 $13,989.03 1 $47,599.84 $7,950.90 $8.927.43 51,789.25 1 $11,651.66 $88329.60
40 DELMAR DR 39 055-211-31 Low 0.250 1.000 1.000 1.000 513,989.03 "" $47,599.84 $7,950.90 $8,927.43 S1,789.25 $11,651.66 $88,329.60
30 DELMAR DR 40 055-211-17 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8.927.43 $2,108.23 $13,728.90 $104,076.89
20 DELMAR DR 41 055-211-16 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 57,950.90 $8,927.43 $2,10823 513,728.90___$104,076.89----
93 ROCK HILL RD 42 055-211-15 High 1.000 1.000 - 1.000 1.000` 555,956.12 $47,599.84 S7,950.90 $8,927.43 -$2,746.20 $17,883.38 $135,571.46
699 HILARY DR 43 055-211-02 High 1.000 1.000 1.000 1.000 555,956.12 !: $47,599.84 57,950.90 $8,927.43 $2,746.20 S17,883.38__ $135,571.46_
697 HILARY DR 44�- 055-211-03 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 $2,74620 517,883.38 $135,571.46
695 HILARY DR- 45 - 055-211-04 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 57,950.90 $8,927.43 $2,746.20 517,883.38 $135,571.46
693 HILARY DR 46 055-211-05 High 1.000 1.000 L000 1.000 $55,956.12 ; $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135,571.46
691 HILARY DR 47 055-211-06 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 52,108.23 $13.728.90 $104,076.89
689 HILARY DR 48 055-211-07 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 52,108.23 $13,728.90 $104,076.89
687 HILARY DR 49 055-211-08 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 52,108.23 $13,728.90 $104,076.89
685 HILARY DR 50� 055-183-28 Medium 0.500 1-000 1.000 1.000 $27,978.06 $47,599.84 57,950.90 $8,927.43 $2,10823 513,728.90 $104,076.89_
683 HILARY DR 51~ 055-183-27 Medium 0.500 1.000- 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
681 HILARY DR 4 52 ? 055-183-26 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 513,728.90 $104,076.29
4 MARAVISTA CT 53 055-183-25 Low 0.250 1.000 1.000 1,000 $13,989.03 I $47,599.84 57,950.90 $8,927.43 $1,78925 Si1,651.66 $88,329.60
12 MARAVISTA CT 54055-183-24 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8.927.43 $1,470.26 $9,574.41 $72582.32
14 MARAVISTA CT 55A* 055-183-23 Low 0.250 1.000 1.000 1.000 $13,989.03 ;i $47,599.84 S7,950.90 $8,927.43 $1,78925 S11,651.66 A$$$,3_29_60
14 MARAVISTA CT 55B* 055-183-30 None 0.000 0.000 0.000 0.000 SO.00 :i $0.00 $0.00 50.00 50.00 $0.00 $0.00
20 MARAVISTA CT 56 055-183-29 Low 0.250 1.000 1.000 1.000 513,989.03 $47,599.84 57,950.90 $8,927.43 $1,78925 511,651.66 $$$,329.60
24 MAP AVISTA CT i 57 055-183-21 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,599.84 57,950.90 $8,927.43 $1,789.25 511,651.66 $88,329.60
27 MARAVISTA CT 58 055-183-20 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,599.84 57,950.90 $8,927.43 $1,789.25 S11,651.66 $88,329-60
25 MARAVISTA CT 59 055-183-19 Medium 0.500 1.000 1.000 1.000 $27,978.06 '.; $47,599.84 57,950.90 $8,927.43 $2,108.23 S13,728.90 $104,076.89
21 MARAVISTA CT T 60 055-183-18 Medium 0.500 1.000 1.000^ 1.000 $27,978.06 $47,599.84 $7,950.90 $8.927.43 $2,108.23 $13,728.90 $104,076.89
------ --'---'--------- -' - ------- ------- -------
17 MARAVISTA CT 61 055183-17 Medium 0.500 1.000 1.000 1.000 $27,978.06 ? $47,599.84 57,950.90 $8,927.43 $2,108.23 513,728.90 $104,076.89
13 MARAVISTA CT 62 055-183-16 Medium 0.500 1.000 1.000 1.000 $27,978.06 y $47,599.84 57,950.90 $8,927.43 $2,108.23 $13,728.90 .$104,076.89
----------------------1-----"--------------------- ---=-- ------- ----------------------------------------' ----------- -------
9MARAVISTACT 63 055-183-15 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,599.84 S7,950.90 $8,927.43 $1,78925 S11,651.66 $88,329.6_0__
S MARAVISTA CT64 055-183-14 Low 0.250 1.000- e 1.000 1.000 $13,989.03 $47,599.84 �S7,950.90 $8,927.43 $1,789.25 $11,651.66 $$$,329.60
I MARAVISTA CT 65 055-183-13 Medium 0.500 1.000 ( 1.000 1.000 $27,978.06 $47,599.84 S7,950.90 $8,927.43 $2,10823 $13,728.90 $104,076.89
678 HILARY DR 66 055-182-11 Mcdium 0.500 1.000 1.000 1.000 $27,978.06 ii $47,599.84 57,950.90 $8,927.43 $2,108.23 513,728.90 $104,076.89
680 HILARY DR - 67 055-182-12 Medium 0.500 1.000-� 1.000 1.000 $27,978.06 ➢ $47,599.84 57,950.90 $8,927.43 $2,108.23 S13,728.90 $104,076.89
682 HILARY DR 68 .055-182-13 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 57,950.90 $8.927.43 $2,108.23 $13,728.90 $104,076:89
684 HILARY DR 69 055-182-14 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47.599.84 57,950.90 $8.927.43 $2,108.23 SI3.728.90 $104,076.89
686 HILARY DR 70 055-182-15 1 Medium 0.500 1.000 1,000 1.000 527,978.06 $47,599.84 $7,950.90 1 $8,927.43 52,10 .23 513,728.90 $104,076.89
Note:The estimated financing cost represents the approximate reduction in the assessment if the assessment is paid in full during the 30 day cash collection period.
A-2
DRAFT-For Review Purposes Only I Harris&Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Appendix A
Assessor's Remove View Aesthetics i Safetv Reliability Allocation of Construction and Incidental Cost
Remove View Remove Estimated Balance to
Asmt Parcel No. Obstructions Benefit Benefit Benefit Remove mew, °; Aesthetics Reliability
Obstrcutions _ Safety Benefit Contributions Financing Cost Assessment
Pro erty Address No. APN Factor Factor Factor Factor Obstructions i Benefit Benefit
688 HILARY DR 71 055-182-16 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
690 HILARY DR 72 055-212-01 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 $2.108.23 $13,728.90 $104,076.89
692 HILARY DR 73 055-212-02 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $]04,076.89
694 HILARY DR 74 055-212-03 Medium 0.500 1.000 1.000 1.000 $27,978.06-' $47,599.84 $7,950.90 $8,927.43 $2.108.23 $13,728.90 $104,076.89
696 HILARY DR 75 055-212-04 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,999.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
3ROCK HILL RD76 055-212-05 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89_
699 HAWTHORNE DR 77 055-212-06 Medium 0.500 1.000 1.000 1.000 527,978.06-' $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89_
-- -=-------------- -
697HAWTHORNE DR v 78 055-212-07 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
695 HAWTHORNE DR 79 055-212-08 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89
693 HAWTHORNE DR 80055-212-09 Medium 0.500 1.000 1.000 1.000 $27,978.06 ? $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90_ _$104,076.89
691 HAWTHORNE DR 81 055-212-10 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89
689 HAWTHORNE DR 82 055-191-01 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 58,927.43 $2,746.20 $17,883.38 $135,571.46
687 HAWTHORNE DR 83 J-055-191-02 High 1.000 1.000 1.000 1.000 555,956.12 ? $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135,571.46
685 HAWTHORNE DR 84 055-191-03 High 1.000 1.000 1.000 1.000 555,956.12 $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135.571.46
683 HAWTHORNE DR 85 055-191-04 Medium 0.500 1.000 1.000 1.000 527,978.06 f $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90_ $1_04,076.89__
681 HAWTHORNE DR 86 w 055-191-05 Median 0.500 1.000 1.000 1.000 $27,978.06 £ $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
679 HAWTHORNE DR 87 055-191-06 Medium 0.500 1.000 1.000 1.000 S27,978.06 $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
677 HAWTHORNE DR 88 055-191-07 Medium 0.500 1.000 1.000 1.000- $27,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104076.89_
675 HAWTHORNE DR 89 055-191-08 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 S8,927.43 $2,746.20 $17,883.38 $135,571.46
673 HAWTHORNE DR 90 055-191-09 High 1.000 1.000 1.000 1.000 $55,956.12 E $47,599.84 $7,950.90 S8,927.43 $2,746.20 $17,883.38 $135,571.46
671 HAWTHORNE DR 91 055-191-10 Medium 0.500 1.000 T 1.000 1.000 527,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89
-----------------------�--------�----'----- --------- ---- --`------------..____.---------- ---------------------------._......------------'----------..._---------._.._---..
669 HAWTHORNE DR 92 055-191-I1 High 1.0001.000 1.000 1.000 555,956.12 $47,599.84 $7,950.90 58,937.43 $2,746.20 $17,883.38 $135.57L46-
668HAWTHORNE DR 93 055-191-24 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89
670 HAWTHORNE DR 94055-191-13 Medium 0.500 1.000 1.000 1.000 $27,978.06 i $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.8_9_
672 HAWTHORNE DR� 95 055-191-14 Median 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 513,728.90 $104,076.89
674 HAWTHORNS DR 96 055-191-15 Medium 0.500 1.000 1.000 1.000 $27,978.06 -$47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 - $104,076.89
676 HAWTHORNS DR 97 055-191-16 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,599.84 $7,950.90 58,927.43 $1,789.25 $11,651.66 $8_8,329.60
678 HAWTHORNE DR 98 055-191-17 Low 0.250 1.000 1.000 1.000 513,989.03 $47,599.84 $7,950.90 58,927.43 $1,789.25 $11,651.66 S88,329.60
680 HAWTHORNS DR 99 055-191-18 Medium 0.500 1.000 -1.000 1.000 $27,978.06 i $47,599.84 $7,950.90S8,927.43 $2,108.23 $13,728.90 $104,076.89
------------ -------+------ ------ ----- -- -----=------ -- -- -----=`--------- ----------------------`--------- -------- -------
682 HAWTHORNE DR 100 055-191-19 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
684 HAWTHORNE DR 101 055-191-20 Medium 0.500 1.000 1.000 1.000 527,978.06 ( $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
686 HAWTHORNE DR 102 055-191-21 Medium 0.500 1.000 1.000 1.000 $27.978.06 C $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13.728.90 $104,076.89
688 HAWTHORNE DR 103 055-191-22 Medium 0.500 1.000 1.000 1.000 $27,978.06 % $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
690 HAWTHORNE DR 104 055-191-23 Median 1 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
692 HAWTHORNS DR 105 055-213-01 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,07_6.89_
694 HAWTHORNE DR 106J 055-213-02 Medium 1 0.500 1.000 1.000 1.000 $27,978.06 E $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
Note:The estimated financing cost represents the approximate reduction in the assessment if the assessment is paid in fiill during the 30 day cash collection period
A-3
DRAFT-For Review Purposes Only Hams&Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Appendix A
Assessor's Remove View Aesthetics Safety Reliability Allocation of Construction and Incidental Cost
Remove View Less Estimated Balance to
Asmt Parcel No. Obstructions Benefit Benefit Benefit Remove View AestheticsReliability
Obstrcutions Safety Benefit ` Contributions Fi nancing Cost Assessment
Property Address No. AP Factor Factor Factor Factor Obstructions Benefit Benefit
696 HAWTHORNE DR107 055-213-03 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 > $7,950.90 S8,92T43 $2,108.23 $13,728.90_ $104,0_76.89
698 HAwTHORNE DR 108 055-213-04 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 ! $7,950.90 $8,927.43 52,108.23 $13,728.90_ $104.076.89___
700 T(BURON BLVD 109 055-201-36 High 3.925 0.000 3.925-� 3.000 $219,62776 J $0.00 $31,207.27 $26,782.37 $6,330.37 $41,223.62 $312,510.99
8 PALMER CT z110 055-201-14 Low 0.250 0.500 0.500 0.500 $13,989.03 " $23,799.92 S3,975.45 ? S4,463.71 51,054.12 $6,864.45 $92,038.44
4 PALMER CT 111 055-201-35 Low 0.250 1.000 1.000-T 1.000 $13,989.03 $47,599.84 57,950.90 S8,927.43 $1,789.25 $11,651.66 $88,329.60
2 PALMER CT 112 055-201-34 Low 0.250 0.500 0.500 1.000 $13,989.03 `. $23,799.92 $3,975.45 58,927.43 $1,155.90 $7,527.27_ _$57,063.20_
9 PALMER CTi Ila 055-201-09 Low 0.250 0.500 0.500 0.500 $13,989.03 $23,799.92 ! $3,975.45 54,463.71 $1,054.12 $6,864.45 $52,038.44
7 PALMER CT 114 055-201-33 Low 0.250 0.500 0.500 0.500 $13,989.03 $23,799.92 $3,975.45 54,463.71 $1,054.12 $6,864.45_ _$52,038.44
5 PALMERCT 115A* 055-201-31 Low 0.250 0.500 0.500-� 0.500 $13,989.03 $23,799.92_ $3,975.45 54,463.71 $1,054.12 $6,864.45 $52,038.44
5 PALMER CT i 115B* 055-201-32 None 0.000 0.000 0.000 0.000 $0.00 ? $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 PALMER CT 116 055-201-01 Mediwn 0.500 1.000 1.000 1.000 $27,97806 t $47,599.84 $7,95090 ` 58,927.43 S2,108.23 $13,72890 $104,076.89
IO SOMMERS CT 117A* 055-201-02 None 0.000 0.500 0.500 0.500 $0.00 $23,799.92 ? $3,975.45 i 54,463.71 5735.13 $4,787.21 $36,291.15
10 SOMMERS CT 117B* 055-201-25 None 0.000 0.000 0.000 0.000 $0.00 ! $0.00 $0.00 $0.00 $0.00 50.00 $0.00
660 TIBURON BLVD 118 055-171-12 None 0.000 0.500 0.500 1.000 $0.00 $23,799.92 53,975.45 S8,927.43 5836.92 $5,450.03
$41,315.91
654 TIBURON BLVD 119 055-171-11 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 S8,927.43 $1,470.26 $9,574.47_ $72,582.32
650 TIBURON BLVD 120 055-171-13 None 0.000 0.500 0.500 1.000 $0.00 $23,799.92 $3,975.45 $8,927.43 5836.92 $5,450.03 $41,315.91
Totals: 129 Parcels 57.675 113.000 135300 120.500 $3,227,269.03 $5,378,781.72 `i $1,075,756.34 $1,075,75533 $474,177.00 $1,562,619.84 $11,846,005.27
Note:The estimated financing cost represents the approximate reduction in the assessment if the assessment is paid in full during the 30 day cash collection period
A-4
DRAFT-For Review Purposes Only Harris&Associates
Town nfTiburon November 1'2U17
Assessment District No.2017'1 (Hawthorne Undor rounding District)
Preliminary Engineer's Report Appendix
AppendixDB
Assessment Diagram
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DRAFT—For Review Purposes Only �m�m | Harris&Associates 0�0� |
DRAFT RESOLUTION NO. xx-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PRELIMINARILY APPROVING THE ASSESSMENT
ENGINEER'S REPORT AND FIXING THE TIME AND PLACE
OF THE PUBLIC HEARING FOR TOWN OF TIBURON
ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE
UNDERGROUNDING DISTRICT)
WHEREAS, by Resolution No. 01-2017 (the "Resolution of Intention") in the proceedings
for the formation of Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding
District) (the "Assessment District")this Town Council ordered a report(the "Report")prepared by
Harris &Associates (the "Assessment Engineer") in accordance with the provisions of the Municipal
Improvement Act of 1913 (the "1913 Act")to include the information required by Section 10204 of
the Streets and Highways Code, and in accordance with Part 7.5 of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2960
et seq. (the "1931 Act") and to include the information required by Streets and Highways Code
Section 2961; and
WHEREAS, the Assessment Engineer has prepared the Report which includes the
information required under the 1913 Act and the 1931 Act and filed it with the Town Clerk, and the
Report has been presented to this Town Council for consideration; and
NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order
and resolve as follows:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. The Report is preliminarily approved, and the Town Clerk is directed to
endorse the fact and date of such approval on the Report and to file the Report in her office. The
Report shall stand as the report for the purpose of Section 10204 of the Streets and Highways Code
and for all subsequent proceedings under the 1913 Act and Article XIIID of the California
Constitution ("Article XIIID"), except that it may be conformed, modified or corrected as provided
in the 1913 Act and Article XIIID.
SECTION 3. Pursuant to Section 2961 of the Streets and Highways Code and based on the
information set forth in the Report, this Town Council finds that the total amount of the principal
sum of all unpaid special assessments levied against the parcels proposed to be assessed, other than
contemplated by the present proceedings, plus the principal amount of the special assessment
proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the
parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Section
2961.
SECTION 4. A public hearing shall be held on February 7, 2018 at 6:00 p.m. at the regular
meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California 94920 to hear and consider protests and objections to the proposed Assessment
Page 1 of 2
Town Council Resolution No.xx—2017 DRAFT 11/29/2017
EXHIBIT NO.
District and the Report and to receive and count the ballots for and against the proposed Assessment
District.
SECTION 5. At least 45 days prior to the public hearing referred to in Section 4 hereof, the
Town Clerk shall cause a notice of the public hearing referred to in Section 4 hereof to be mailed,
postage prepaid, to all persons owning real property proposed to be assessed and whose names and
addresses appear on the last equalized County of Marin assessment roll or the State Board of
Equalization assessment roll, as the case may be. Such notice shall conform in all respects to the
provisions of Section 53753 of the California Government Code and Section 4 of Article XIIID.
SECTION 6. Not later than fifteen (15) days following the adoption of this Resolution, the
Town Clerk shall cause a copy of the map of the proposed boundaries of the Assessment District to
be recorded in the Office of the County Recorder for the County of Marin in accordance with the
requirements of Section 3111 of the Streets and Highways Code.
SECTION 7. This Resolution shall take effect immediately upon its passage.
SECTION 8. The Town Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
JIM FRASER, Mayor
ATTEST:
LEA STEFANI, Town Clerk
Page 2 of 2
Town Council Resolution No.xx—2017 DRAFT 11/29/2017