HomeMy WebLinkAboutTC Agenda 2018-02-07 TOWN OF TIBURON Tiburon Town Council
Tiburon Town Hall February z y 7,2018
1505 Tiburon Boulevard
Special Meeting—6:00 p.m.
Tiburon, CA 94920 Regular Meeting—7:30 p.m.
TIBURON
TOWN COUNCIL
AGENDA
SPECIAL MEETING—6:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks,Councilmember Thier,Vice Mayor Kulik,Mayor Fraser
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.
OATH OF OFFICE
The Town Clerk will administer the oath of office to appointed Councilmember Jon Welner, and he will
take his seat on the dais.
PUBLIC HEARINGS
PH-1. Hawthorne Undergrounding—Conduct public hearing,count ballots and consider adoption of
resolution confirming assessments or abandoning proceedings (Office of the Town Manager)
ADJOURNMENT—to regular meeting
REGULAR MEETING—7.30 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulik,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.
PRESENTATION
P-1. Mayor's Proclamation-Police Commendation
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council,public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes - Adopt minutes of January 10, 2018 special meeting (Town Clerk
Stefani)
CC-2. Town Council Minutes-Adopt minutes of January 17,2018 special and regular meetings (Town
Clerk Stefani)
CC-3. Town Signature Authority - Adopt resolution authorizing check signing authority to reflect
changes in the composition of the Town Council(Director of Administrative Services Bigall)
CC-4. IT Coordinator - Authorize IT Coordinator staff position and shared services agreement
(Department of Administrative Services)
PUBLIC HEARINGS
PH-1. Tiburon Tourism Business Improvement District-Conduct public hearing to:
a. Consider any protests to continue TTBID assessments as set forth in Resolution No. 01-
2018
b. Consider adoption of a resolution to continue TTBID assessments as set forth in
Resolution No.01-2018
ACTION ITEMS
AI-1. Town Council Board and Committee Assignments - Adopt updated list of Town Council
committees and board representation for 2018 (Mayor Fraser)
AI-2. McKegney Field- Receive update on the McKegney Field Improvements Project and authorize
staff to put the project out to bid(Office of the Town Manager/Department of Public Works)
AI-3. Bench Plaque Exemption - Consider exemption request for bench plaques on Town property
(Office of the Town Manager)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests January 19&26,and February 2,2018
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 February 7, 2018
L
Tiburon, CA 94920Agenda Item: PH-1
,S
STAFF REPORT
�L.
To: Mayor and Members of Town Council
From: Town Manager
Town Attorney
Subject: Hawthorne Undergrounding District-Public Hearing and Ballot Tabulation
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
is attached as Exhibit 1.
On January 4, 2017, the Town Council unanimously passed Resolution No. 01-2017 which, in
addition to indicating Town's intent to form The District, did the following:
• Approved the Preliminary Boundary Map for The District
• Appointed Stradling, Yocca, Carlson and Routh as Bond Counsel, and Samuel Sperry as
advisory Bond Counsel for The District
• Appointed Harris and Associates as Assessment Engineer for the project.
• Directed the Assessment Engineer to prepare a Preliminary Engineer's Report with certain
information including the following:
o Preliminary plans and specifications for the improvements.
o An estimate of the costs of the improvements.
o The proposed assessment to each of the parcels within The District based on the
direct and special benefit received by each parcel from the improvements.
o The assessment diagram depicting the boundaries of The District and the parcels
to be assessed.
On September 19, 2017, Council considered the Draft Preliminary Engineer's Report (September
19 Report) for the project. After receiving a staff presentation, conducting a public hearing and
deliberating, Council directed Vice Mayor O'Donnell to work with staff, the Assessment
Engineer and others to look for opportunities to address the issues and concerns raised by Council
during their deliberations on this item.
On November 29, 2017, the Council adopted Resolution No. 35-2017, which approved the
Preliminary Engineer's Report and fixed February 7, 2018 at 6:00 p.m. at Town Hall as the time
and place of hearing protests and objections to The District as proposed and count the ballots for
and against the proposed assessments to be levied. A copy of the agenda packet and the adopted
Resolution from the November 29, 2017 meeting is attached hereto as Exhibit 2.
Consistent with Resolution 35-2017, the Town Clerk caused notice to be given of the time and
place of tonight's hearing. Likewise, the Town Clerk caused the mailing of the proposed
assessments and ballots to the Property Owners on December 8, 2017, more than the required 45
days prior to tonight's hearing. For ballots received prior to tonight's public hearing, the Town
Clerk has kept such ballots in a secure location, and they have not been opened. Finally,
consistent with the Town's adopted policy, on January 22, 2018, the Town, Sperry Capital, and
the Assessment Engineer met with the property owners to provide an update on project, and to
discuss financing of the proposed improvements.
DISCUSSION
After the November 29, 2017 meeting, the District Engineer prepared the Final Engineer's
Report, and attached hereto as Exhibit 3 is the Final Engineer's Report that sets forth the
description of the improvements to be constructed, the cost estimate, the assessment for each
parcel, the boundary map and the assessment diagram. At tonight's meeting, the Council will
open the public hearing to listen to any public comment for or against the District, and will then
announce prior to the close of the public hearing that any remaining votes, or requests to change
previously submitted voted, be submitted to the Town Clerk. Upon the close of the public
hearing, property owners will no longer be able to vote on the District, and the Council will call
for the tabulation of ballots. The Town Clerk will open and count the ballots, with ballots being
weighted on dollars assessed. If based on the ballots cast and the required weighting of the
ballots the majority of the votes are against the proposed assessments, the proceedings must be
abandoned, and the Council will adopt the Resolution Declaring the Abandonment of
Proceedings attached hereto as Exhibit 4.
If there is no majority protest, and the Council concurs with the assessments,the Council will
adopt the Resolution Confirming Assessments attached hereto as Exhibit 5. The Town will then
promptly record a notice of assessment for all of the individual parcels assessed and there will be
a 30-day opportunity for any property owner to prepay their assessment. There will also be a
second 30-day period to prepay assessments which will occur immediately prior to the sale of the
bonds.
RECOMMENDATION
After hearing a presentation from staff and answering any questions, Council should open the
public hearing to allow public testimony on this item. Upon closing the public hearing, the
Council should direct the Town Clerk to tabulate the ballots. If a majority protest is received, the
Council must adopt the attached Resolution Declaring the Abandonment of Proceedings for
Assessment District No. 2017-1. If there is no majority protest, the Council has the following
options:
1. Move forward with the District by adopting the Resolution Making Determinations,
Confirming Assessments and Proceedings and Designating the Superintendent of Streets
to Collect and Receive Assessments and to Establish a Special Fund for Town of Tiburon
Assessment District No. 2017-1 (Hawthorne Undergrounding District);
2. Abandon the undergrounding District by adopting the Resolution Declaring the
Abandonment of Proceedings for Town of Tiburon Assessment District No. 2017-1
(Hawthorne Undergrounding District).
EXHIBITS
1. Proposed Boundary Map for Proposed Undergrounding
2. November 29 Town Council Package for Hawthorne Undergrounding District
3. Assessment Engineer's Report
4. Draft Resolution to Abandon
5. Draft Resolution Confirming Assessments
Prepared By: Greg Chanis,Town Manager
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' TOWN OF TIBURON Town Council Special Meeting
November 29, 2017
1505 Tiburon Boulevard Agenda Item: Al-1
Tiburon, CA 94920
STAFF
L;
(.. REPORT
To: Mayor and Members of Town Council
From: Town Manager
Town Attorney
Subject: Haw orne Undergrounding 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 Proceduresfor 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
EXHIBIT
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
F
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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JUNE 22,2017 1 1
CERTIFICATE OF TOWN CLERK
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
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
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 Ist 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 set-vices are fairly
allocated between all affected Property Owners.
Policy&Procedures for the
Formation of Utility Undergrounding Assessment Districts
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8. Second Council Meeting-Preliminary 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
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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
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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
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RESOLUTION NO. 0 1-2017
A RESOLUTION OF 'I 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
WHEREAS, the proposed boundaries of the Assessment District are shown on a map which
Indicates by a boundary line the extent of tile 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" (the
"Map"), which Map is ort 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 seq.) ("CEQA") and
its implementing guidelines (144 California Code of Regulations Section 15000 et seq.) (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.
SEC"CION 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 Improvemetits generally include the u7dergrounding 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. The Town Council hereby finds and declares that the public interest and
necessity requite 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 Corn III Lill iCation facilities to underground locations,
and the acquisitioil of the Improvements, to make the expenses thereof chargeable upon the area
included within the Assessment District, and to form the Assessment District.
SECTIONS. 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 the 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 of 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 (tile "Report"), which Report shall
comply with the requirements of Section 10204 and Section 2961 of the Streets and Highways Code
and Article X111D 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 III prove ments, 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 (tile assessment shall refer to the subdivisions by
their respective numbers assigned as provided in (d)above).
(t) A proposed maxiniurn 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 funds.
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 amount, as clear as may be determined, of the total principal suns 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 D►Strict, 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 thefull 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 fl'om 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 amount 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 boards), 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 on 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 on 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 Part I LI 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 1,2. The Town Council hereby determines that the `]'own 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,
SECTION 13. The public interest will not be served by allowing the property owners to take
any contract to be let for the construction of the 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 from such refunding shall be
done on a pro rata basis as required pursuant to Section 8571.5 or 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 finds 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 annum, 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 cast 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.]S. The Town Council hereby waives the requirement in the 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 Chanes
Town Manager
1505 Tiburon Boulevard
Tiburon, California 94920
(415)435-7373
SECTION 20. This Resolution shall take effect immediately upon 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
JIM FRASEIt e M for-
ti ATTEST:
S6&
LEA STEFANI, Irown Clerk
I
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
DRAFT—For Review Purposes Only-Costs are not finalized
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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Town of Tiburon November 1,2017
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Preliminary Engineer's Report Page 1
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(E)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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Preliminary Engineer's Report Page 2
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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Preliminary Engineer's Report Page 3
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 fi•om 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 , 2017.
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 , 2017.
TOWN CLERK
TOWN OF TIBURON
STATE OF CALIFORNIA
Final approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA,on the
day of , 2017.
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 II
Cost Estimate
Assessment District No. 2017-1
(Hawthorne Undergrounding District)
JOINT TRENCH CONSTRUCTION COSTS $4,718,001
30%construction contingency $1,415,400
UTfILITY 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 AN, 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
DRAFT—For Review Purposes Only U1 Harris & Associates
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. I I 5 (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:
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Town of Tiburon November 1,2017
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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 M1 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 Rall
Assessor'sTotal True Existing Assessments as Assessments
Value-to-Lien
Asmt No. Parcel Number1 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 : l
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 Assessments Value-to-Lien
Asmt 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 : l
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
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Preliminary Engineer's Report Page 23
Assessments as Assessments
Assessor's Total True Existing Value-to-Lien
Asmt No. parcel Number � 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
Assessors Total Tuve 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:
l/ 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
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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 I 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
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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 I Harris&Associates
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Page 28
Part VT
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
Town of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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 prion 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:
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 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. 1 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 I 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 ViewLess Estimated Balance to
Asmt Parcel No. Obstructions Benefit Benefit Benefit Remove View '. Aesthetics Reliability
Obstreutions Safety Benefit Contributions Financing Cost Assessment
Property Address No. APA Factor Factor Factor Factor Obstructions i Benefit Benefit
700 HAWTHORNE DR 1 055-222-06 Medium 0.500 1.000 1.000 1.000 $27,978.06 i. $47,599.84 57,950.90 $8,927.43 $2,108.23 573,728.90 $104,076.89
7 10 HAWTHORNE DR 2 055-222-05 Medium 0.500 1.000 1.000 1.000 527,978.06 547,599.84 57,950.90 $8,927A3 $2,108.23 513,728.90 $I04,076.89
730 HAWTHORNE DR 3 055-222-04 Low 0.250 1.000 1.000 1.000 $13,989.03 547,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329.60
747 TTBURON BLVD4 055-222-03 None 0.000 0.000 7.000 1.000 $0.00 $0.00 $7,950.90 $8,927.43 $384.87 $2,506.28 $18,999.74
757 HAWTHORNE DR 5 055-222-07 Low 0.250 1.000 1.000 1.000 $13,989.03 S47,599.84 S7,950.90 $8,927.43 51,789.25 511,651.66 _$88,329b0
735 HAWTHORNE DR 6 055-222-08 Medium 0.500 1.000 1.000 1.000 $27,978.06 i, $47,599.84 $7,950.90 $8.927.43 52,108.23 $13,728.90 $104,076.89
725 HAWTHORNE DR 7 _ 055-222-09 High 1.000 1.000 1.000 1.000 555,956.12 $47,599.84 $7,950.90 $8,927.43 52,746.20 517,883.38 $135,571.46
711 HAWTHORNE DR 8 055-222-10 Higb 1.000 1.000 1.000 1.000 $55,956.12 i 547.599.84 $7,950.90 $8,927.43 52,746.20 $17,883.38 $135,571.46
705 HAWTHORNE DR 9 055-222-11 Medium 0.500 1.000 1.000 1.000 $27,978.06 547,599.84 $7,950.90 $8,927.43 52,108.23 $13,728.90 $104,076.89
700 HILARY DR 10 055-222-12 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_ $104,076.99
710HILARY DR 11 z 055-222-13 None 0.000 1.000 i 1.000 1.000 SO-00 $47,599.84 S7,950.90 $8,927.43 $1,47026 S9,574.41 $72,58232
720 HILARY DR 12 055-222-14 None 0.000 I.000 1.000 1.000 $0.00 l $47,599.84 $7,950.90 $3,927.43 $1,470.26 59,574.41 $72,582.32
730HILARY 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 $1,47026 $9,574.41 $72,582.32
740HILARY DR 14 055-222-18 None 0.000 1.000 1 1.000 1.000 SO.00 t 547,599.84 57,950.90 $8,927.43 $1,47026 $9,574.41 $72,58232_
750 HILARY DR 15 055-222-19 one 0.000 1.000 1.000 1.000 50.00 $47.599.84 $7,950.90 $8.927.43 51,47026 59,574.41 $72,582.32
761 HILARY DR 16 055-253-22 None 0.000 1.000 6.000 2.000 50.00 $47,599.84 $47,705.38 $17,854.87 $84,870.07 $4,298.83 $32,588.85
761 HILARYDR 17 055-253-21 None 0.000 0.000 6.000 2.000 50.00 . SUO $47,70538 517,854.87 $49,I70.19 $2,490.56 $18,880.63
745 HILARY DR 18 055-221-01 Medium 0.500 1.000 1.000 1.000 S27,97806 $47,599.84 $7,950.90 $8,927.43 52,10823 $13,728.90 $104,076.89
735HILARY DR 19055-221-02 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $3,927.43 52,708.23 $13,728.90 $104,076.89
725 HILARY DR 20 055-227-03 Medium 0.500 1.000 1.000 1.000 S27,978.06 ' 547,599.84 $7,950.90 $8,927.43 52,10823 $13,728.90 $104,076.89
715HILARY DR 21 055-221-04 Medium 0.500 1.000 1.000 1.000 S27,978.06 $47,599.84 $7,950.90 $8,927.43 S2,108.23 513,728.90 $104,076.89
705HU-ARYDR 22 055-221-05 Medium 0.500 1.000 z 1.000 1.000 $27,978.06 $47,599.84 57,950.90 $3,927.43 52,108.23 $13,728.90 $104076.89
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 $46,201.59 $1,340.20 $17.740.73
24 039-151-55 Low 0.500 2.000 1.000 0.000 S27,978.06 i $95399.68 $7,950.90 50.00 S2,990.06 $19,471-40 $347,609.97
146 ROCK HILL RD 25 039-151-47 Low 0.250 1.000 1.000 1.000 513,989.03 547,599.84 57,950.90 $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 1.000 1.000 527,978.06 TS47,599.84 57,950.90 $3,927.43 $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 s $47,599.84 53,975.45 $8,927.43 S1,698.60 $11,061.34 $83,354.49
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 $3,927.43 52,746.20 517,883.38_ $735,571.46
160 ROCK HILL RD� 29 039-151-23 High 1.000 1.000 1000 1.000 555,956.12 $47.599.84 $7,950.90 $8.927.43 52,746.20 $17,88338 $135571.46
166 ROCKIIILLRD 30039-151-22 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $3,927.43 S2,10823 513,728.90 __$104,076.89
168 ROCK HILL RD _ 31 039-151-21 High 1.000 1,000 1.000 1.000 S55,956.12 $47,599.84 $7,950.90 $8.927.43 $2,746.20 517,883.38 $135,571.46
170 ROCK HILL RD 32 039-111-22 High 1.000 1.000 1.000 1.000 S55,956.12 $47,599.84 $7,950.90 58,927.43 $2,74620 S17,883.38 $135,571.46
145 ROCK HILL RD 33 039-111-21 None 0.000 1.000 2.250 1.000 50.00 $47.599.84 $17,889.52 $8,927.43 $55,812.59 $2,827.02 _ $21,43127__
759 ROCK HILL RD 34 039-752-04 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
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-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 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 Aesthetics Reliability
Pro rtvAddress No. APN Obstrcutions Factor Factor Factor Factor Obstructions r Benefit Safety Benefit Benefit Contributions Financing Cost Assessment
155 ROCK HILL RD 35 039-I52-03 None 0.000 1.000 1,000 1.000 50.00 ? $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 57,450.90 $8.927.43 57,789.25 $11,651.66 $$8,329.60
lOSROCK KILL RD 37 039-152-01 Low 0.250 1.000 i 1.000 1.000 _ $13,989.03 $4.� 759984 $7,950.90 $8,927.43 $1,789.25 -$11,651.b6 $88,329.60
50DELMARDR38 055-211-32 Low 0250 1.000 1.000 1.000 $13,989.03 '. $47,599.84 $7,950.90 - $8,927A3 51,789.25 $11,651.66 $88329-60
40DELMARDR 39 055-211-31 Low 0.250 1.000 1.000 1.000 513,989.03 $47,599.84 57,950.90 $8,92743 $1,789.25 $11,651.66 $$$,329.60
30DELMARDR 40 055-211-17 Medium 0.500 1.000 1.000 1.000 S27,978.06 $47,599.84 $7,950.90 $8.927.43 52,108.23 513.728.90 $_104,076.89_
20DELMARDR41 055-211-16 Medium 0.500 1.000 1.000 1.000 527,978.06 ! $47,599.84 $7,950.90 $8,92743 $2,108.23 513,728.90 $104,0_76.89__
93 ROCK HILL RD 42 055-211-15 High 1.000 1.000 1.000 1.000 555,956.12 $47,599.84 57,950.90 $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 $2,74620 S17,883.38 _ 5135,571.46
697 HILARY DR 44 055-211-03 High 1.000 1.000 1.000 1.000 -$55,956.12 $47,599.84 57,950.90 $8,927.43 52,74620 517,883.38 $135,571.46
645 HILARY DR 45 5-211-04 Hi000 1.000 1.000 1,000 $55,956.12 $47,599.84 57,950.90 $8,927.43 $2,746.20 $17,88338 $135,571.46
693 HILARY DR 46 055-211-05 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
691 HILARY DR47 055-211-06 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
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 58,927.43 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 S2,I08.23 $13,728.90 $104,076.99
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 S13.728.90 $104,076.89
681 HILARYDR 52 055-183-26 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
4MARAVISTA Cr 53 055-183-25 Low 0250 1.000- 1.000 1.000 $13,989.03 $47,599.84 57,950.90 $8,927.43 $1,78925 Si 1,651.66 $$$,329.60
12 MARAVISTA Cr 54 055-183-24 None 0.000 1.000 1.000 1.000 50.00 a $47,599.84 57,950.90 $8,927.43 $1,470.26 $9,574.41 $72582.32
14MARAVISTACT SSA' 055-183-23 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,599.84 57,950.90 $8,927.43 $1,78925 S11,651.66 $88_329.60
14 MARAVISTA CT SSB" 055-193-30 None 0.000 0.000 0.000 0.000 SO.00 ij $0.00 $0.00 $0.00 SO.00 $0.00 $0.00
20 MARAVISTA Cr 56 055-183-29 Low 0250 1.000 1.000 1.000 $13,989.03 7 $47,599.84 57,950.90 $8,927.43 $1,789.23 511,651.66 $8829.60
24 MARAVISTA CT 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 MARAVISTACr 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 $2,108.23 513,728.90 $104,076.89
21 MARAVISTA CT 60 055-183-18 Medium 0.500 1.000 1,000 1.000 $27,978.06 i $47,599.84 57,950.90 $8.927.43 $2,10823 513,728.90 $104,076.89
--------------------+-- --.....-------'---------'----- -i._..-..`.-----.....---'-'---`-- -= --------------"--------. ------._.--_...-'--'--"----'----'-'--'---------"
17 MARAVISTA CT 61055-183-17 Medium 0.500 1.000 1.000 1.000 $27,978.06 i $47,599.84 57,950.90 $8,927.43 $2,10&23 SI3,728.90 $104,076.89
13 MARAVISTA Cr 62 055-183-16 Medium 0.500 1.000 1.000 1.000 $27,978.06 i $47.599.84 57,950.40 $8,927.43 $2,108.23 $13,728.90 .$104,076.89
9MARAVISTACT 63 055-183-15 Low 0.250 1.000 1.000 1.000 513,989.03 $47,599.84 57,950.90 $8,927.43 $1,789.25- 511,651.66 _ $88,329.60
5 MARAVISTA CT 64 055-183-14 Low 0.250 1.000 1.000 1.000 $13,489-03 $47,599.84 S7,950.90 $8,927.43 $1,789.25 511,651.66 588,329-60
1 MARAVISTA CT 65 055-183-13 Medium 0.500 1.000 1.000 1.000 $27,978.06 i $47,599.84 57,950.90 $8,927.43 $2,108.23 SI3,728.90 _ $104,076.89_
678 HILARY DR 66 055-182-11 Medium 0.500 1.000 1.000 1,000 $27,978.06 1 $47,599.84 57,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
7-
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 $13,728.90 $104,076.89
682HILARYDR 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 $2,108.23 513,728.90 $104,076-99
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 $2,10823 $13,728.90 $104,076.89
686 HILARY DR 70 = 055-182-15 Medium 0.500 1.000 1.000 1 1.000 1 527,97806 's 547,599.94 $7,950.90 $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 ( Harris&Associates
Town of Tiburon November 1,2017
Assessment District No.2417-1 (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 ViewAesthetics Reliability
Obstrcutions Safety Benefit Contributions Financing Cost Assessment
Property Address No. APN Factor Factor Factor Factor Obstructions Benefit Benefit
688HILARYDR 71 055-182-16 Medium 0.500 1.000 1.000 1.000 527,978.06 $47,599.84 $7,950.90 $3,927.43 $2,108.23 $13,728.90 $704,076.89
690HILARYDR 72 055-212-01 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $3,927.43 $2,108.23 $13,728.90 $104,076.89
692HILARYDR 73 055-212-02 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 $]04,076.89
694HILARYDR 74 ^ 055-212-03 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
696HILARYDR 75 055-212-04 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
3ROCK HILL RD 76 055-212-05 Medium 0.500 1.000 1.000 1.000 S27,978.06 547,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
69914AWTHORNEDR 77 055-212-06 Medium 0.500 1.000 1,000 1.000 $27,978.06 547,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.39
- T-
697HAWTHORNEDR 78 055-212-07 Medium 0.500 1.000 1.000 1.000 $27,978.06 i $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.84
695 HAWTHORNE DR 79 z 055-212-08 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
693 HAWTHORNE DR 80 055-212-09 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_ 8104,076.89
641 HAWTHORNEDR81 055-212-10 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
689 HAWTHORNE DR 82 055-191-01 High 1.000 1.000 1.000 1.000 $55,956.12 i $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38
$135.571-46
687 HAWTHORNE DR 83 055-191-02 High 1.000 1.000 1.000 1.000 S55,956.12 $47,599.84 $7,950.90 58,927.43 $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 $55,956.12 E $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135,571.46
683 HAWTHORNE DR i 85 055-191-04 Medium 0.500 1.000 1.000 1.000 S27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89__
681 HAWTHORNE DR 86 055-191-05 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
679 HAWTHORNE DR 87 055-I91-06 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
677 HAWTHORNE DR 88 055-191-07 Medium 0.500 1.000 1.000 1.000 S27,978.06 i $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89
675 HAWTHORNE DR 89 055-191-08 High 1,000 1.000 1.000 1.000 $55,956.12 547,599.84 $7,950.90 S8,927A3 $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 $47,599.84 $7,950.90 58,927.43 $2,746.20 $17,883.38 $135,571.46_
671 HAWTHORNE DR 91 055-191-10 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
669 HAWTHORNE DR 92 055-191-11 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 $7,950.90- $8,927.43 52,746.20 $17,883.38 $135,571.46
668 HAWTHORNE DR 93 055-191-24 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
670 HAWTHORNE DR 94 055-191-13 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 38,927.43 $2,108.23 $13,728.90_ $104,076.89
672 HAWT14ORNE DR 95 055-191-14 Medium 0.500 1.000 1.000 1.000 $27,978.06 s $47,599.84 $7,950.90 S8,927A3 $2,108.23 $13,728.90 $104,076.89
674 HAWTHORNE DR 96055-191-15 Medium 0.500 1.000 1.000 1.000 527,978.06 i $47,599.84 $7,950.90 58,927.43 $2,108.23 $13,728.90 $104,076.89
676 HAWTHORNE DR 97 055-191-16 Low 0.250 1.000 1.000 1.000 $13,989.03 ( $47,599.84 $7,950.90 S8,927.43 $1.789.25 511,651.66 588,329.60
678 HAWTHORNE DR 98 { 055-191-17 Low 0250 1.000 1.000 1.000 $13,989.03 i $47,599.84 $7,950.90 S8,927.43 $1,789.25 $11,651.66 $58,329.60
680 HAWTHORNE DR 99 055-191-18 Medium 0.500 1.000 1.000 1.000 527,978.06 i $47,599.34 $7,950.90 S8,927.43 $2,108.23 $13,728.90 $104,076.89_
682 HAWTHORNE DR 100 055-191-19 Medium 0.500 1.000 t 1.000 1.000 527,978.06 $47,599.84 $7,950.90 58,927-43 $2,10823- $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 $27.97806 $47,599.84 $7,950.90 $8,927.43 $2.108.23 $13.728.90_ $104,076.89
688HAWTHORNE DR 103 055-191-22 Medium 0.500 1.000- 1.000 1.000- $27,978.06 i $47,599.84 $7,950.90 $8,927.43 $2,10823 $13,728.90 $104,076.89
690 HAWTHORNE DR t04�- 055-191-23 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
692 HAWTHORNE DR 105 055-213-01 Medium 0.500 1.000 1.000 L.000 $27,978.06 $47,599.84 $7,950.90 S8,927.43 $2,108.23 $13,728.90 _ $104,076.89
694HAWTHORNEDR 106 055-213-02 Medium 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 full during the 30 day cash collection period
A-3
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 Reliability Allocation of Construction and Incidental Cost
Remove View Less Estimated Balance to
Asmt Parcel No. Obstructions Benefit Benefit Benefit Remove View z Aesthetics Reliability
Property Address No. (APN) Factor Factor Factor Factor Obstructions - Benefit Safety Benefit `: Benefit Contributions Financing Cost Assessment
696 HAWTHORNE DR 107 055-213-03 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 i $8,927.43 $2,108.23 $13,728.90 $104,076.89
648 HAWTHORNS DR 108 055-213-04 Medium 0.500 1-000 1.000 1.000 $27,978.06 $47,599.84 - $7,950.90 [ 58,927.43 52,10823 $13,728.90_ $104.076.89__
700 TSBL7RON BLVD -r- !09 055-201-36 High 3.925 0.000 3.925 3.000 $219,62796 $0.00 $31,207.27 $26,782.31 56,330.37 $41,223.62
$312,510.59
8PALMER CT z110 055-201-14 Low 0.250 0.500 0.500 0.500 $13,989.03 $23,799.92 't 53,975.45 54,463.71 $1,054.12 $6,864.45 $52,038.44
4PALMER CT 111 055-201-35 Low 0250 1.000 1.000 1.000 $13,989.03 $47,599.84 57,950.90 41 58,927.43 51,789.25 $11,651.66 $88,329.60
2PALMER Cr 112 055-201-34 Low 0.250 0.500 0.500 1 1.000 513,989.03 $23,799.92 ! 53,975,45 S8,927.43 $1,155.90 $7,527.27_ $57,063.20_
9PALMER CT 113 055-201-09 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 $6,8(A.45 $52,038.44
SPALMERCT i 115A055201-31 Low 0.250 0.500 0.500 0.500 $13,989.03 s $23,799.92 i $3,975.45 54,463.71 $1,054.12 $6,864.45 $52,038.44
5 PALMER CT 115B* 055-201-32 None 0.000 0.000 0.000 0.000 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00_ $0.00_
3PALMER CfT -�116 055-201-01 Medium 0.500 1.000 1.000 1.000 $27,978.06 }V$47,599.84 $7,950.901 S8,927.43 $2,108.23 $13,728.90 $104,076.89
10 SOMMERS CT 117A` 055-201-02 None 0.000 0.500 0.500
0.500 $0.00 $23,799.92 i 53,975.45 ' 54,463.71 5735.13 $4,787.21 $36,291.15
10SOMMERSCT 117B* 055-201-25 None 0.000 0.000 0.000 0.000 $0.00 'i $0.00 $0.00 $0.00 $0.00 SO.00 __$0_00
660 TBURON BLVD 118 055-171-12 None 0.000 0.500 0.500 1.000 $0.00 ? $23,799.92 53,975.45 t 58,927.43 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 57,950.90 58,927.43 $1,470.26 $9,574.41 $7_282.32
65012BURON BLVD 120 055-171-13 None 0.000 0.500 0.500 1.000 $0.00 $23,799.92 i $3,975.45
$8,927.43 5836.92 $5,450.03 $41,315.91
Totals: 129 Parcels 57.675 113.000 135.300 120.500 $3,227,269.03 $5,378,781.72 SI,075,75634 SI,075,75533 $474,177.00 $1,562,619.84 SI1,846,005.27
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 of Tiburon November 1,2017
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Preliminary Engineer's Report Appendix B
Appendix B
Assessment Diagram
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DRAFT—For Review Purposes Only Harris&Associates
RESOLUTION NO. 35-2017
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. 0 1-2017 (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.wq. (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 X111D.
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 Vo. 35 -2017 11/29/2017
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
'['own 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 this 29`x' day of November, 2017, by the
following vote:
AYES: COUNCILMEMBERS: Fraser,O'Dop'611
NAYS: COUNCILMEMBERS: Fredericks/
DISQUALIFIED: COUNCILMEMBERS: Kulik,Thi f
i
G
JIM FR SE �Iapj
ATTEST: j
i
63)
�. &\ t
LEA STEFAN , Town Clerk
Page 2 of 2
Toivn Council Resolution No. 35—2017 11/29/2017
M
a
x
WIN-
ENGINEER'S REPORT
Assessment District No. 2017-1
(Hawthorne Undergrounding District)
Prepared under the provisions of the
Municipal Improvement Act of 1913
Forthe
TOWN OF TIBURON
County of Marin, California
February 1, 2018
Harris & Associates
EXHIBIT NO.
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report
TABLE OF CONTENTS
Page
Introduction and Certifications............................................................................................ l
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
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
Engineer's Report Page 1
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
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.
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 2
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
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 3
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, 1, 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
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 4
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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Town of Tiburon February 1,2018
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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 November 29, 2017.
HARRIS &ASSOCIATES
K. DENNIS KLINGHOF 1 , P.E.
R.C.E.NO. 50255
ASSESSMENT ENGINEER
TOWN OF TIBURON
COUNTY OF MARIN, STATE OF CALIFORNIA
Harris& Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 6
This report is submitted on November 29, 2017.
HARRIS &ASSOCIATES
K. DENNIS KLIN LHOI , 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 November 29, 2017.
TOWN CLERK
TOWN OF TIBURON
STATE OF CALIFORNIA
Final approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA,on the
day of , 2018.
TOWN CLERK
TOWN OF TIBURON
STATE OF CALIFORNIA
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
Engineer's Report Page 7
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 II
Cost Estimate
Assessment District No. 2017-1
(Hawthorne Undergrounding District)
JOINT TRENCH 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
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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'Ass'n 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
improved 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
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 17
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
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 18
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
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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:
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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.
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
Engineer's Report Page 21
Exhibit 1
Assessment Roll
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt No. parcel Number ' 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
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 22
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt 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
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 23
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt No. parcel Number1 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
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Page 24
Assessor's Total True Existing Assessments as AssessmentsValue-to-Lien
Asmt No. parcel Number ' 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.
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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 X*
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.
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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.
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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.
Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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.
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
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. 2017-1
(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 , 20 , at TOWN OF TIBURON, CALIFORNIA.
TOWN ENGINEER
TOWN OF TIBURON
STATE OF CALIFORNIA
By:
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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 , 20 , at TOWN OF TIBURON, CALIFORNIA.
By:
TOWN OF TIBURON
STATE OF CALIFORNIA
HI Harris & Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Appendix A
Appendix A
Assessment Calculations
Assessor's Remove ViewAesthetics Safety Reliability Allocation of Construction and Incidental Cost
g Remove View Less Estimated Balance to
Asmt Parcel No. Obstrcutions Obstructions( Benefit Benefit Benefit Remove View Aesthetics Safety Benefit Reliability Contributions Financing Cost Assessment
Property Address No. APN Factor Factor Factor Factor Obstructions Benefit Benefit
700 HAWTHORNE DR 1 055-222-06 Medium 0.500 1.000 i 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
710 HAWTHORNE DR 2 055-222-05 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
730 HAWTHORNE DR b 3 055-222-04 Low 0.250 ( 1.000 s 1.000 { 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329.60
741 TIBURON BLVD 4 055-222-03 None 0.000 0.000 1.000 i 1.000 _$0.00 $0.00 $7,950.90 $8,927.43 $384.87 $2,506.28
_ _ $18,999.74
757 HAWTHORNE DR s 5 055-222-07 Low 0.250 i 1.000 1 1.000 1.000 $13,989.03 $47,599.84 ` $7,950.90 i $8,92743 $1,789.25 $11,651.66 $88,329.60
735 HAWTHORNE DR 6 055-222-08 Medium 0.500 l 1.000 i 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 s 7 Y 055-222-09 High _ 1.000 j 1.000 [ 1.0001 1.000 $55,956.12 $47,599.84 $7,950.90_i�-$8,927.43 $2,746.20 $17,883.38 $]35,571.46
711 HAWTHORNE DR 8 055-222-10 High 1.000 1.000 1.000 ( 1.000 $55,956.12 $47,599.84 $7,950.90 i $8,927.43 $2,746.20 $17,883.38 $135,571 46
705 HAWTHORNE DR 9 055-222-11 Medium 0.500 1 1.000 i 1.000 j 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
700 HILARY DR 10 055-222-12 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 kg $8,927.43 $2,108.23 $13,728.90 $104,076.89_
_
710 HILARY DR 1 I1 055-222-13 None 0.000 1.000 l 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8,92743 $1,470.26 $9,574.41 $72,582.32
_720 HILARYDR. g 12 055-222-14 None T 0.000 ? 1.000 1.000 1.000 $0.00 $47,599.84 $7,950.90 ^$8,927.43 $1,470.26 $9,57441 $7258232
730 HILARY DR 13 055-222-15 None 0.000 1.000 1.000 1.000 $0.00 $47,599.84 t $7,950.90 $8,927.43 $1,470.26 $9,57441 $72,582.32
740 HILARYDR ? 14 055-222-18 None 0.000 1.000 s 1.000 i 1.000 $0.00 $47,599.84 f $7,950.90 $8,927.43 $1,470.26 $9,574.41 $72,582.32
750 HILARY DR { 15 055-222-19 None 0.000 i 1.000 ( I� 000 1.000 $0.00 $47,599.84 $7,950.90 1 $8,927.43 $1,470.26 $9,574.41 $72,582.32
761 HILARY DR k 16 055-253-22 None 0.000 1 1.000 i 6.000 i 2.000 $0.00 $47,599.84 $47,705.38 $17,854.87 $84,870.07 v $4,298.83 $32,588.85
761 HILARY DR 17 055-253-21 None 0.000 0.000 ; 6.000 1 2.000 $0.00 $0.00 $47,705.38 $17,854.87 $49,170.19 $2,490.56 $18,880.63
745 HILARY DR t 18 055-221-01 Medium 0.500 1.000 i 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
735 HILARY DR ? 19 055-221-02 Medium 0.500 3. 1.000 1.000_1 1.000 $27,978.06T $47,599.84 $7,950.90 f $8,927.43 $2,108.23 $13,728.90 $104,076.89
z
725 HILARYDR r 20 055-221-03 Medium 0.500 i 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
715 HILARY DR € 21 055-221-04 Medium 0.500 1 1.000 i 1.000 1.000_ $27,978.06 $47,599.84 $7,950.90 $8,927.45 $2,108.23_ $13,728.90 _$104,076.89
705 HILARY DR ? 22 055-221-05 Medium 0.500 i 1.000�- 1.000 ; 1.000 $27,978.06 $47,599.84 s $7,950.90 ( $8,927.43 $2,108.23 $13,728.90 $104,076.89
--
765 HILARYDR ! 23 039-151-52 None 0.000 ; 0.000 6.625 1.000 __-_ $0.00 $0.00 , $52,674.69 $8,927.43 $46,201.59 $2,340.20 $17,740.73 _
24 039-151-55 Low 0.500 ; 2.000 1.000 i 0.000 $27,978.06 $95,199.68 ', $7,95090 $0.00 $2,990.06 $19,47140 $74760997
146 ROCK HILL RD 25 039-151-47 Low 0.250 1.000 ( 1.000 1.000 $13,989.03 $47,599.84 $7,950.90 r $8,92743 $1,789.25 111,651.66 $88,329.60 _
148 ROCK HILL RD 26 039-151-37 Medium 0.500 z 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $704,076.89
150 ROCK HILL RD 27 039-151-54 low 0.250 ! 1.000 i 0.500 1 1 000 $13 989 03 z $47,599.84 $3 975 45 $8 927 43 $1,699.60 $11 061.34 $83,854.49
.__._,_...._ _. _._.......-___._......_.._.. ...._... ._.
154 ROCK HILL RD 28 039-151-24 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 '- $7,95090 $8,92743 $2,746.20 $17,88338 $135,571.46
160 ROCK HILL RD 29 039-151-23 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135,57146
166 ROCK HILL RD 30 039-151-22 Medium 0.500 I 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
i -
168 ROCK HILL RD 31 039-151-21 High v1.000 L000 1.000 i 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 ^$2,746.20 $17,883.38 $]35,57146
_.._ 6.
170 ROCK HILL RD i 32 039-111-22 High 1.000 1.000 1.000 i 1.000 $55,956 12 $47,599.84 $7,950.90 ( $8,927.43 $2,746 20 $17,883 38 $135,571 46
_.._._.__._5_._____._..___._..___._._______._..____ .___._.___._.___.._. ...-------------._.__5_._._._.__..__..___..a__.-_-__.._._._ _._.__._._.___.___.____.._..___._._.____.___ _.._._._.__._______ ___-______.___._ ____-_____ __.______..
145 ROCK HILL RD 33 039-111-21 None 0.000 1.000 2250 ( 1.000 $0.00 j $47,599.84 $17,889.52 $8,927.43 $55,812.59 $2,827.02 $21,431.21
159 ROCK HILL RD i 34 039-152-04 None 0.000 1.000 t 1.000 1.000 $0.00 $47,599.84 $7,950.90 $8,92743 1 $1,470.26 $9,574.41 $72,58232
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-1
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Appendix A
Assessor's Remove View Aesthetics ( Safety tt Reliability Allocation of Construction and Incidental Cost
Remove View t Less Estimated Balance to
Amt Parcel No. Obstructions Benefit ; Benefit Benefit Remove View Aesthetics Reliability
i Obstrcutions ? 1 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 t 1.000 1.000 F 1.000 $0.00 $47,599.84 $7,950.90 $8,927.43 $1,470.26 $9,574.41 $72,582.32
115 ROCK HILL RD 36 039-152-02 Low 0.250 It 1.000 1.000 i 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329.60
r-
105ROCK HILL RD 37 039-152-01 Low 0.250 1.000 E 1.000 7.000 $13,98903 $47,599.84 $7,95090 $8,92743 $1,789.25 $11,651.66
$88,329.60
50DELMAR DR 38 055-211-32 Low 0.250 1.000 1.000 j 1.000 $13,989.03 $47,599.84 $7,950.90 $8,92743 $1,789.25 $11,6SL66 $88,329.60
40 DELMAR DR 39 055-211-31 Low 0.250 1.000 g 1.000 E 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66
$88,329.60
30 DELMAR DR 40 055-211-17 Medium 0.500 j 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 ` $8,927.43 $2,108.23 $13,728.90 $704,076.89
20 DELMAR DR £ 41 055-211-16 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
93 ROCK HILL RD 42 055-211-15 High 1.000 ' 1.000 '; 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 _$135,57146
--t- T--- -- --
699I-IILARYDR - _-�-43 055-211-02 High 1.000_ 1000 1_000 I 1_000 $55,956.12 $47,599.84 $7,950.90 $8,92743 $2,746.20 $17,883_38_ $135,571.4_6_
697 HILARY DR 44 055-211-03 High 1.000 1.000 ._._1.000 1.000 mm $55,956.12 $47,599.84 $7,950.90 $8,927.43-_...$2,746,20m $17,883.38 $135,571 46
695 HILARY DR 45 055-211-04 I-Iigh 1.000 1.000 i 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $135_571.46
i ----
693HILARYDR �46 1 055-211-05 High v 1.000 1.000 ? 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,927.43 $2,746.20 $17,883.38 $735,571.46
H
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 $2,108.23 $13,728.90 $104,076.89
691 ILA'-__.------ -- -- - ---a- -- -- --' ------ ---- ___.__
689 HILARY DR1.000055-211-07 Medium 0.500 1.000 1.000 6 1.000 $27,978.0 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90- $104,076.89
687 HILARY DR 49 055-211-08 Medium 0.500 1.000 1 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,92743 $2,108.23 $13,728.90 $104,076.89
ti-
685 HILARY DR 50 055-183-28 Medium 0.500 i 1.000 { 1.000 I 1.000 $27,978.06 $47,599.84 °. $7,950.90 $8,927.43 $2,108.23 $13,72990 $104,076.89
683 HILARYDR 1 51 055-183-27 Medium 0.500 1 1.000 1 L000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89 _
681 HIL.ARYDR 52 055-183-26 Medium 0.500 1.000 = 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 i $8,92743 $2,108.23- $13,728.90 $704,076.89
4
4MARAVISTA CT -53 055-183-25 Low 0.250- 1.000 1.000 1.000 $13,989.03 $47,599.84 ! $7,950.90 $8,927.43 $1,789.25 $11,651.66_ $88,329.60
12 MARAVISTA CT 1 54 055-183-24 None 0.000 1.000 i 1.000 E 1.000 $0.00 $47,599.84 $7,950.90 ! $8,927.43 $1,470.26 $9,574.41 $72x582.32
2
14 MARAVISTA CT �55A- 055-183-23 Low 0.250 ( 1.000 1.000 ( 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $88,329.60
14 MARAVISTA CT 55B * 055_183-30 None 0.000 0.00 _ 0.000 0.000 $0.00 ! $0.00 ! $0_00 4! $0.00 $0.00 _ $0.00 _$0.00_
20 MARAVISTA CT 56 055-193-29 Low 0.250`_ 1.000 1.000 i 1.000_ $13,989.03 $47,599.84 $7,950.90 j $8,927.43_.._$1,789.25 _$11,651.66 9 60
3 _$gg 32
24 MARAVISTA CT 57 055-183-21 Low 0.250 1.000 1000 i 7.000 $13,9890 $47,599.84 $7,95090 $8,92743 $1,789.25 $11,651.66 $88,329.60
27 MARAVISTA CT 58 055-183-20 Low 0.250 1.000 1.000 1.000 $13,989.03 $47,59984 $795090 $8,927.43 $1,789.25 $11,651.66
25 MARAVISTA CT 59 055-183-19 Medium 0.500 1 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
21MARAVISTACT -� 60 055-183-18 Medium 0.500 1 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 @ 61 055-183-17 Medium 0.500 1 1000 i 1.000 ( 1.000 $2797806 $47,599.84 $7,95090 t $8,927.43 $2,108.23 $13,72890 $104,076.89_
13 MARAVISTA CT 62 055-183-16 Medium 0.500 1 1.000 E 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
------------ _T� _.._._ _i_. .�_ ..-_.--
9 MARAVISTA CT 63 055-183-15 Low 0.250 1.000 1000 1.000 $13,98903 $47,599.84 $7,95090 J $8,927.43 $1,789.25 $11,651.66 $88,329.60
S MARAVISTA CT 64 055-183-14 Low 0.250 f 1.000 ( 1.000 ( 1.000 $13,989.03 ! $47,599.84 $7,95090 $8,927.43 $1,789.25 $11,651.66 $88,329.60
I MARAVISTA CT 65 055-183-13 Medium 0.500-
10_0_0 1.0�00� 1.000 $27,97806 _ $47,599-.-84 -,$7,950.90 1 $8,92743 $2,1023 $13,728.90
-4-. $10_4,�07.66.8_9_
679 HILARY DR 66 055-182-11 Medium 0.500 1 1.000 i 1.000 E 1.000 $27,97806 $47,599.84 $7,95090 $8,927.43 $2,10823 $13,72890 $104,076.89
680 HILARY DR 67 055-182-12 Medium 0.500 1 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $704,076.89
682 HILARY DR 68 ! 055-182-13 Medium 0.500 1.000
1.000 ° L000 $27,978.06 ': $47,599.84 $7,950.90 i $8,927.43 $2,108.23 $13,728.90 $104 076.99
684 HILARY DR a 69 055-18214 Medium 0.500 1 1000
1.000 1.000 $27978.06 $47,599.84 $7,95090 ;z $8,927.4' $2,10823 $1',7_890 $104,076.89
. _._._
686 HILARY DR 70 055-182-15 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
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
ii
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017.1 (Hawthorne Undergrounding District)
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 i Aesthetics Reliability
Obstrcutions Safety Benefit Contributions Financing Cost Assessment
Property Address No. APN Factor Factor Factor Factor Obstructions Benefit Benefit
688 HILARYDR 71 055-182-16 Medium 0.500 �_ 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,92743 $2,108.23 $13,728.90_ $104,076.89
690 HILARYDR 72 055-212-01 Medium 0.500 j 1.000 i 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $704,076.89
692 HILARY DR 73 055-212-02 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 $704,076.89
694 HILARY DR 74 055-212-03 Medium 0.500 ! 1.000 ( 1.000 j 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89 _
---------------------------------- -i------------------------------------ ------------------------------ --- --------------------i-------------------'------------------ ---------- - -- - --- --?- - ---- ----- ----- - ---- - ---------------
696
------ --
696HILARYDR 75 055-212-04 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
3ROCK HILL RD 76 055-212-05 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 $704,076.89
699 HAWTHORNS DR 77 055-212-06 Medium 0.500 1.000 3 1.000 L000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
697 HAWTHORNS DR 78 055-212-07 Medium 0.500 i 1.000 j 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
- -
695 HAWTHORNE DR --� 79 055-212-08 Medium 0.500 1.000 i 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,92743 $2,108.23 $13,728.90 $704,076.89
-----9--
693 HAWTHORNE DR i 80 055-212-09 .^Medium ^0.500 i 1.000r 1.000 1.000 $27,978.06 v�$47,599.84 $7,950.90 $8,927.43`T $2,108.23 $13,728.90 Y$104,076.89
691 HAWTHORNE DR 81 055-212-10 Medium 0.500 1.000 i` 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,92743 $2,108.2 $13,728.90 $104,076.89
_
689 HAWTHORN'S DR _! 82^�055-191-01 High 1.000 1.000 s 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 T$8,927.43 $2,746.20 $17,883.38 $135,571.46
687 HAWTHORNS DR 83 055-191-02 High 1.000 1.000 1.000 1.000 $55,956.12 $47,599.84 ! $7,950.90 $8,927.43 $2,746.20 $17,88338 $135,571.46
685 HAWTHORNS DR84 055-191-03 High 1.000 1.000 i 1.000 1.000 $55,956.12 $47,599.84 ! $7,950.90 - $8,927.43 $2,746.20- $17,88338 $135,571.46
683 HAWTHORNE DR i 85 055-191-04 Medium 0.500 1.000 1.000 ? 1.000 $27,978.06 $47,599.84 s $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
-i
681 HAWTHORNE DR �86 055-191-05 Medium 0.500 1.000 'i 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 $8,92743 $2,108.23 $13,728.90 $104,076.89
9
679 HAWTHORNS DR 87 055-191-06 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
677 HAWTHORNE DR 88 055-191-07 Medium 0500 1.000 1.000 1.000 $27,978.06 $47,599.84 ;f $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
675 HAWTHORNE DR ^89 055-191-08 High 1.000 1.000 F 1.000 ? 1.000 $55,956.12 $47,599.84 $7,950.90 $8,92743 $2,746.20 $17,883.38 $735,571.46
673 HAWTHORNE DR� 90 055-191-09 High 1.000 1.000 1.000
1.000 $55,956.12 $47,599.84 $7,950.90 $8,92743 $2,746.20 $17,88338 $135_571_46
671 HAWTHORNE DR 91 055-191-10 Medium 0.500 1.000 1.000 1.000 $27,978.06 $47,599.84 $7,95090 $8,9274 $2,10823 $13728.90 _ $]04,07689
___...... _.--
_.-_...- --
669 HAWTHORNE DR 92 055-191-11 High 1.000 i 1.000 i 1.000 1.000 $55,956.12 $47,599.84 $7,950.90 $8,92243 $2,746.20 $17,883.38 $135_571.46
668 HAWTHORNE DR 93 055-191-24 Medium 0.500 1 1000 1.000 1000 $27,97806 $47,59984 $7,95090 $8,92743 $2,10823 $13,728.90 $]04076.89
_' ------------.4,4,4,
670 HAWTHORNE DR mm T94 055-191-13 Medium 0.500 i 1.000 's 1.000 i�1.000 $27,978.06 $47,599.84 $7,950.90 _..__$8,927.43 $2,108,23 -$13,728 90 $104,076.89
672 HAWTHORNE DR 95 055-191-14 Medium 0.500 1.000 y 1000 1 1.000 $27,97806 L $47,599.84 $7,950 90 $8,927.43 $2,108 23 $13,728.90 $10407689
_4,4,.4,4,_-_..__.-------------
_ _..._. _ _
674 HAWTHORNE DR 96 055-191-15 Medium 0.500 ' 1 000 1000 1,000 $27,978.06 $47,599.84 $7,950.90 $9,927.43 $2,108.23 $13,72890 $104,076 89 _
676 HAWTHORNE DR x-97' 055-191-16 Low A 0.250 1.000 { 1.000 1.000 $13,989.03 $47,599.84 ! $7,950.90 _ $8,927.43 $1,789.25 � $11,651.66r� $g832_9.60
678 HAWTHORNS DR �98 055-191-17 'Low 0.250 1.000 EJ 1.000 1.000 $13,989.03 $47,599.84 $7,950.90 $8,927.43 $1,789.25 $11,651.66 $gg,329.60
_.._.- ___ ------------
---- -_- - ---_-_ __----_. -
680 HAWTHORNE DR 99 055-191-18 Medium 0 500 1.000 1.000 1.000 $27,978.06 �_ $47,599.84 1 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104`076.89
682 HAWTHORNE DR 100 055-191-19 Medium 0.500 1 000 1 000 1 1.000 $27,978 06 $47,599 84 - $7,950 90 p $8,927 43 $2,108 23 $13,728 90T $104,076.89
__ .__E-_�_�._____,_.-_,..__.._-_._._._.___.__.__ ._--_._ 4,4,.4,.4, .-.. .4,..4,.4,.4, .. .. ---._ _ _ -_
684 HAWTHORNE DR � [ 101 055-191-20 Medium 0.500 1.000 1.000 j 1.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 _$104,_076.89
_686 HAWTHORNE DR j 102 055-191-21 Medium 0.500 1.000 ? 1.000 1.000 $27,978.06 $47,599.84 $7,950.90 - $8,92743 $2,108.23 $13,728.90 $104,076.89
--------
-- .___._._,____�_.,._.___-__;��_��..z_------
688 HAWTHORNS DR 103 055-191-22 Medium 0.500 1 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
690 HAWTHORNE DR 1 104 055-191-23 Medium 0.500 i 1.0o0 1 000 ? 1000 $27,978.06 $47,599.84 $7,950 90 $8,927 43 $2,108 23 $13,728.90
__a __ _-_ __ _ __ _ $104,076.89
4,4,._4,4,4,4,__.__.-4,4,4,.4,_.__.__.___._ _K.. _. _-_u __-_._._ ___._-4,.4,4,4, �..__.-_. ____�.__.___ ___ _ 4,4,4,.4,_ 4,4,4,4, __._._..___ ___4,0 76__----
692
._692 HAWTHORNE DR 105 055-213-01 Medium 0.500 1.000 1.000 ; 1.000 $27,978.06 $47,599.84 $7,95090 $8,927.43 $2,108.23 $13,728.90 $104,076.89
694HAWTHORNEDR 106 055-213-02 Medium 0.500 1.000 [ 1.000 i 1.000 $27,978.06 $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 full during the 30 day cash collection period
A-3
3
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Appendix A
Assessor's Remove View Aesthetics Safety i Reliability Allocation of Construction and Incidental Cost
Remove View Less Estimated Balance to
Asmt Parcel No. Obstrcntions Obstructions; Benefit Benefit Benefit Remove View ? Aesthetics Safety Benefit i Reliability Contributions Financing Cost Assessment
Property Address No. APN Factor ! Factor Factor Factor Obstructions i Benefit Benefit
696 HAWTHORNE DR 107 055-213-03 Medium 0.500 1.000 1.0001.000 $27,978.06 $47,599.84 $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
i
698 HAWTHORNE DR 108055-213-04 Medium 0.500 1.000 1.000 1.000 $27,978.06 j $47,599.84 i $7,950.90 $8,927.43 $2,108.23 $13,728.90 $104,076.89
700 TIBURON BLVD 109 055-201-36 High _ _3.925__0.000 -s- 3.925 3.000 _$219,627.76 i $0.00 ! $31,207.27_;_ $26,782._1_ $6,330.37 $41,223.62_ $312,510_59_
8 PALMERCT 110 055-201-14 Low 0.250 0.500 0.500 0.500 $13,989.03 i $23,799.92 $3,975.45 i $4,463.71 $1,054.12 $6,864.45 $52038.44
4 PALMER CT 111 z 055-201-35 Low 0.250 1.000 i 1.000 1 1.000 $13,989.03 $47,599.84 $7,950.90 t $8,92743 $1,789.25 $11,651.66 $88,329.60
2 PALMER CT 112055-201-34 Low 0.250 ? 0.500 0.500 < 1.000 $13,989.03 E $23,799.92 $3,97545 $8,927.43 $1,155.90 $7,527.27 $57,063_20
9 PALMER CT_ 113 T 055-201-09 _Low _ 0.250 0.500 0.500 0.500 _ _ $13,989.03 _$23,799.92 $3,97545_ $4,463.71 _$1,054.12 $6,864.45 _ $52,038.44_
7PALMER CT '; 114 �- 055-201-33 Low !0.250 0.500 i 0.500 1 0.500 $13,989.03 ( $23,799.92 _ $3,975.45 $4,463.71 $1,054.12 $6,864.45 $52,038.44
5 PALMER CT 115A* 055-201-31 Low 0.250 0.500 0.500 i 0.500 $13,989.0 $23,799.92 $3,975.45 $4,463.71 $1,054.12 $6,864.45 $52,038.44
5 PALMER CT 115B * i 055-201-32 None 0.000 i 0.000 0.000 0.000 S0.00 = $0.00 $0 00 $0.00 $0.00 $0.00
.. __._ -_._---. -.__..__; ._ - - - -- - _ . .. L-. --- --
$0,00-
------
3 PALMER CT I 116 055 201 01 Medium 0 500 i 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
10 SOMMERS CT117A 055-201-02 None 0.000 0.500 i 0.500 1 0.500 $0.00 $23,799.92 $3,975.45 $4,463.71 _$735.13 $4,787.21 $36,291.15
i
's 00 0 00
10 SOMMERS CT 1171 055-201-25 None_ _0_000 0 000 0.000 0 000 $0 00 i $0 00 $0 00 $0 00 $0 $
_ _ $0.00
_,1._._____._. . _ _ ._. i.-____.. _-_ - --
660 TIBURON BLVD 118 i 055-171-12 None 0,000 0.500 s 0,500 1000 $0.00 $23,799.92 $3,975A5 $8 927.4 $836 92 $5,450.03
.t_.__....._.
_._.
.___...._.._....._,_.,.._.:-�____ _ .__�__ ___._�.__ __ __ _ __ __ _ _ _ _ _ $41,31591
654 TIBURON BLVD 119 055-171-11 None 0.000 t 1.000 1A00� 1.000 MOO $47,599.84$47,599.84 j $7,950.90 $8,927.43 $1,470.26 $9,574.41 $72,582.32
650TIBURONBLVD _ 120 i 055-171-13 None 0.000 0.500 0.500 1.000 '$O.OOm�$23,799.92 ? $3,975.45 $8,927.43 $836.92 $5,450.03 $41,315.91
Totals: 129 Parcels 57.675 113.000 135.300 j 120.500 $3,227,269.03 1$5,378,781.72 i $1,075,756.34 [$1,075,755.33 $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
Harris &Associates
Town of Tiburon February 1,2018
Assessment District No.2017-1 (Hawthorne Undergrounding District)
Engineer's Report Appendix B
Appendix B
Assessment Diagram
7
F-I
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B-1
Harris &Associates
Stradling, Yocca, Carlson&Rauth
Draft of 1/31/18
RESOLUTION NO.
RESOLUTION OF TOWN COUNCIL OF THE TOWN OF
TIBURON DECLARING THE ABANDONMENT OF
PROCEEDINGS FOR TOWN OF TIBURON ASSESSMENT
DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING
DISTRICT)
WHEREAS, this Town Council has previously adopted Resolution No. 01-2017 (the
"Resolution of Intention") and initiated proceedings for the acquisition of certain public works of
improvement to underground utilities as described in the Resolution of Intention (the
"Improvements"), in a special assessment district designated as "Town of Tiburon Assessment
District No. 2017-1 (Hawthorne Undergrounding District)" (hereinafter referred to as the
"Assessment District") pursuant to the terms and provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of California (the "Act"),
Article XIIID of the Constitution of the State of California ("Article XIIID"), and the Proposition
218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the
"Implementation Act") (the Act, Article XIIID, and the Implementation Act are referred to herein
collectively as the "Assessment Law"); and
WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017
which preliminarily approved a report prepared under and pursuant to the Act and, in particular,
Section 10204 of the California Streets and Highways Code (the "Engineer's Report") and fixed
February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town
Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests
and objections to the Assessment District as proposed, including the Improvements and assessments
included in the Engineer's Report, and to receive and count the ballots for and against the proposed
assessments to be levied; and
WHEREAS, the Town Clerk caused notice to be given of the adoption of the Resolution of
Intention, the filing of the Engineer's Report and the time and place and purpose of the February 7,
2018 public hearing, all as required by the Assessment Law; and
WHEREAS,this Town Council has received all ballots filed with the Town Clerk prior to the
conclusion of the hearing the Town Clerk has counted all ballots for and against the formation of the
Assessment District as provided in Article XIIID;
WHEREAS, the Town Clerk has conducted the ballot tabulation and has advised this Town
Council that a majority of the ballots received are in opposition to the assessment.
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 February 7, 2018 public hearing has been duly held in accordance with
the requirements of the Assessment Law, and each and every step in the proceedings prior to and
including the hearing has been duly and regularly taken.
EXHIBIT NO.
SECTION 3. This Town Council finds and determines based upon a report from the Town
Clerk, who conducted the ballot tabulation, that a majority of the ballots received and tabulated as
described herein are in opposition to the assessment. In tabulating the ballots, the ballots were
weighted according to the proportional financial obligation of the affected property.
SECTION 4. Given the majority protest against the assessment, the proceedings had and
taken under and pursuant to the Assessment Law for the work and Improvements proposed by the
Resolution of Intention in the Assessment District are hereby ordered abandoned.
SECTION 5. The Town Clerk shall immediately cause the recordation of a certified copy
of this Resolution of Abandonment with the County Recorder. The certificate attached to this
Resolution shall include a reference to the date of the adoption of this Resolution, the date of the
original Resolution of Intention, and the date the map of the Assessment District was previously filed
with the County Recorder.
SECTION 6. This Resolution shall take effect immediately upon its passage.
SECTION 7. 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 February 7, 2018.
JIM FRASER, Mayor
ATTEST:
LEA STEFANI, Town Clerk
STATE OF CALIFORNIA
COUNTY OF MARIN
TOWN OF TIBURON
The undersigned CERTIFIES as follows:
1. During all of the times herein mentioned, the undersigned was, and now is, the duly qualified
and acting Town Clerk of the Town of Tiburon, California.
2. The attached Resolution abandoning proceedings for the construction of certain
improvements to underground utilities in the proposed Town of Tiburon Assessment District No.
2017-1 (Hawthorne Undergrounding District)was duly adopted on February 7, 2018.
3. Reference is hereby made to the Resolution of Intention, Resolution No. 01-2017, adopted on
January 4, 2017 and the Resolution Preliminarily Approving the Assessment Engineer's Report,
Resolution No. 35-2017, adopted on November 29, 2017 for a further and complete description of
the works of improvement and assessments proposed for the Assessment District.
4. A map of the proposed boundaries of the Assessment District was filed in the Office of the
County Recorder of the County of Marin on December 8, 2017 in Assessment District Maps
Book 2017, Page 88.
EXECUTED this day of , 2018.
TOWN CLERK
Stradling, Yocca, Carlson &Rauth
Draft of 1/31/18
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON MAKING DETERMINATIONS, CONFIRMING
ASSESSMENTS AND PROCEEDINGS AND DESIGNATING THE
SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE
ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND AND
AUTHORIZING OTHER ACTIONS RELATED TO TOWN OF
TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE
UNDERGROUNDING DISTRICT)
WHEREAS, this Town Council has heretofore adopted Resolution No. 01-2017 (the
"Resolution of Intention") declaring its intention to order the construction of certain improvements to
underground utilities as described in the Resolution of Intention (the "Improvements") and to form
the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the
"Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12
of the California Streets and Highways Code, "the Act"); and
WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017
which preliminarily approved a report prepared under and pursuant to the Act and, in particular,
Section 10204 of the California Streets and Highways Code (the "Engineer's Report") and fixed
February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town
Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests
and objections to the Assessment District as proposed, including the Improvements and assessments
included in the Engineer's Report, and to receive and count the ballots for and against the proposed
assessments to be levied; and
WHEREAS, the Town Clerk has caused notice to be given of the passage of the Resolution
of Intention, the filing of the Engineer's Report and the time and place and purpose of the February
7, 2018 public hearing, all as required by the Act and by Section 53753(c) of the California
Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and
WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth
the Improvements to be acquired and constructed, and the Final Report has been filed with the Town
Council and has been available for review by the property owners within the proposed Assessment
District; and
WHEREAS, at the time and place stated in the notice of the public hearing, a hearing was
duly held by this Town Council and, during the course of the hearing, the Final Report was duly
presented and considered, all written protests and objections received, if any, were duly presented,
read, heard and considered and all persons appearing at the hearing and desiring to be heard in the
matter of the Final Report were heard, and a full, fair and complete hearing has been conducted; and
WHEREAS this Town Council has received all ballots filed with the Town Clerk prior to the
conclusion of the hearing, and the Town Clerk has counted all ballots for and against the proposed
levy of the assessments and the formation of the Assessment District as provided in Article XIIID;
and
EXHIBIT NO.
WHEREAS, this Town Council has considered the assessments proposed in the Final Report
and the evidence presented at said hearing; and
WHEREAS, under the provisions of Section 10424 of the California Streets and Highways
Code, funds collected by the Public Works Director/Town Engineer acting as the Superintendent of
Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal
Improvement Act of 1913 are required to be placed in a special improvement fund designated by the
name of the assessment proceeding;
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 February 7, 2018 public hearing has been duly held in accordance with
the requirements of Article XIIID, the Act and Government Code Section 53753, and each and every
step in the proceedings prior to and including the hearing has been duly and regularly taken. This
Town Council is satisfied with the correctness of the Final Report, including the assessments and
diagram and the maximum annual assessment for administrative expenses, the proceedings and all
matters relating thereto and adopts each of the findings, determinations and conclusions stated
therein as a basis for confirming the assessments.
SECTION 3. All of the property specially benefitted by the Improvements has been
included in the Assessment District. The property within the Assessment District to be assessed as
shown in the Final Report will be specially benefited by the Improvements over and above the
benefits conferred on the public at large, no parcel has been assessed in an amount that exceeds its
proportionate share of the special benefit conferred on such parcel by the Improvements and no
general benefit from the Improvements has been included in the amount assessed.
SECTION 4. The Town Council overrules and denies any and all protests, objections and
appeals made in regard to these proceedings; and it finds and determines that based the ballots
received and tabulated as described herein, there is not a majority protest against the assessments. In
tabulating the ballots, in accordance with the requirements of Article XIIID, the ballots were
weighted according to the proportional financial obligation of the affected property.
SECTION 5. The amount of the assessments shown in the Final Report and the proposed
maximum annual assessment per parcel for administrative expenses shown are confirmed and are
fixed in said amounts.
SECTION 6. The amounts to be assessed against the individual parcels shown on the
assessment diagram contained in the Final Report are hereby approved and confirmed; and the Town
Clerk is authorized and directed to endorse the fact and date of such approval on the Final Report.
SECTION 7. The assessment diagram and assessment is to be placed on file in the office of
the Superintendent of Streets, and the Town Clerk is authorized and directed to record, or cause to be
recorded, the assessment diagram and assessment in the office of the County Recorder of the County
of Marin as required by Sections 3114, 10401 and 10402 of the California Streets and Highways
Code; and the Town Clerk shall record, or cause to be recorded, a Notice of Assessment as required
by Section 3114 of said Code.
Section 8. The Superintendent of Streets is authorized and directed to give notice of the
recordation of the assessment, as provided in Section 10404 of the California Streets and Highways
Code. In accordance with Section 5896.16 of the California Streets and Highways Code, the
Superintendent of Streets shall provide notice to all assessed parcels that the individual service
connections to each parcel shall be completed within 120 following the completion of the
Improvements and that a failure to do so could result in a disconnection of service.
SECTION 9. The Superintendent of Streets is designated to receive the assessments paid
during An initial 30-day cash payment period which shall commence on the date of filing the
assessment diagram with the Superintendent of Streets. The Superintendent of Streets is authorized
and directed to provide notice to the owners of all parcels with unpaid assessments of a second 30-
day cash payment period which will begin at least 30 days prior to the date of execution by the Town
of a purchase contract for the bonds to be secured by the unpaid assessments.
SECTION 10. The Superintendent of Streets is authorized and directed to proceed with the
final design of the Improvements, to prepare for approval by the Town Council any agreement
required pursuant to Section 10110 of the California Streets and Highways Code and to return to the
Town Council to consider further actions with respect to the construction and acquisition of the
Improvements.
SECTION 11. This Resolution shall take effect immediately upon its adoption.
SECTION 12. 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 February 7, 2018.
JIM FRASER, Mayor
ATTEST:
LEA STEFANI, Town Clerk
ccl-
TOWN
COUNCIL
SPECIAL MEETING
DRAFT MINUTES
CALL TO ORDER
�.,
Mayor Fraser called the specialmeeting of the Tiburon Town Council to order at 7:00 p.m.
on Wednesday, January 10, 2018 iI'own Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,Town
Clerk Stefani
ORAL COMMUNICATIONS
There were none.
INTERVIEWS FOR VACANCIES ON TOWN COUNCIL
(Tiburon Town Council—One vacancy for interim appointment)
Mayor Fraser gave a brief outline of the interview format for each of the three candidates being
interviewed this evening.
The following individuals interviewed before the Town Council:
• Heydar"Tony" Pourian
• Jon Welner
• Jack Ryan
ACTION ITEMS
AI-1. Town Council Ad Hoc Sub Committee Appointment - Create ad hoc committee for
Town Manager Performance Review, and consider appointment of councilmembers to
committee (Mayor Fraser)
The Mayor waived the staff report, and said he would like to serve on the committee with
Councilmember Fredericks.
Town Council Minutes#01-2018 DRAFT January 10, 2018 Page I
MOTION: To create a Town Manager Performance Evaluation ad hoc subcommittee and appoint
Mayor Fraser and Councilmember Fredericks to the ad hoc subcommittee.
Moved: Thier, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
ADJOURNMENT—to special meeting
SPECIAL MEETING
Mayor Fraser called the special meeting of the Tiburon Town Council to order at 8:10 p.m. on
Wednesday, January 10, 2018 in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
CALL TO ORDER
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock
CLOSED SESSION
1) Conference with Legal Counsel—Existin14 Litigation
(Government Code Section 54956.9 (d)(1))
King v. Town of Tiburon Marin County Superior Court Case No. CIV 17-01974
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Fraser said no action had been taken in closed session.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 8:45 p.m.
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Minutes#01-2018 DRAFT January 10, 2018 Page 2
TOWN COUNCIL
SPECIAL & REGULAR MEETING
DRAFT MINUTES
SPECIAL MEETING—7:00 P.M.
On January 17, 2018 'he Council held a special meeting as follows:
(CALL TO ORDER
PRESENT: Councilmember Fredericks, Vice Mayor Kulik, Mayor Fraser
ABSENT: Councilmember Thier
INTERVIEWS FOR VACANIES ON TOWN COUNCIL
(Town Council—One Vacancy for Tiburon appointee)
• Erica Mesker
ADJOURNMENT—to regular meeting
REGULAR MEETING—7:30 P.M.
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, January 17, 2018, in Town Council Chambers, 1505 Tiburon Boulevard,Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Public Works/Town Engineer Barnes,
Director of Community Development Anderson,
Director of Administrative Services Bigall,
Management Analyst Creekmore,Associate Engineer
Lashkevich, Town Clerk Stefani
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
Town Council Minutes #02-2017 DRAFT January 17, 2018 Page I
CC-1. Town Council Minutes—Adopt minutes of November 15,2017 regular meeting(Town
Clerk Stefani)
CC-2. Town Council Minutes—Adopt minutes of November 29,2017 special meeting(Town
Clerk Stefani)
CC-3. Town Council Minutes—Adopt minutes of December 6, 2017 regular meeting(Town
Clerk Stefani)
CC-4. Town Council Minutes—Adopt minutes of December 7, 2017 special meeting(Town
Clerk Stefani)
CC-5. Vacancies on Town Boards, Commissions and Committees — Announce pending
vacancies for 2018 (Town Clerk Stefani)
CC-6. Annual Development Fee Report—Receive annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Community
Development Department)
CC-7. Investment Summary—Adopt investment summary for month ending November 30,
2017 (Director of Administrative Services Bigall)
CC-8. Investment Summary—Adopt investment summary for month ending December 31,
2017 (Director of Administrative Services Bigall)
CC-9. Tiburon Tourism Business Improvement District—Adopt resolution of intention to
levy assessments (Town Manager Chanis)
CC-10. Pooled Liability Assurance Network (PLAN) — Adopt resolution approving and
authorizing the execution of the PLAN Joint Exercise of Powers Agreement(Director of
Administrative Services Bigall)
CC-11. Ferry Dock Pile Repair Design Proposal—Authorize Town Manager to award contract
to Moffatt and Nichol and approve a budget amendment in amount of $43,000
(Department of Public Works)
CC-12. Budget Amendment—Approve budget amendment in amount of$30,000 for Town staff
succession planning and extended leave (Department of Administrative Services)
CC-13. Beach Road Drainage Project—Approve task order to GHD Inc. for project pre-design
study and authorize use of funds from Storm Drain Rehabilitation Project(Department of
Public Works)
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 2
Vice Mayor Kulik inquired about the decrease in investment balance in the month of November.
Director of Administrative Services Bigall said the Town experiences an annual dry period due to the
regular revenue cycle, and must draw from investments during this period.
Councilmember Fredericks requested to remove Item No. CC-3 (Draft Minutes)and Mayor Fraser
requested to remove Item No. CC-10 (Pooled Liability Assurance Network) from the Consent
Calendar for discussion.
MOTION: To adopt Consent Calendar Items 1-2, 4-9, and 11-13 as written.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
CC-3. Town Council Minutes—Adopt minutes of December 6,2017 regular meeting(Town
Clerk Stefani)
Councilmember Fredericks made a change to the first paragraph of the Town Council Reports on
page 2 to read: "...asked to support a federal amendment to the federal budget with regard to
preserving state and local tax deductibility from income tax returns."
CC-10. Pooled Liability Assurance Network (PLAN) — Adopt resolution approving and
authorizing the execution of the PLAN Joint Exercise of Powers Agreement(Director of
Administrative Services Bigall)
Mayor Fraser asked for further explanation about this change,and wondered if other Marin County
jurisdictions were doing the same.
Director of Administrative Services Bigall said the Town has participated in the Association of Bay
Area Governments Pool Liability Assurance Network(ABAG PLAN)since inception,but as a result
of the recent merger of ABAG and the Metropolitan Transportation Commission,the ABAG PLAN
was also consolidated into MTC. She said the ABAG PLAN Board of Directors searched for cost-
savings methods to avoid the overhead charges that will be charged due to this consolidation. She
said Bickmore Risk Services presented a proposal that will save member agencies $3 million over
the next five years.
She added that it is correct that only two Marin County municipalities are involved at this time,but
explained it is a normal practice to `shop around' insurance providers every few years, or if an
agency has a negative risk experience.
Mayor Fraser asked for further confirmation that this change will be advantageous to the Town.
Director Bigall confirmed this point, and said the Town receives the best rates through this plan
compared to other quotes received, and the Town will achieve savings with this option over the
current structure.
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 3
Vice Mayor Kulik asked if the list of member entities provided to the Council were all current
ABAG PLAN members.Director Bigall confirmed,and said many of them have already adopted the
documents necessary to join the new JPA. She said any that have not yet done so likely will soon.
MOTION: To adopt Consent Calendar Items 3 & 10, as amended.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
ACTION ITEMS
AI-1. Vacancy on Town Council—Consider making interim appointment to fill one vacancy
on the Town Council (Office of the Town Manager)
Town Clerk Stefani said in the event of a Town Councilmember resignation,the Government Code
requires the Council to either make an appointment or call a special election within 60 days of the
effective vacancy date. She said the Council had previously stated its intention to fill the vacancy by
appointment,and the person appointed will serve for the remainder of Councilmember O'Donnell's
term—until the general election in November.
She said the Council had interviewed four candidates for this position: Heydar"Tony"Pourian,Jon
Welner, Jack Ryan and Erica Mesker. She recommended the Council consider making an
appointment tonight.
Mayor Fraser opened the floor for public comment. There was none.
Councilmember Fredericks said the community was fortunate to have several great applicants.
Fredericks believed broad experience,particularly in land use,was very important for this position,
as well as the willingness to run in the upcoming election to maintain the seat. She nominated Jon
Welner for the appointment.
Vice Mayor Kulik believed this to be a particularly significant appointment, given the fact that the
individual appointed will sit on the Council for nearly a year and the near-term issues approaching
the Council. He spoke to the attributes of each individual candidate, and said all had excellent
skillsets.He believed Jon Welner to be uniquely qualified for the position,and said he would support
the nomination.
Councilmember Thier thanked the applicants,and agreed that all were well-qualified for the position.
She stated her intention to abstain from the vote because she was unable to take part in the interview
of one of the candidates.
Mayor Fraser thanked the applicants as well.He said each brought forward unique skills,passion and
energy,and he hoped those individuals not appointed would continue pursuing Town service.Fraser
agreed that experience with both land use, and experience on the Planning Commission, were
Town Council Minutes#02-2017 DRAFT January17, 2018 Page 4
particularly valuable skillsets for the Council. He said he would support the nomination for Jon
Welner.
MOTION: To appoint Jon Welner to an interim position on the Tiburon Town Council,to serve
until the date of the general election on November 6, 2018.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik
ABSTAIN: Thier
ABSENT: One Vacant Seat
AI-2. Romberg Center Shoreline Restoration Project—Consider encroachment permit and
proposal from Romberg Tiburon Center for Environmental Studies to install eucalyptus
branch arbors along Blackie's Pasture shoreline(Department of Public Works/Office of
the Town Manager)
Associate Engineer Lashkevich gave a brief summary of the proposal from the Romberg Tiburon
Center for Environmental Studies to install approximately 30 experimental eucalyptus branch arbors
along the Blackie's Pasture shoreline to train the vegetation to grow taller and act as a high-tide
refuge for wildlife species. Lashkevich said this project had been unanimously supported by the
Parks, Open Space and Trails Commission,and he introduced Dr. Katharyn Boyer to speak further
on the project.
Dr. Katharyn Boyer spoke about the impacts of sea level rise on local shorelines, and said the
resulting flooded shorelines could be well-observed in Marin County.She said shoreline habitats are
suffering because the wildlife that live there need a sanctuary away from the high tides,and they rely
strongly on high vegetation canopies, some of which are already not high enough.
Dr.Boyer said tonight's proposal is to add eucalyptus branches to the shoreline of Blackie's Pasture
to simulate debris in marshes to give marsh plants something to grow up and over. She said this will
provide a higher plant canopy for wildlife refuge.
She said this project would be monitored quarterly over the next two years in association with the
Richardson Bay Audubon Society and youth leaders to teach them about sea level rise and climate
change.
Councilmember Fredericks asked if the plants and arbors would be creating a new habitat for the
wildlife. Dr.Boyer said it could function as a habitat,but would mostly serve as a place to get out of
the water when the tide is too high.
Councilmember Thier asked if there was any chance the eucalyptus branches could sprout.Dr.Boyer
said they would not.
Mayor Fraser and Vice Mayor Kulik expressed concern about the height of the proposed arbors.Dr.
Boyer said the arbors would be of a modest height, and will not be a visual impairment to the view.
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 5
She added that the height of the plants will naturally vary, but confirmed it would depend on the
height of the arbor.
Mayor Fraser opened the floor for public comment. There was none.
MOTION: To approve the proposal and direct staff to approve an encroachment permit authorizing
the Romberg Center to perform the proposed work.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
AI-3. Lyford-Ned's Way Undergrounding — Receive staff update on Rule 20A
Undergrounding Project,consider additional fund allocation toward project and consider
authorizing Town Manager to negotiate for further Rule 20A credits (Department of
Public Works/Office of the Town Manager)
Director of Public Works/Town Engineer Barnes reminded the Council of previously set utility
undergrounding priorities using the Town's Rule 20A funding.He said staff has been working with
PG&E to underground the utilities between Lyford and Ned's Way since 2014 using those funds in
compliance with those goals.
Barnes said this project boundary includes a utility running through the property of a school,which
would also need to be undergrounded. He said this significantly increased the estimated cost of the
project, and because the project now exceeded the available Rule 20A credits the Town had
available, PG&E could not accept the project.
He said the Town worked with PG&E to develop a solution:to fund the project using Rule 20A and
Rule 20B funding. As design progressed,the cost of the project was anticipated to rise again,and at
this time, more Rule 20A credits are needed to complete the project.
Barnes said it is possible the Town could acquire additional Rule 20A credits from another
jurisdiction at an advantageous price.He said that given this possibility,there were several options to
consider. He said the Town could a) continue with a combined Rule 20A/Rule 20B project and
purchase the additional Rule 20A credits needed; or b)convert the Rule 20B funds into 20A credits
and purchase the additional Rule 20A credits needed. He requested the Council consider allocating
funds to a Rule 20A/Rule 20B project and consider authorizing the Town Manager to begin
negotiating purchase of additional Rule 20A credits from other jurisdictions.
Councilmember Fredericks asked about procedure for purchasing credits. Town Manager Chanis
said it is difficult to find transactional history of the transfer of Rule 20A credits,but staff has been
able to identify several municipalities that may be willing to negotiate with the Town for a transfer.
He said the process only requires an agreement between the two entities.
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 6
Fredericks asked for confirmation that a successful negotiation would be brought back to the Council
for review. Chanis confirmed that staff would return to the Council with any proposal,and that staff
will be trying to negotiate the best possible deal.
Mayor Fraser expressed concern over the escalating cost estimates for this project over the last
several years, and wondered if the additional funds requested were meant to cover a contingency.
Town Manager Chanis and Director Barnes explained that the Council could defer the additional
fund allocation toward this project until reviewing the credit transfer proposal, and clarified the
differing dollar amounts requested depend on if the Council opts to continue the project as a Rule
20A/Rule 20B project or convert it into an entirely Rule 20A project.
Mayor Fraser further expressed concern about the rising cost of this project,and believed the Council
should set a standard for what would be an acceptable price to pay for the credits and the project,so
as to not have an unexpected cost increase again and later be in a situation where it is too late to turn
back with the project.
The Town Manager said staff will return to the Council with any proposal received, and if that
proposal is unpalatable, the Council can refuse the proposal and not go forward with the credit
transfer.He said,however,at that point,the Town would still have"paid"for the project design with
Rule 20A credits.
Fredericks and Vice Mayor Kulik asked the staff to expand on the expenditure for design of the
project. Director Barnes said that the nearly completed design would likely still be viable if the
Council or a subsequent Council saw an opportunity to do the Rule 20A/20B project at a later date
instead,when construction costs were better.Town Manager Chanis added that any"expenditure"on
the design of this project is not necessarily Town money, but would be deducted from the Town's
Rule 20A credit account.
Councilmember Thier inquired about the length of time between estimates. Director Barnes
confirmed 4 years had passed since the first estimate, at no design, and now the design is nearly
completed.
Councilmember Fredericks asked if the Town has made an expenditure on the design of the project,
and wondered if credits will be lost if the Council opts to not go forward with the project. Town
Manager Chanis explained that the design is nearly complete and PG&E has not yet made any
deductions from the Town's Rule 20A account,but will.He said if the Council decides to go forward
at reasonable time frame in the future instead,the design will likely be at least partially salvageable.
Kulik suggested the Council only authorize the Town Manager to begin negotiations with other
jurisdictions to acquire credits to get a better idea of what credits are available and potential costs.
Chanis said this would not hinder getting the best rates, but it was important to not delay the
additional Council consideration so as to not delay construction into another construction season.
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 7
Kulik asked for a timeline on acquiring the credits. Chanis said there had been some interest,but it
would be difficult to estimate an accurate timeline without having the authorization from the Council
to seriously negotiate.
Mayor Fraser liked the Vice Mayor's suggestion. He said a special meeting could be scheduled to
review the proposal if necessary.
Mayor Fraser opened the floor for public comment.
Jack Ryan,Hawthorne Drive,said the Council should feel optimistic about advantageous pricing at
this time.
Mayor Fraser closed the floor.
Councilmember Thier believed the Council should take into consideration the risk of plans going
stale due to the push to install small cells on poles. Town Manager Chanis agreed this factor was
something to consider.
MOTION: To direct the Town Manager to negotiate with other jurisdictions to obtain, at the most
favorable terms, approximately $1,424,000 in Rule 20A credits, with any resulting
agreements to be brought back to Council for final approval.
Moved: Thier, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
AI-4. Virginia Drive Utility 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)
Town Manager Chanis gave a brief history of the entirely residential Virginia Undergrounding
District,including the district boundaries and an overview of actions taken thus far by the proponents
of the district to gather petitions and subscription deposits.He said the proponents gathered enough
petitions to satisfy both state law and Town policy, and raised $114,000 of subscription deposits,
including some donations from supportive neighbors outside the district.
Chanis also reminded the Council of the Town's policy on undergrounding districts,specifically the
notion that residents are encouraged to pursue the formation of undergrounding districts,but 100%
of the cost will be borne by the property owners in the district, and there is no assurance of the
availability of other funds.
The Town Manager said the Council is considering the Preliminary Engineer's Report tonight,which
provides a preliminary cost estimate of total project costs,determines general benefit(in this case,no
general benefit), and the special benefits assessed to each parcel. Chanis also reviewed the
assessment methodology weightings used determine each parcel's special benefit,and said it was the
Town Council Minutes 902-2017 DRAFT January 17, 2018 Page 8
same weightings used in the recent Hawthorne Undergrounding district.
Chanis concluded his report by saying the Council has several options available to them tonight:to
accept the Preliminary Engineer's Report and pursue the project, provide direction to staff about
additional actions or information needed before further consideration, or to reject the report and
abandon the project.
Vice Mayor Kulik asked the Town Manager to expand on why neighbors outside the district
contributed subscription deposits. Chanis presumed those neighbors' views would be enhanced.
Mayor Fraser asked about staff's confidence in the preliminary cost estimate of the project. Chanis
said the cost estimate is the responsibility of the engineer,but staff has done a thorough review of the
estimate, and given all known facts, believed it reasonable with an appropriate contingency. He
added that it is possible with any construction project that the bids come in higher than anticipated or
unforeseen conditions arise during construction.
Councilmember Fredericks commented that the district will only be responsible for the actual final
cost of the project, but if it is more than the estimate, a supplemental petition will be required.
Chanis confirmed this point.
Mayor Fraser opened the floor for public comment.
Audrey Fancy, Virginia Drive, expressed support for undergrounding, despite the high cost, and
spoke about the safety benefits of undergrounding.
Ryan Aytay, Upper Cecilia Way, said he owns a home in the district, and spoke in support of the
safety benefits of undergrounding.
Luciana Castro, Virginia Drive, told a story about a pole falling down in the district, and spoke in
support of the project.
Maria Castro-Dara, Sutter Court, said she was one of the neighbors outside of the district that
contributed subscription deposits and spoke in support of the safety and reliability benefits of
undergrounding.
Mayor Fraser closed the floor for public comment.
Councilmember Fredericks commended the neighborhood for coming together on this project,and
for having a realistic sense of the risks involved,and being willing to take that risk for the betterment
of the neighborhood.
Vice Mayor Kulik agreed with Fredericks. He said he saw support in all areas of this project, and
would vote to accept the report.
Town Council Minutes#02-2017 DRAFT January 17, 2018 Page 9
Mayor Fraser agreed with the rest of the Council. He said this district has shown a strong sense of
community.
MOTION: To adopt the resolution approving the Preliminary Engineer's Report,and direct staff
to mail notices of the proposed assessments and ballots to property owners at least 45
days prior to the Public Hearing which is set for March 21, 2018 at 7:30 p.m.,and to
record the Boundary Map with the County Recorder within 15 days of the adoption
of the resolution.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik
DISQUALIFIED: Thier
ABSENT: One Vacant Seat
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
None.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 9:10 p.m.
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Minutes #02-2017 DRAFT January 17, 2018 Page 10
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Poulevard February 7, 2018
r. > Agenda Item:
Tiburon, CA 94920 b CC'3
STAFF PO .
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Recommendation to Adopt Resolution to Establish Check Signature
Authority
Reviewed By:
BACKGROUND
The Town Council adopts by resolution those officials and employees who shall have authority to
sign and endorse Town checks. With the resignation of Councilmember Emmett O'Donnell, it is
appropriate to officially authorize replacement signatories for the newly appointed
Councilmember Jon Welner.
FINANCIAL IMPACT
There is no financial impact from this action.
RECOMMENDATION
Staff recommends that the Town Council:
Move to adopt the exhibit Resolution authorizing the signing and endorsing of checks and
other instruments of payment and access to documents retained in safekeeping
Exhibits: Draft Resolution
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. XX-2018
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND
ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT
& ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING
WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies
the employees and officials who may sign and endorse checks and other instruments of payment
on behalf of the Town, and which employees may have authorization for access to Town
documents held in safekeeping: and
WHEREAS, from time to time as employees or Council members authorized to sign and
endorse checks and other instruments of payment on behalf of the Town leave the Town's
service it becomes necessary to add an authorized signer, and
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Bank of Marin, Tiburon Branch, shall be the depository for all funds of the
Town of Tiburon. Commercial accounts shall be established and maintained by and in the name
of the Town of Tiburon at the designated bank upon and subject to such terms as may be agreed
to from time to time.
2. All checks, drafts and other instruments for payment from the Town's commercial
account in the amount of$2,500.00 or less, or relating to the Town's state and federal payroll tax
obligations, PERS retirement, or health insurance obligations in any amount shall be signed on
behalf of the Town by any two (2) of the following people: Town Manager Gregory Chanis,
Director of Administrative Services Heidi Bigall, Director of Community Development Scott
Anderson, or any member of the current Town Council (Jim Fraser, David Kulik, Alice
Fredericks, Holli Thier, or Jon Weiner).
3. All payroll, payroll payable, and payroll benefit checks shall be signed by the
Town Manager and Director of Administrative Services, and in the case of either's absence the
Director of Administrative Services, or any member of the Town Council.
4. All other checks, drafts and instruments for payment shall be signed on behalf of
the Town by either the Town Manager, Director of Administrative Services or Director of
Community Development and by one member of the Town Council.
5. All checks, drafts or other instruments for payment made payable to the Town of
Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the
Town of Tiburon without individual signatures.
6. Staff is directed to provide a certified copy of this resolution to the Bank of Marin
along with signature authorization forms which include signatures of the individuals currently
Town Council Resolution No. XX-2018 February 7, 2018
-1-
holding the following positions: Town Manager, Director of Administrative Services, Director
of Community Development, and Town Council members. The Town Clerk shall inform the
Bank of Marin of any changes in these positions and provide new signature cards when
necessary.
7. The Bank of Marin is requested and authorized to honor, receive, certify or pay
any instrument signed or endorsed in accordance with this Resolution. This Resolution and
signature authorization forms submitted by the Town Clerk shall remain in full force and effect,
and the Bank is authorized and requested to rely and act thereon, until such time as the Bank
receives written notice of any changes from the Town Clerk.
8. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes
that the Town rents from the Bank. The following employees of the Town are authorized by
signature to place, extract, or review items held in safekeeping: Town Manager (Greg Chanis),
Director of Community Development(Scott Anderson), Town Clerk, (Lea Stefani), and Director
of Administrative Services (Heidi Bigall).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on February 7, 2018, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
JIM FRASER, MAYOR
Town of Tiburon
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Resolution No. XX-2018 February 7,2018
-2-
TOWN OF TIBURON
Town Council Meeting
vx February 7, 2018
1505 Tiburon Boulevard
Agenda Item: �+
? � Tiburon, CA 94920 Agto-
STAFF PO .
To: Mayor and Members of the Town Council
From: Office of Administrative Services
Subject: Authorize the Position of Information Technology Coordinator
Reviewed By:
BACKGROUND & ANALYSIS
The Town has used Marin IT for network and desktop support services for its Town Hall, Police,
and Public Works facilities on an hourly basis since November of 2013. Prior to November
2013, the Town employed a full-time Information Technology (IT) Coordinator for a period of
approximately 11 years. The in-house IT Coordinator had an expanded breadth of
responsibilities including website maintenance, system design and implementation, training, and
other support services. Services of the IT Coordinator were shared with the City of Belvedere,
with an agreement to pay for a minimum of eight hours of services per week.
The Town has made significant investments in recent years towards upgrading its technology
infrastructure to provide enhanced services to its residents and customers and to improve internal
operations performance. These investments include an automated permit tracking system, web-
enabled audio recording/streaming system for Council meetings, upgraded website platform,
replacement of the Town's telephone system, and an upgrade of its vehicle license plate reader
system. We are also in the midst of implementing a new financial system to replace the current
DOS-based program. Looking forward, the Town plans to continue to expand its technology-
based services, beginning with implementation of an online citizen portal for permit tracking,
which has been allocated in the current fiscal year's budget.
With these new programs comes an increased need for specialized knowledge to maintain system
performance and its associated hardware. While Marin IT has provided adequate basic support
for these programs, frequent staff changes in their operation has made it difficult to maintain
continuity and specialized knowledge of our software and hardware systems. Town Staff believe
it is time to bring technical leadership in-house, centralize maintenance of our increasingly
complex IT infrastructure, and lead improved implementation of our expanding web-based
services. The role of the proposed position will be expanded beyond daily desktop and network
support to include responsibility for a broader range of operational, implementation, and training
services to the Town. The IT Coordinator will allow the Town to execute longer-term strategies
for growing our technology platforms and provide support that will enhance and maintain web-
based services. Attached to this report as Exhibit 1 is a draft Job Description for the proposed
position, which would report to the Administrative Services Director.
TOWN OF TIBURON PAGE 1 OF 2
Town C.OL11161 Meeting
January 20,2016
Just as we did in the past, we are proposing to share the IT Coordinator with the City of
Belvedere, the Belvedere-Tiburon Library Agency, and Belvedere-Tiburon Joint Recreation.
Representatives from all three agencies have indicated their interest in this arrangement. We
estimate the IT Coordinator may work for outside agencies up to 30% of the time. Attached to
this report as Exhibit 2 is a Draft Shared Services Agreement for use with outside agencies.
FINANCIAL IMPACT
Staff is proposing a salary range of$6,397-$7,996 per month for a 35 hour per week Full-Time
Equivalent. The estimated cost to hire an IT Coordinator towards the bottom of the range,
including benefits and payroll taxes, is $109,412 per year. The Town anticipates that it will
continue to use Marin IT for vacation coverage and specialized IT services, estimated at $14,750
annually.
In the 2017-2018 adopted budget, contractual IT Services are allocated at $85,000. This is
completely funded from the General Fund. Through cost sharing agreements with other agencies
as described above, staff estimates the cost of the IT Coordinator position could be offset by
approximately $43,200.
Annual Estimated IT Coordinator Cost $109,411
Vacation Coverage and Specialty Services 14,750
Training 3,000
Agency Contributions (43,200)
Annual Cost to Town $83,960.
Based on the numbers above, the estimated net annual cost to the Town to retain an in-house IT
Coordinator is in line with the current $85,000 annual budget allocation for contractual IT
Services.
RECOMMENDATION
1. Staff recommends the Town Council authorize the IT Coordinator position in the FY
2017-18 budget with a salary range $6,397$7,996 per month, reporting to the
Director of Administrative Services.
2. Authorize the Town Manager to execute shared service agreements with participating
agencies.
Exhibits: IT Coordinator Job Description
Draft Shared Services Agreements
Prepared By: Suzanne Creekmore, Management Analyst
1 AVN of Tli;i.1RO N Pao(-2 of 2
TOWN OF TIBURON February 2018
INFORMATION TECHNOLOGY COORDINATOR
DEFINITION
Under general direction, to coordinate, plan, and supervise the activities and operations
of the Town's information technology systems including systems design and
implementation, desktop publishing, training and instruction, internet and multi-media
applications, and network administration; to coordinate assigned activities with other
Town departments and outside agencies, and to provide highly responsible and
complex administrative support to the Director of Administrative Services.
DISTINGUISHING CHARACTERISTICS
This is a single position class with responsibility for the Town's computer and
information systems, fulfilling assigned responsibilities within broad guidelines.
Incumbent is responsible for planning,;Supervising'and coordinating the operations and
activities of the unit. Incumbent participates in the development and implementation of
goals, objectives, policies and priorities of the assigned programs. Incumbent ensures
that assigned activities are completed in a timely and efficient;manner consistent with
defined policies and regulations.
SUPERVISION RECEIVED
Direction,is provided by the Director of Administrative Services. Incumbent does not
exercise direct supervision of subordinates. Incumbent coordinates activities of outside
vendors and service with Town staff. Incumbent may receive direction from outside
agencies xcpintracting from the Town for incumbent's time and performance.
EXAMPLES OF ESSENTIAL JOB FUNCTIONSMUTIES
Assume responsibility for all computer and related information technology systems
including systems design and implementation, desktop publishing, training and
instruction, internet and multi-media applications, and network administration and other
related support services and functions; plan, oversee, and coordinate the operations
and activities of the Town information systems function; organize and direct the work of
outside vendors; assume significant responsibility for the preparation of assigned
budget; participate in the development and implementation of goals, objectives, policies
and priorities for the assigned programs; advise Town management on technology
issues; determine and monitor software and hardware needs of Town departments;
specify, order and repair personal computers; specify, order, license software and
provide training to staff; create and maintain computer hardware and software inventory;
communicate with, interview and hire technology vendors; interpret technology for Town
staff and management; conduct analysis to determine systems needs of Town
departments; develop and program various spreadsheet applications; maintain
application integrity; maintain, operate and back-up Local Area Network; consult with
EXHIBIT NO.
TOWN OF TIBURON Page 2
Information Technology Coordinator
(Continued)
Town staff on various word processing and database issues; create and maintain
control file databases for assessment districts and special taxes; create various reports
and documents; learn new computer programs; design, create, develop, implement and
maintain the Town's website; procure and analyze website statistics; communicate with
Town staff and outside vendors through electronic mail; perform data entry; oversee
telephone system; participate in local and state organizations, task forces and user
groups to coordinate intergovernmental programs; complete special projects as
required; perform related duties and responsibilities as assigned.
QUALIFICATIONS
Education & Experience: Any combination of experience and training that would likely
provide the required knowledge, skills and abilities is qualifying. A typical way to obtain
the knowledge, skills and abilities would be:
Experience:
Five years of responsible information systems/computer work experience including
design, evaluation and programming of systems and some experience in website
design.
Education:
A Bachelor's degree from an accredited college or university with major course work in
information systems technology, computer science or a related field. Two years of
applicable local government experience could be substituted for each year of college
deficiency.
Knowledge of: Broad-based computer systems operations and applications; principles
and practices of systems analysis, design and evaluation; computer software data
structures and processes, computer programming languages and logic, and network
administration; job planning, budgeting, prioritizing and scheduling techniques;
organizational methods and basic record keeping practices; analyzing, interpreting and
developing specifications suitable for competitive bidding; the Internet and website
design and management; principles, practices and techniques of multi-media and
desktop publishing; implementation of information systems; current practices and latest
developments in hardware and software products and applications; basic mathematical
principles; Town departments and organization needs.
Ability to: Operate modern information equipment and technology and related office
equipment; install computer hardware and software and related peripherals; manage
time for maximum efficiency; effectively train Town staff on basic and complex systems;
learn, interpret and apply new technology programs to assigned programs and
functions; read and interpret complex technical materials pertaining to assigned
programs and functions and to support goals of Town staff and management;
understand the organization and operation of the Town and outside agencies as
necessary to assume assigned responsibilities; analyze problems, identify alternative
solutions, project consequences or proposed actions, and implement recommendations
in support of goals; program and create appropriate queries necessary to assigned
programs and functions; work cooperatively with other departments, Town officials and
outside vendors; schedule and coordinate projects; set priorities; adapt to changing
priorities; exercise good judgment, flexibility, creativity and sensitivity in response to
changing situations and needs; communicate clearly and concisely, both orally and in
writing; establish, maintain and foster positive and harmonious working relationships
with those contacted in the course of work; work independently in the absence of
supervision.
AGREEMENT BETWEEN THE TOWN OF
TIBURON AND , FOR
THE PROVISION OF INFORMATION
TECHNOLOGY SERVICES
THIS AGREEMENT, made and entered this day of 2018, by and
between the TOWN OF TIBURON, a municipal corporation in the State of California,
("Town") and the also a municipal corporation in (" Agency")
RECITALS
A. The Town has employed a full-time Information Technology Coordinator ("I.T.
Coordinator") who is skilled in the use and maintenance of information technology. The
Town employs the IT Coordinator as a full time employee (i.e., for 35 hours per week).
B. Agency requires information technology services on a regular basis, of no less than
hours per week. The Town expects that its needs will not entirely occupy the I.T.
Coordinator's time and is willing to provide information technology services to Agency
asset forth herein.
AGREEMENT
1. Scope of Services. The Town shall provide information technology services to
Agency as set forth in,this Agreement. The Town shall provide Agency with a minimum
of hours per week of the I.T. Coordinator's services ("Basic Hours"). Agency will
retain the I.T.Coordinator's services for at least the Basic Hours, subject to Paragraph 3
of this Agreement.. The Town.Manager may, in his sole discretion provide additional
hours of the I.T. Coordinator's time at Agency's request. In the event that Agency
requests particular information technology services that are outside the I.T.
Coordinator's expertise, the Town Manager shall so advise Agency as soon as
practicable.
2. Compensation. Agency shall,pay Town ($ _) per hour for the I.T.
Coordinator's services ("Houdy'Rate"). Town shall send invoices to Agency every thirty
days for amounts owing under this Agreement, which Agency will pay within ten days of
receipt.
3. Leave. As an employee of the Town, the I.T. Coordinator is entitled to leave due to
sickness, vacation and other bases authorized under federal, state and local law and
the Town's personnel rules, regulations, and policies as they may be amended from
time to time. During such periods of leave, the Town shall not provide any Services
under this Agreement. If the period of leave is less than one week, Agency's
entitlement to services shall be reduced in proportion to the amount of the leave taken
during that week. Agency will remain responsible to pay the Hourly Rate for any
services actually received.
EXHIBIT NO.
4. Immunity: Other Defenses. In providing services under this Agreement, the I.T.
Coordinator shall be acting as an official of Agency. Therefore, with respect to claims
that may arise from the Information Technology Coordinator's services, the Town and
the I.T. Coordinator shall be entitled to assert any immunities or similar defenses that
would be available to the Agency and any in-house Agency employee in defense of a
similar action.
5. Audit of Books and Records. Agency may, in its sole discretion, undertake an
independent audit and/or evaluation of the Town's records and accounts relating to the
I.T. Coordinator performance under this Agreement, at Agency's own expense. All such
records shall be maintained for period of at least three years after the termination of this
Agreement. Town shall furnish all items necessary in the Agency's discretion to
complete said audit and/or evaluation subject to restrictions on confidentiality limited to
expenditure or receipt of program funds, and program quality.
6. Termination of Contract. Either party may terminate this Agreement immediately for
cause. "Cause" shall include, without limitation, the I.T. Coordinator's separation from
employment with the Town. Either party may terminate this Agreement without cause
upon 10 days written notice of termination to the other,party. In event of termination, the
I.T. Coordinator shall deliver to the Agency copies of all,finished and unfinished
documents, computer disks, and/or reports pertaining to the Services. The Town shall
be entitled to receive just and equitable compensation for all work performed prior to the
effective date of the termination. Notwithstanding the forgoing, if at the time of
termination, the I.T. Coordinator is working on an uncompleted project for Agency, the
Agency shall have the option of having the I.T. Coordinator complete that project,
payable at the Hourly Rate, provided that such completion requires no more than five
hours of work after the effective date of the termination. In the event that the project
requires more than five hours to complete, the Managers of Agency and Town will
negotiate some accommodation that allows Agency to realize the benefit of services for
which Agency has already paid oris obliged to pay
7. Mediation. The parties will make a good faith attempt to resolve any disputes arising
from this Agreement through mediation prior to initiating litigation. The parties shall
mutually agree upon,a mediator and shall share the costs of mediation equally. If the
parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties
with the names of five qualified mediators. Each party shall have the option to strike two
of the five mediators selected by JAMS and the mediator thereafter remaining shall hear
the dispute.
8. Miscellaneous.
A. Governing Law. The laws of the State of California shall govern this Agreement.
B. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
C. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
D. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing
IN WITNESS WHEREOF the parties hereto have caused their duly authorized
representatives to execute this Agreement the day and year above written.
AGENCY
TOWN
By:
By:
APPROVED AS TO FORM:
i
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard February 7, 2018
Agenda Item: PH
Tiburon,CA 94920 —,�..
REPORTSTAFF
To: Mayor and Town Council
From: Greg Chanis, Town Manager
Subject: Recommendation to Adopt a Resolution Approving the TTBID
Program and Levying TTBID Assessments
Reviewed By:
BACKGROUND AND ANALYSIS
The Town formed the Tiburon Tourism Business Improvement District ("TTBID")under Parking
and Business Improvement Area Law of 1989 ("Act"). The Act requires the Town to annually
approve the TTBID assessments and the activities funded by those funds. The Town has taken
the first two steps in that process:
• On January 10, 2018, the TTBID Advisory Board approved its Annual Report (The
Report), which included information on the TTBID's past and projected revenues and
expenditures and the proposed TTBID Program for the upcoming year.
• On January 17, 2018, the Town Council adopted Resolution No. 01-2018 ("Resolution of
Intention"), declaring its intention to levy and collect assessments within the TTBID and
to use those assessments to fund the TTBID Program. The Resolution of Intention set
these actions for public hearing on February 7, 2018.
The Report recommends the Town use the TTBID assessments to continue and expand upon the
initiatives begun during the past fiscal year. The Town would use the TTBID assessments to
fund a marketing program, in consultation with the TTBID beneficiaries—the Town's lodging
establishments—and other interested parties.
As explained in the report, staff anticipates that the TTBID will begin Fiscal Year 2017-18 with a
surplus of$179,856 from the prior fiscal year and raise approximately $192,415 in assessment
revenue during the current fiscal year. In addition to assessment revenue, the TTBID anticipates
receiving $30,000 from the Town of Tiburon, which is a portion of the Transient Occupancy Tax
collected by the Town. Staff anticipates expending approximately $270,000 in Fiscal Year 2017-
18, with any surplus funds carried over to the next fiscal year(2018-19).
The Act requires the Council to hold a public hearing on the proposed assessments and hear any
protests from interested parties. In the absence of a protest from businesses that would pay a
majority of the proposed assessments, the Council can move forward and adopt the Resolution
attached to this staff report, continuing the TTBID assessments for the upcoming year.
Town Council Meeting
February 7,2018
As of this date, the Town has received no protests. I would also note, the assessed parties, the
Town's two lodging establishments, have been very supportive of the TTBID program and are
represented on the TTBID Advisory Board.
FINANCIAL IMPACT
Staff does not expect any significant financial impact as a result of Council approving staff's
recommendations. The Town will continue to fund the TTBID program from the TTBID
assessments and a portion of the Transient Occupancy Tax received by the Town. As before, the
Town may retain a I% allowance to recover its administrative costs.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the proposed Resolution to Collect and Levy Assessments to
fund the TTBID Program.
2. Determine whether there are any public protests to the proposed assessments and
TTBID Program.
3. If there is no majority protest, adopt the proposed Resolution to Collect and Levy
Assessments to fund the TTBID program.
Exhibit: Draft Resolution
Prepared By: Greg Chanis, Town Manager
_---._._
RESOLUTION NO. xx-2018
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON TO LEVY AND COLLECT ASSESSMENTS ON
LODGING ESTABLISHMENTS WITHIN THE TIBURON
TOURISM BUSINESS IMPROVEMENT DISTRICT TO FUND
THE APPROVED DISTRICT PROGRAM
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et
seq., authorizes counties to establish parking and business improvement areas for the purpose of
promoting tourism; and
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et
seq., authorizes cities to establish parking and business improvement areas for the purpose of
promoting tourism; and
WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement
District ("TTBID"), to levy a one percent (1 %) assessment on lodging establishments within the
Town's borders; and
WHEREAS, in 2010, at the request of the Town's two lodging establishments, the Lodge
at Tiburon and the Water's Edge Hotel ("collectively, "Town Hotels"), the Town increased the
TTBID assessment to two percent (2%) and
WHEREAS, the TTBID Advisory Board ("Advisory Board") approved its annual report
on January 10, 2018, which report sets forth the legally required program and budget information
("Annual Report"), which included the TTBID Program and which the Council reviewed and
approved on January 17, 2018; and
WHEREAS, on January 17, 2018, the Council also adopted Resolution No. 01-2018,
("Resolution of Intention"), declaring its intention to levy the TTBID Assessments, setting a
public hearing on February 7, 2018 to consider any protests and directing related actions; and
WHEREAS, the Town published notice of the February 7, 2018 public hearing as
required by § 36534 of the Streets and Highways Code and further provided written notice to the
Town Hotels;
WHEREAS, the Town Council conducted the public hearing on the proposed TTBID
Program and assessments on February 7, 2018 pursuant to § 36524 of the Streets and Highways
Code and provided all interested parties an opportunity to be heard; and
WHEREAS,the Town had not received any protests to the proposed TTBID Program and
Assessments by the close of the public hearing and, having considered all public testimony,the
Town Council found that there was no majority protest that would preclude the Council from
Tiburon Town Council DRAFT Resolution No.XX-2018 02/07/2018 Page 1 of 3
EXHIBIT NO.
approving the TTBID program and assessments as set forth in the Resolution of Intention; and
WHEREAS, the Council finds that the TTBID Program will provide a direct and specific
benefit to the payors that is not provided to those not charged and that the assessments will be
levied according to benefits accruing to the assess businesses to the maximum extent feasible.
The direct and specific benefit to payors will be increased sales of room nights provided through
programs designed to directly benefit payors.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolves, determines, and finds as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. The Town Council hereby approves the TTBID Program without
modification.
Section 3. The Town will levy and collect assessments within the TTBID, which is
co-extensive with the corporate limits of the Town, as set forth in the Resolution of Intention.
The Town will use the TTBID funds to finance and administer marketing programs as set forth in
the Annual Report, the TTBID Program and the Resolution of Intention.
Section 4. The assessment will be levied on all lodging establishments, existing and
future, at a rate of 2% of gross room rental revenue. The assessment is proposed to be this
percentage for the following reasons:
a. An assessment based on percentage is most fair to lodging establishments
because it will cost smaller, lower service level and less expensive lodging
businesses less money than it will cost larger,perhaps higher service level and
higher room rate lodging businesses.
b. Benefits received by the assessed lodging businesses are likely to be
proportional to their assessment, depending upon programs implemented.
c. An assessment based on percentage will result in revenues that rise and fall in
reflection of greater and lesser business in an overall up or down tourism
market and world economy.
d. An assessment based on percentage is direct, and easy to understand and
calculate.
Section 5. New hotels within the boundaries will not be exempt from the levy of
assessment pursuant to Section 36531.
Section 6. Except where funds are otherwise available, the lodging business
Tiburon Town Council DRAFT Resolution No.XX-2018 02/07/2018 Page 2 of 3
assessment will be levied annually to pay for all improvements and activities within the TTBID
specific lodging-related and visitor services. These include, but are not limited to, Web-site
construction and maintenance, including assessed hotels, providing visitor information to
promote mid-week and off-season overnight lodging; management/alliances/board of directors;
research; sales in target markets, general advertising and administration&personnel.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on February 7, 2018, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Tiburon Town Council DRAFT Resolution No.XX-2018 02/07/2018 Page 3 of 3
TOWN OF TIBURON Town Council Meeting
February 7, 2018
1505 Tiburon Boulevard
Tiburon,CA 94920 Agenda Item:Al —�
STAFF POR
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Subject: 2018 own Council Committee Appointments
Reviewed By:
BACKGROUND
Members of the Town Council are appointed to serve on a variety of local and regional boards
and committees and as the Town representatives on a number of joint powers authorities. They
also serve on Town ad hoc committees, formed for a limited duration of time, to study specific
issues or projects in Town.
It is regular practice for the Town Council to conduct an annual review of this list at the
beginning of each year, following the reorganization of the Town Council in December, to make
any changes or new appointments. The Council will conduct their annual review of the list
tonight, now that Councilmember Welner has been appointed to the vacant seat.
The Council most recently adopted the attached committee appointments list(Exhibit 1) on July
5, 2017, after the appointments of Vice Mayor Kulik and Councilmember Thier to the Town
Council.
Also attached (Exhibit 2) is a working matrix of the committee appointments list, which
highlights the positions that are now vacant.
In regards to the Town ad hoc subcommittees, the list includes the recently created Tow
Manager Performance Evaluation subcommittee. If the Council creates a new ad hoc
subcommittee, it should also consider appointing membership to that committee.
RECOMMENDATION
Staff recommends that the Town Council consider any revised or new appointments for 2018.
Exhibits:
1. 2018 DRAFT Council Committee Appointments, last updated on July 5,2017
2. Town Council Committee Appointments Matrix for Tracking Updates
3. Brief summary of state and regional boards and committees
Prepared By: Lea Stefani,Town Clerk
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2018
I. STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS
(General Assembly meets in April and October)
Jim Fraser, Delegate
[vacant], Alternate
2. COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITY-SETTING COMMITTEE (CDBG)
(Meets twice a year in Marin City and at Civic Center)
[vacant], Delegate
Jim Fraser, Alternate
3. HOMELESS POLICY STEERING COMMITTEE (HPSC)
(Under auspices of County Dept. of Health Human Services)
[vacant], Town representative
4. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
Alice Fredericks
• Voting Delegate for Town of Tiburon
• North Bay Division Executive Committee
• Transportation, Communication& Public Works State Policy Committee -
(Appointment by League President)
Holli Thier, Alternate
5. MARIN CLEAN ENERGY BOARD OF DIRECTORS
(Meets Is' Thursday from 7-9 p.m. at I McGinnis Parkway, San Rafael)
[vacant], Delegate
David Kulik, Alternate
6. MARIN CLIMATE AND ENERGY PARTNERSHIP (ICLEI)
Local Governments for Sustainability (Meets 1s`Thursday, San Rafael City Hall)
Kyra O'Malley, Staff Liaison&voting board member
7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed)
Police Chief Michael Cronin, Delegate
Retired Capt. David Hutton, volunteer Delegate
[vacant], Alternate
8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS
(Meets 2nd Wednesday from 7-9 p.m., San Rafael City Hall)
David Kulik, Delegate
Holli Thier, Alternate
EXHIBIT NO.
-2�-
Adopted on February xx, 2018 DRAFT
Page I of 4
9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. -Sausalito City Hall)
Jim Fraser, Delegate
[vacant], Alternate
10. TRANSPORTATION AUTHORITY OF MARIN
BOARD OF COMMISSIONERS
(Meets monthly on 4th Thursday at 7:3 Op.m. -Board of Supervisors Chambers, Civic Center)
[Boardmembers serve for 4-year terms, beginning May 1, 2008]
Alice Fredericks, Boardmember [current term= May 1, 2016-2020]
Jim Fraser, Alternate
• Fredericks serves on the TAM Finance & Policy Committee, the TAM
Sales Tax Reauthorization Ad Hoc Steering Committee, and the Human
Resources Ad Hoc Committee
• Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC
11. TRANSPORTATION AUTHORITY OF MAR1N
(Safe Routes to School ad hoc subcommittee)
Jim Fraser—Town Appointee (since January 2014)
Il. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2"d Tuesday from 4:00-5:30 p.m. in the Town Council Chambers)
Jim Fraser, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch)
(Meets bi-monthly on 3'd Monday in the Town Hall Community Room)
Jim Fraser, Town Council Voting Member(a/o June 2012)—annual appointment
3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY
(formed 3/16/16)
[JPA members include Town of Tiburon, City of Belvedere, RUSD]
Holli Thier—Primary Director
Jim Fraser—Primary Director
III. TOWN AD HOC COMMITTEES -(in alphabetical order)
(Meetings scheduled as needed)
1 AFFORDABLE HOUSING
i. Jim Fraser
ii. Alice Fredericks
2 2017-2018 BUDGET
i. [vacant]
ii. Jim Fraser
3 DOWNTOWN REVITALIZATION
i. Jim Fraser
Adopted on February xx, 2018 DRAFT
Page 2 of 4
ii. Holli Their
4 LEGISLATIVE ACTION (current Mayor/MCCMC Legislative Committee appointee)
i. Jim Fraser
ii. Alice Fredericks
5 LITIGATION
i. Alice Fredericks
ii. Jim Fraser
6 MARTHA PROPERTY APPLICATIONS
i. Alice Fredericks
ii. Jim Fraser
7 MCKEGNEY GREEN RENOVATION
i. [vacant]
ii. David Kulik
8 PATHS & OPEN SPACE ACCESS
i. Holli Thier
ii. Alice Fredericks
9 TOWN MANAGER PERFORMANCE EVALUATION
i. Jim Fraser
ii. Alice Fredericks
10 2017-2018 SHARED SERVICES COMMITTEE
i. Jim Fraser
ii. Holli Thier
11 UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY
i. [vacant]
ii. David Kulik
V. MCCMC APPOINTMENTS
• Nominated by MCCMC and appointed by Board of Supervisors
Golden Gate Bridge, Highway& Transportation District Board of Directors
(Meets 2nd&4`"Fridays at10 a.m., GGBHTD offices)
Alice Fredericks [current term= 1/18 — 1/20]
Fredericks GGBHTD Committee Appointments: Building and Operating
Committee; Finance Committee (Vice Chair); Strategic Financial Planning
Committee; OPEB Committee (Vice Chair); Transportation Committee; Labor
Relations Advisory Committee (Chair)
Fredericks is also District representative to and President of the
GGB/Amalgamated Transit Union Pension Board of Trustees
Adopted on February xx, 2018 DRAFT
Page 3 of 4
• Town Appointments to MCCMC Committees
1. Legislative Committee [a Standing Committee per MCCMC Bylaws]
(Meets4thd Monday at 8:00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
No alternate
2. JPA Oversight Ad Hoc Committee
(Meetings scheduled as needed)
Jim Fraser, delegate
No alternate
3. Sea Level Rise—Ad Hoc Committee (August 19, 2015)
(Meetings scheduled as needed)
Alice Fredericks, delegate
[Committee has been subsumed by Bay WAVE group*]
4. Pension and OPEB Reform Committee
Holli Thier, Delegate
David Kulik, Delegate
Jim Fraser, Alternate
5. Disaster Preparedness Committee
Jim Fraser, Delegate
Holli Thier, Alternate
6. Marin CountBqBay Waterfront Adaptations Vulnerability Evaluation
*(Bay WAVE) Policy Group
Alice Fredericks' appointment affirmed by Town Council on April 20, 2016
VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee
(Meetings scheduled as needed)
Pat Barnes
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Greg Chanis
Adopted on February xx, 2018 DRAFT
Page 4 of 4
Working Matrix of Committee Appointments
State and Regional Agencies Town Ad Hoc Committees
Agency Delegate Alternate Town Ad-Hoc Appointee Appointee
Committee
Association of Bay Area Governments Jim Fraser Vacant Affordable Housing Jim Fraser Alice Fredericks
Community Development Block Vacant Jim Fraser 2017-18 Town Budget Vacant Jim Fraser
Grant Priority Setting Committee (CDBG) g
Homeless Policy Steering Committee Vacant x Downtown Revitalization Jim Fraser Holli Thier
(HPSC)
League of California Cities Alice Fredericks Holli Thier Legislative Action
(current Mayor/MCCMC Legislative Committee Appointee) Jim Fraser Alice Fredericks
Marin Clean Energy (MCE) Board Vacant David Kulik Litigation Alice Fredericks Jim Fraser
of Directors
Marin Emergency Radio Authority Chief Cronin Vacant Martha Property Applications Alice Fredericks Jim Fraser
Board of Directors (Ret. Capt. Hutton)
Marin Telecommunications Agency David Kulik Holli Thier McKegney Green Renovation Vacant David Kulik
Board of Directors
Richardson Bay Regional Agency Jim Fraser Vacant Paths & Open Space Access Holli Thier Alice Fredericks
Board of Directors
Transportation Authority of Marin Alice Fredericks Jim Fraser Town Manager Performance Evaluation Jim Fraser Alice Fredericks
Board of Commissioners
Transportation Authority of Marin Jim Fraser x 2017-18 Shared Services Committee Jim Fraser Holli Thier
Safe Routes to School Ad Hoc Comm.
Utility Undergrounding AssessmentFDavid Kulik Vacant
District Policy
Local Agencies and Committees
Agency Delegate Alternate
*not displayed: MCCMC Appointments,Town Appointments to MCCMC Committees or Town Appointments to
Belvedere-Tiburon Joint Disaster Marin Map (Patrick Barnes) or Marin County Hazardous and Solid Waste JPA(Greg Chanis)
Advisory Council Jim Fraser x
Belvedere-Tiburon Joint Recreation
Jim Fraser x
Committee
Joint Powers Authority to Jim Fraser (Primary Director)
Reduce Traffic Holli Thier (Primary Director)
X EXHIBIT 2
Town Council Committee Appointments
Summary List
Association of Bay Area Governments
(General Assembly meets in April and October)
ABAG's mission is to strengthen cooperation and collaboration among local governments and to provide
innovative and cost effective solutions to common problems they face.ABAG provides planning and
research resources related to land use, housing,environmental and water resource protection,disaster
resilience, energy efficiency and hazardous waste mitigation, risk management,financial services and
staff training.
Community Development Block Grant Priority Setting Committee (CDBG)
(Meets twice a year in Marin City and at Civic Center)
The Community Development Block Grant program provides federal grant funds from the U.S.
Department of Housing and Urban Development to non-profit organizations and local governments for
housing, community facility and public service projects serving lower income people.The priority setting
committee reviews applications for usage of federal funds.
Homeless Policy Steering Committee [County Department of Health and Human Services]
(Meets Quarterly)
The HPSC develops long-term strategic plans and facilitates year-round efforts to identify the needs of
homeless individuals and families in Marin County.
League of California Cities
(Meets quarterly and at the annual conference in September,other events as published)
The League is an association of California city officials who work together to enhance knowledge and
skills, exchange information, and combine resources.The League advocates for local control in the
legislature, provides a legal advocacy program, publishes resources for government operations, and
sponsors education, conferences and professional development.
Marin Clean Energy Board of Directors
(Meets 1st Thursday from 7-9 p.m.at 1 McGinnis Parkway,San Rafael)
The purpose of Marin Clean Energy is to address climate change by reducing energy related greenhouse
gas emissions and securing energy supply, price stability, energy efficiencies and local and economic
workforce benefits. It is the intent of MCE to promote the development and use of a wide range of
renewable energy sources and energy efficiency programs, including but not limited to solar and wind
energy production at competitive rates for customers.
Marin Climate and Energy Partnership
Local Governments for Sustainability(Meets ft Thursday,San Rafael City Hall)
The mission of Marin Climate and Energy Partnership is to create a countywide partnership that allows
members to work collaboratively, share resources and secure funding to implement overarching policies
and programs in each agency's Climate Action Plan and to collect data and report on progress in each
agency's individual greenhouse gas emission targets.
EXHIBIT NO.
Page 1 of 2
Town Council Committee Appointments
Summary List
Marin Emergency Radio Authority Board of Directors
(Meetings scheduled as needed)
MERA was formed to plan, implement and manage a countywide public safety and emergency radio
system to help unify response and ensure communication among individual agencies and departments.
MERA's governing board is comprised of representatives from the County of Marin,the cities and towns,
fire districts, and special districts.
Marin Telecommunications Agency Board of Directors
(Meets 2nd Wednesday from 7-9 p.m.,San Rafael City Hall)
Marin Telecommunications Agency(MTA) is a Joint Powers Authority that administers the Comcast,
AT&T and Horizon State cable franchises on behalf of its members and developing policy related to
telecommunications services in Marin County, including cable, broadband and related services. MTA
aims to promote availability, accessibility, affordability and public inclusion in telecommunications
infrastructure and services in Marin County.
Richardson Bay Regional Agency Board of Directors
(Meets 2nd Wednesday at 6:00 p.m.—Sausalito City Hall)
RBRA is a JPA between the County of Marin and the cities of Belvedere, Mill Valley,Sausalito and
Tiburon for the purpose of providing local control of the anchorage areas of Richardson Bay and
Belvedere Cove.The agency adopts regulations pertaining to the anchoring and mooring of transient
vessels in Richardson Bay and Belvedere Cove.
Transportation Authority of Marin Board of Commissioners
(Meets 4`h Thursday at 7:30 p.m.,Board of Supervisors,Civic Center)
The Transportation Authority of Marin (TAM) is designated as the congestion management agency for
Marin County, and is tasked with preparing a Congestion Management Program to fulfill state legislative
requirements of Propositions 111 and 116, approved in 1990.TAM is also the transportation sales tax
authority for Marin County, responsible for program funding for transportation programs in Marin.The
TAM Board includes Council representation from each city or town in Marin, and the Board of
Supervisors.
Page 2 of 2
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard February 7, 2018
Tiburon,CA 94920
Agenda Item:Al
-2—
REPORTSTAFF
To: Mayor and Members of the Town Council
From: Department of Public Works
Office of the Town Manager
Subject: Staff update on funding the McKegney Field Improvements Project
Reviewed By:
BACKGROUND
Since Spring 2015, staff has been meeting with representatives of the Tiburon Peninsula Soccer
Club (TPSC), outside consultants, interested residents and Town Council regarding the condition
of McKegney Green and a potential project to upgrade the field.
There have been seven Council meetings, as well as meetings with individual Council members
and several meetings of the McKegney Green ad-hoc subcommittee. Throughout this process,
Staff and Council have analyzed fifteen different options for renovating the field.
At the November 2, 2016 Council meeting, Councilmembers unanimously voted to proceed with
a design for a soccer field with an estimated construction cost just over$1.6 M. As the design
process progressed to 75%, the associated cost estimate was revised to $1.8 M. The increase in
estimated project cost was largely due to design changes made as a result of unfavorable soil
conditions discovered during the design investigation. Staff wrote Council a memo regarding
these issues in January 2017.
At the Council Retreat on March 3, 2017, Council asked staff to meet with the Mckegney Green
ad-hoc subcommittee to discuss funding options. Council also requested, as an alternative to
building a sand based field, that staff provide an estimated cost to turn the field into a regular, soil
based, green grass field, irrigated with potable water. The estimated project cost for this
alternative is $1.0 M.
At the retreat, staff also noted all parties are concerned that any new field be properly maintained.
Accordingly, working with the design consultant, staff has developed a comprehensive field
management plan which would be utilized if a sand based field is ultimately constructed. One
important aspect of maintenance identified in the management plan is the play to rest ratio. For -
the proposed field, this ratio is estimated at about one hour of play to 10 hours of rest, or an
average of 15 hours per week of play.
Subsequent to the Council Retreat, staff met with the McKegney Green ad-hoc subcommittee,
which developed the following recommendations:
1. The cost differential between a regular grass field ($1.OM) and a sand based sports field
($1.8M) should be split between the Town and private organizations. Based on this, the
Town would request $400,000 from private users, leaving approximately $1.4M to be
funded by the Town
2. The field is a Town resource and should not be for a single user. Therefore, the Town
should request funding from users that have expressed interest, namely the Soccer and
Lacrosse communities.
3. Soccer has been a predominant user of the field for years and has longer play seasons.
Therefore, they should be allotted 75% of the play time, and be requested to provide 75%
of the private funding, or $300,000.
4. Lacrosse is a new user with a more limited season and should be allotted 25% of the play
time, and be requested to provide 25% of the private funding, or $100,000.
On April 19, 2017, Council approved the recommendations of the sub-committee and asked staff
to return to Council early in calendar year 2018 with an update.
The design has proceeded to 100% and is ready to bid.
According to the privately run McKegney Green funding website, about 40% of the $400,000 has
been collected or pledged as of the writing of this staff report. This includes significant donations
from Belvedere Community Foundation and Tiburon Community Foundation.
Staff has received the attached letter from Jon Porter representing Southern Marin Lacrosse
(Exhibit 1). This letter asks for an extension to April 1, 2018 to continue to raise the $400,000.
In addition, the letter asks for modifications to the existing McKegney Field use policy to gain
support for the project.
Staff has also received communication (Exhibit 2) from the Tiburon Peninsula Soccer Club
stating, "TPSC is continuing to fundraise but we are securing alternate funding in the meantime
so that construction will not be delayed." TPSC followed up stating, ".... we can guarantee the
funds. We will not need an extension."
Based on our communication with representatives from the Soccer and Lacrosse communities, it
is not clear to staff what level of coordination is occurring between the two groups regarding
fundraising.
ANALYSIS
The design is now 100% complete, and staff is prepared to put the project out to bid. The cost
estimate remains at $1.8M, however, staff notes the current bidding climate is unpredictable.
Now is the best time for bidding as contractors have not yet filled their schedules for the coming
construction season. Waiting to bid could potentially result in less bidders and higher bids.
Construction is estimated at 12 weeks, and the field must rest at least 6 weeks after construction
before it is put into use. If the project is put out to bid now, it is possible the field could be open
in mid-September for fall play.
TPSC has noted they can guarantee $400,00 in funding. Extending the fundraising deadline
seems unnecessary. Waiting to put the project out to bid may potentially lead to greater bid
prices and remove any possibility of fall play on the new field this year.
In addition to their request for a time extension for fundraising, Lacrosse has asked for changes to
the existing McKegney Field use policy. One change that is being requested is the opportunity to
explore and discuss additional options that would allow older (over age 11) Southern Marin
Lacrosse teams to play on McKegney Field.
The current McKegney Green use policy was adopted by Council on June 18, 2014 after
receiving recommendations from POST which based their recommendations on a study
completed for the Town by The Sports Management Group. Should Council wish to revisit the
current policy, staff will be happy to bring such an item back to Council at a future date.
FINANCIAL IMPACT
The total estimated cost of the proposed McKegney Green project as currently designed(sand
based) is approximately $1.8 M, with $400,000 of that money to come from private sources.
Council included $IAM of Town funding in the approved FY 2017-18 Budget for this project.
TPSC has stated they can guarantee the $400,000 of private funding.
Ongoing maintenance costs for the renovated field are expected to be about $45,000 per year. In
addition, we should anticipate replacing the turf sod of the field every ten years.
RECOMMENDATION
Staff recommends the Town Council:
1. Receive staff report on status of McKegney Green Project.
2. Authorize staff to put the McKegney Green renovation project out to bid.
Exhibits:
1. Letter from Jon Porter of Southern Marin Lacrosse
2. E-mail from Kim Stibich and Stacy Achuck of Tiburon Peninsula Soccer Club
Prepared by: Patrick Barnes, Director of Public Works
Greg Chanis,Town Manager
T' 3 ,.
1`4 ,
Dear Patrick,
The Southern Marin Lacrosse Club kindly requests an extension beyond the December 31st
deadline to help raise $400K needed to complete the sand based component for the McKegney
Field Project. We request an extension to April 1, 2018.
To date, our fundraising efforts have helped raise a total of$150K. Included in this number is a
$30K grant from The Belvedere Community Foundation and a $20K grant from The Tiburon
Community Foundation (Please note the 20K from TPF has been verbally acknowledged but an
official grant has not been received yet). These grants were issued following a joint
presentation on behalf of The Tiburon Peninsula Soccer Club and The Southern Marin Lacrosse
Club to both the BCF and TPF
In addition to the extension request, we would also like to ask the council to consider revising
the McKegney Field Usage policy, so it can be more inclusive of a broader Tiburon/Belvedere
audience, and that the policy is governed in a fair and equitable manner. We have spoken to
many donors and potential donors since the fundraising began. Based on the conversations
and community feedback, we have come to the following conclusions:
1. Many potential donors have expressed concern that the funds raised for the project will
serve a narrow group of users year round, primarily soccer players. As a result, they are
reluctant to donate.
2. In fact, when they have learned that lacrosse play on McKegney will be very limited under
the scope of the current field policy, many of these same families have decided not to
donate. The current policy states only children under the age of 11 can play Lacrosse on
McKegney. We request the opportunity to explore and discuss additional options that would
allow older Southern Marin Lacrosse teams to play on McKegney Field.
3. We have encountered frustration as many feel misled, given information that is being
pushed out into the public is not only inaccurate, but misleading. On behalf of many of the
Tiburon/Belvedere Lacrosse families perspective, once they discover the limitations
surrounding lacrosse usage/play, many quickly become discouraged. For Example, the
current field policy states "The Organization with a history of past field use on
EXHIBIT NO. �""
specific fields will have first priority. Sport of the season will have second priority."
This has led many to believe that Lacrosse will not only be able to practice on
McKegney after school during their Spring season, nor will the hours available be
after school play hours.
SMLC continues to be very supportive of the McKegney project and we are honored to be part
of the fundraising efforts thus far. We also maintain our stance that the fundraising efforts
should be collaborative and community driven. We believe this would provide the necessary
transparency to drive the fundraising efforts forward. The community is passionate about this
project. The more we can involve the Tiburon/Belvedere community the greater the success we
will achieve together. However, based on the feedback and the significant shortfall in funds
raised thus far, we feel it's incumbent upon us to report the feedback and
to offer up solutions that could help us achieve our fundraising goals together.
Thank you,
i
Jon Porter `
on behalf of the Southern Marin Lacrosse Club Board of Directors
Patrick Barnes
From:STACY ACHUCK [mailto:stacy@achuckfamily.com]
Sent:Thursday, February 01, 2018 5:56 PM
To: Patrick Barnes<pbarnes@townoftiburon.org>; Kim Stibich<stibich@aol.com>
Subject: Re: McKegney Staff report
Patrick,
Yes.... we can guarantee the funds. We will not need an extension.
Thank you.
Stacy Achuck
Golden Gate Sotheby's Intl Realty
415-233-2009 (P)
415-384-4092 (F)
From: Kim Stibich [mailto:stibich aol.com]
Sent:Thursday, February 01, 2018 3:21 PM
To: Patrick Barnes<pbarnes@townoftiburon.org>; stacy@achuckfamily.com
Subject: RE: McKegney Staff report
Hi Pat,
TPSC is continuing to fundraise but we are securing alternate funding in the meantime so that construction will not be
delayed.
Kim &Stacy
Sent from Mail for Windows 10
EXHIBIT N®.
Tiburon Town Council
�. TOWN OF TIBURON February 7,2018
1505 Tiburon Boulevard-17
Y
f, Tiburon,CA 94920 Agenda Item:AI
X
STAFF
PO.
To: Tiburon Town Council
From: Office of the Town Manager—Greg Chanis
Subject: Request to allow Memorial Benches on Town Property
Reviewed By:
BACKGROUND
On February 6, 1980 a Town Policy was adopted, Naming of Town Owned Parks, Lands, Streets,
and other Facilities (Exhibit 1),which was subsequently revised three times, the most recent being
February 16, 1996. The Town Policy defines the process for the naming of Town owned lands,
geographical or of local historical significance. It also outlines how and when a request for naming
shall be considered, as well as the procedure.
In addition, this Town Policy was reinforced with a more specific letter, issued directly by the
Heritage and Arts Commission ("H&A letter") (Exhibit 2). The H&A letter refers to the Policy and
provides further guidelines for prospective requests and specifically indicates the Town does not allow
`memorial' benches.
On January 11, 2018, staff received a request for an exception to the above policy from Jim Wood,
Organizing Committee member for the Trestle Trail Project(Exhibit 3). In this letter, the Trestle
Trail Organizing Committee proposes allowing the installation of bronze plaques, with individual
donor names, on four viewing benches to be placed along the pathway.
On April 19, 2017, Town Council approved the design for the Trestle Trail. This design included
individual donor plaques `set in' to the timbers which are embedded in the pathway. In addition, the
design includes 2 post mounted plaques to be located at the end of the walkway. These post mounted
plaques will also list the names of project donors. The viewing benches themselves were approved by
Council as part of the overall Trestle Trail design. However, the plaques, which would dedicate the
benches to specific individual donors, were not included in the design approved by Council.
ANALYSIS
As written, the Town Policy outlines the procedure for the naming of Town owned Parks, Lands,
Streets, and other Facilities. In addition to specifically indicating the procedure for the naming of
town owned `lands', the policy also suggests for all other individuals for which a commemorative
tribute is desired, the following guidelines should be followed:
• Inclusion in a Commemorative book placed in Town Hall, or,
( ( ,pill, 11o,.�� 111
I J'Ii� , 1 )
• The expenditure of money from a specially established Heritage & Arts Fund which would
implement civic projects chosen from a"wish list".
The above-mentioned Town Policy does not specifically mention memorial benches, however, the
letter developed by the H&A does. The H&A letter further clarifies and narrows down the parameters
of consideration for a request. The letter also specifically mentions the "important issue of plaques"
in paragraph 6, page 1. This section reads, in part, as follows:
"Town policy does not allow plaques on objects such as benches, stone monuments associated
with benches, play structures, trees, etc. It does however, consider discreet name plates on any
building, monument, fountain or other object located on Town-owned property so long as it has
been worked into the design of the structure or the donated object and the named person meets
the criteria set forth in the Town's Naming Policy".
This more clearly defined stance on memorial plaques/benches appears to be the result of discussions
that occurred over several years at Town Council meetings. For example, a staff report from the May
3, 1995 Council meeting, attached as Exhibit 4, recommends `that no further memorial bench/plaques
be installed or considered by the Town'. A 2001 staff report, attached as Exhibit 5, includes
guidelines for accepting entries into a Town Commemorative Book. Item 9 of the procedures
specifically states `No memorial benches permitted'.
Throughout the past 20-30 years, Town staff, and by extension, the Heritage and Arts Commission,
has been approached with numerous requests for commemorative plaques to be placed throughout
Town property, primarily on benches. Staff has denied all requests of this type, adhering to the
guidelines established in the Naming Policy and the defining letter issued by the Heritage and Arts
Commission. In all this time, no one has asked for an exception to the policy. The Naming Policy
does not include a specific process for seeking an exemption of this nature, and therefore, staff chose
to follow the general procedures outlined in the Policy for the naming of Town owned land, facilities,
or structures. This means the request was first submitted to the Town Manager, who forwarded it
along to the Heritage and Arts Commission for a recommendation. On January 23, 2018, the Heritage
and Arts Commission considered the request by Mr. Wood and voted 3 -1 with one abstention in favor
of recommending to Town Council they approve the request. Staff would note the Heritage and Arts
Commission did not have copies of Exhibits 4 and 5 when they considered this matter, nor have they
considered a request of this nature in the past.
FINANCIAL IMPACT
If Council approves the request, there will be no financial impact to the Town.
RECOMMENDATION
Staff recommends Town Council receive a Staff Report on this item, receive a presentation from the
applicant, hear any public comment and then either approve or deny the request.
Exhibits:
1. Naming of Town Owned Parks,Lands,Streets,and other Facilities
2. Heritage&Arts Commission Letter referring to the Policy(Exhibit No. 1)
3. Letter from Trestle Trail Organizing Committee requesting exemption from Town Policy stated
in Exhibit 1
4. May 3, 1995 Town Council Staff Report—Memorial Bench/Plaque Policy
5. July 18,2001 Town Council Staff Report—Funding for Commemorative Book
Prepared By: Greg Chanis,Town Manager
NAMING OF J'O WN OWNED PARKS,
LANDS, S'T'REETS, AND OTHER. FACILITIES
POLICY
I. Except as otherwise provided below, Town-owned lands (including dedications to
public use) shall receive names of geographical or local historical significance.
This policy shall be flexible and consideration should be given to the
appropriateness of the name. (Refer to attached list of Local Historic Names.)
2. Significance of the name shall be explained with any request.
3. The Darning of Town-awned lands for individuals (living or deceased) may be
considered when wan-anted for individuals donating land or substantial funds for
its purchase or when warranted by outstanding community service.
Such notable individuals (living or deceased), may be honored by an appropriate
plaque on any building, monument, fountain or street located on Town-owned.
property.
The above-mentioned individuals, and additionally, all other individuals for
whom a commemorative tribute is desired, may be honored through one of the
following guidelines:
a. Inclusion in a Commemorative Book to be placed in the Town Hall, which
will contain a page for each person to be honored. The person's family or
sponsor will provide a brief background or special memory which will
serve both as a personal history and as a segment of the history of the
Tiburon Peninsula.
b. The expenditure of money from a specially established Heritage & Arts
Fund which would implement civic projects chosen from a"wish list"
generated by Town Council, Commissioners, and donors. Monies maybe
channeled to a particular project from the "wish list" at the request of the
donor. The projects may take care of tree planting programs, establishment
and care of slurub and flower beds, art work for public buildings and other
worthwhile undertakings. The chosen project and its location will be
noted on the page of the Commemorative Book honoring the individual(s).
PROCEDURE
1. Requests concerning names to be given to the Town-owned land and facilities or
structures thereupon shall be made in writing to the Town Manager.
EXHIBIT NO. �--~
2. The Town Manager shall review the request and submit it to the Tiburon Heritage
& Arts Commission for its recommendation regarding appropriateness.
3. The comments and recommendation of the Commission should be forwarded in
writing to the Town Council, via the Town Manager. A copy of this report shall
be sent to the Parks and Open Space Commission.
4. The decision of the Town Council shall be the final step in the naming process.
Adopted 2/6/80
Revised 6/16/92
Revised 12/5/94
Revised 2/16/96
2
__.._.. -------._..._................_.
T 1 B U R O N
H E R I T A G E
A R T S
COMMISSION
Fj
May 2016
The Heritage & Arts Commission appreciates the desire of a family to recognize.the
contributions of a family member to family, friends, and society. The Town values the
significance a person's life brings to the community. It has therefore created a 100-year
Commemorative Book.
The Contrnemorative Book has two oats. The first is to provide falxnlies, friends and the
community with a means to effectively and thoughtfully commemorate loved ones, living or
deceased, of any age. The second is to serve as a 100-year history of the Tiburon Peninsula
through the singular stories ofthe lives of its residents.
Here's how the book works. It has two pages for each person honored. One page contains
his/her biography and the opposite page contains a photo donated by the family. On the photo
page there is a place designating the type and site of the gift and recognition of the contribution
to the chosen project. The book; with its personal recollections of Tiburon history, resides in the
Town Hall lobby for all to enjoy.
How do you know.if youz_intended honoree qualifies for inclusion in the Commemorative book`?
In summary, if your honoree has donated land or substantial funds for the purchase of land to the
Town, or has provided outstanding community service or a donation to an item on the "gift list",
he or she will qualify for inclusion in the book.
How can I et a parcel of_1p.nd.named for my honoree. A parcel of land may be named for your
honoree if that person has donated land or substantial funds for the purchase of that land; or when
warranted by outstanding community service. Please read Paragraph 3 of the attached Town
Naming Policy.
Now - about the important issue of plaques. Town policy does not allow plaques on objects such
as benches, stone monuments associated with benches, play structures, trees, etc. It does,
however; consider discreet name plates on any building, monument, fountain or other object
located on Town-owned property so long as it has been worked into the design of the structure or
EXHIBIT NO.
the donated object and the named person meets the criteria set forth in the Town's Naming
Policy (attached). The plaque must be approved by the I-leritage & Arts Commission and final
approval must come from the Town Manager. The costs of acquisition, installation, maintenance;
and name plate associated with the chosen project will be borne by the donor.
Public recognition and acknowledgment of your kind donation will be placed in the
Commemorative Book, and you will receive from the Town of Tiburon, a fi-amed Certificate of
Recognition and I-Ionor for your home or office.
Enclosed you will find an Information Package that consists of-
l . Biography Worksheets
2. Sample Entry (2 pages fi-om Former Town Manager, Bob Kleinert)
3. "Gift List" (Ideas for Possible Types of Donations)
4. Naming/Commemorative Policy of the Town of Tiburon
5. Commemorative Tree Planting Policy
We welcome any questions you might have about the process and the Commemorative
Book. Please call Staff Liaison, Patti Pickett, at 415-435-7373. We look forward to working
With you on your commemorative gift.
Cordially,
Patti Pickett
Staff Liaison
Heritage & Arts Commission
Enclosures
cc: Heritage & Arts Commissioners
2
TO: Greg Chams, Town Manager, Town of Tiburon
FROM: Jim Wood, Trestle Trail Organizing Committee
SUBJECT: Request for four "Donor Benches" Along Trestle Trail
Dear Greg:
Trestle Trail is a soon-to-be-completed 600-foot paved walkway
overlooking Blackie's Pasture in the Town of Tiburon. Its construction
has been made possible by funding from Tiburon, Belvedere, several
foundations and, most of all, by individuals wanting to support* this
community effort and leave a token of their involvement for posterity.
To date, individual donations are in the form of"Donor Ties"
($2,000), where a favorite quote, whimsical saying or personal statement
is cast on a 5" x 12" bronze plaque, set in redwood and embedded in
Trestle Trail's concrete pathway. Also in the way of showing support are
"Donor Spikes" ($150 to $900), and names of those donating will be
placed on a plaque set at Trestle Trail's terminus.
Because of budgetary concerns, along with wanting to properly
maintain Trestle Trail into the future, Trestle Trail Organizing
Committee now wants to offer four viewing benches placed along the
pathway for naming rights at a donation of$5,000 each.
Each bench will be five-feet in length.. ADA approved and have
black iron ends with wooden (epay) slats. Each bench costs
approximately $1 ,200 and wil I place in four equally spaced intervals,
EXHIBIT NO.
facing west, along Trestle Trail. At the center of the back of each bench
a 3" x 5" bronze plaque, again featuring a donor's favorite quote,
whimsical saying or personal statement, will be affixed to the slats.
The Trestle Trail Organizing Committee feels this is an appropriate
location for such permanent tributes because Trestle Trail is, first and .
foremost, a memorial—both to the town's history and its citizens. Also,
the messages involved will be limited to a confined area, not spread
throughout acres of parkland and miles of pathways.
In addition, similar to the 75 "Donor Ties," the requested wording
for the "Donor Benches" will be submitted to Town Staff for approval
prior to its being cast in bronze.
In 20161 the Tiburon Town Council unanimously endorsed the
concept of 75 "Donor Ties" and dozens of"Donor Spikes" in support of
Trestle Trail. The Trestle Trail Organizing Committee is now asking for
approval to add four "Donor Benches" to that environment.
Respectfully submitted:
Jim Wood
Trestle Trail Organizing Committee
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SheetIndex
t. CONT A/_T0
SHALL BE RESPONSIBLE PO'A ALL LAYOUTANDMEASUREMENTS AS
————- NOI ED WTHE GRAWINGS AND SPECIFICATIONS. THE COWRAWOR SHALL BE.
r T0.1 Title Sheet R4SPo???SIBLE FORALL SURVEYING AND FICLO F14WNEERiNG NECESSARY TO
A0.1 Proposed Site Plan and Site Sections ESTABLISH THE LINES AND GRADE STAKES.
A0.2 Proposed Site Sections 2. BEFORE UNDER T!:45 CONRA{?UCTIF�LSA.UPDE rn 9llNc.
A0.3 Proposed Laydown Area/Erosion Control Plan SERIOCE AL I.RT.AT i E r M;-i6IX_TH.E COW RACTcR SHALL ET ERPA INE T?+:E
r_•,,:,;:.;,;:;u�. A1.1 Proposed Plan ExrC LOCATIOtl w.-'.ALL ES:7ING i'TSL17tE3 PIPES ANC STRUtCTUP.ES 2E;:cRE
COMMENaNG 1':--RK ANDAGREES Ta BE FULLY RESPONSIBLE FC'R A:,e AND ALL
A3.1 Details DWAGES WRICfi MIGHT BE,OCCASIONED SYTHE CONTRACTOR'S FAJLUPE TO
A3.2 Details EXACTLY LOCATE AND PRESERVE SAID UTILITIES.
3. CONTRACTOR SHALL NOT WILLFULLY PROCEE'VVITH CONSTRUDTION AS
Lyp DESIGNED WHEN IT IS OBVIOUS THAI UNKNOLNH OBSTRUCTIONS ANDIOR GRADE
DIFFERENCE•:EXIST THAT MAY N071 HAVE BEEN KNOWN DURING DESIGN. SUCH
CONDITION&SHALL SE IMMED1AT£L Y BROUGHT TO THEATTENTION OF THE CITY
1 * 39,2` <I
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PR0PMFD .WF PI AN /
MEMORANDUM
TO: TOWN COUNCIL DATE: MAY 3, 1995
FROM: TOWN MANAGER ITEM: 1
SUBJECT: MEMORIAL BENCH/PLAQUE POLICY
BACKGROUND
The Town's initial policy regarding "memorials" read "Names of individuals shall be permitted
for buildings, monuments, fountains or structures located upon Town-owned lands where
warranted by significant contribution to the community". (Exhibit 1)
This policy was reconsidered in 1988 at which time the POSC recommended that no public
memorials of any sort shall be installed on public lands. The matter was referred to the
Council's Public Services Committee. However, no specific action concerning the Town's policy
was acted upon.
In June 1992 the Town Council revised the policy by stating "Individuals (living or deceased)
who either have made a significant contribution to the community, or who have provided
significant funds or property, may be honored by an appropriate plaque on any building,
monument, fountain, street, or other structure located on Town-owned property. (Exhibit 2)
In May 1993, the Town Council specifically addressed and approved the installation of memorial
nch s. The cost to the applicant and payable to the Town was set at $1,000 per bench. Since
that time approximately seven (7) such benches have been installed along the Tiburon Shoreline
from Elephant Rock to Blackie's Pasture.
ANALYSIS
The Supt. of Public Works indicates there is no longer a significant need for benches along
either the Richardson Bay or Paradise Drive shoreline. The last memorial was installed adjacent
to an existing bench by Elephant Rock. The donor purchased the plaque for the $1,000 fee.
The POSC has currently two (2) new requests for memorial benches and one (1) drinking water
fountain on hold until the Council has considered the matter.
Citizens have complained to Town Staff that the Paradise Drive Shoreline Walkway resembles
a "cemetery" with the headstone by the benches.
Many of the individuals being honored or memorialized are not know to the community, but only
EXHIBIT NO.
to perhaps 1 or 2 people.
Some of the memorial requests are for individuals who'have never lived in Tiburon.
The amount of funds received by the Town does not justify the continued installation of such
memorials.
RECOMMENDATION
The Town Council direct (1) that no further memorial bench/plaques be installed or considered
by the Town; (2) that the current Town policy for such memorials be revisited by the POSC and
Heritage & Arts Commission, and (3) that a new policy be recommended by the POSC and
Heritage & Arts Commission, and (4) that this policy be considered by the Town Council.
EXHIBITS
1. Naming of Town Owned Parks, Lands and Facilities, adopted 2/6/80
2. Town Council Minutes #942 of May 6, 1992
3. Revised Naming of Streets, Parks, Lands, and other Policies, adopted 6/16/92
4. Proposed 1988 Memorial Policy
5. Excerpt of Town Council Minutes #975 of May 11, 1993
TOWN OF TIBURON
S'T'AFF REPORT
ITEM NO.
To: TOWN COUNCIL
From: CHAIR, HERITAGE &ARTS COMMISSION
Subject: FUNDING FOR COMMEMORATIVE BOOK
Date: JULY 18, 2001
BACKGROUND
In 1995, at a meeting of the Town Council, the issue of memorial benches and plaques was discussed.
Apparently, the Town had begun to receive numerous complaints regarding the appearance of the stone
monuments and plaques that were installed with each new memorial bench. The complaints stated that the park
areas were beginning to look "like a graveyard." Council stated that the bench-and-plaque format was to be
discontinued and the matter was referred to the Heritage & Arts Commission to devise possible alternatives for
memorials.
The Commission began brainstorming for ideas and researching the programs of other cities. At last, they
developed the concept of a Commemorative Book to be installed in the lobby of the Town Hall. The book will
contain space .for 50 two-page entries. A local graphic artist has been retained to design the book and oversee
its production. Copies of the Town procedure and format for the book are attached.
ANALYSIS
Presently, the Town receives an average of two phone calls per month requesting a memorial for someone and
those requests have to be referred to Landmarks Society or the School District because no mechanism is in place
within the Town government to accept or create the memorial. The Commemorative Book Program would serve
two important functions. First, it would enable the Town to accommodate memorial requests and second, it
would enable the Town to acquire some of the items on a"wish list" pooled from the Council and Commissions.
RECOlViMENDATION
It is recommended that the Town Council approve $2,750 for the design and production of three
Commemorative Books.
EXHIBITS
Proposal from Graphic Designer
Goal and Criteria Page
Procedure for Creating Entries to Commemorative Book
Information Package for Donor
EXHIBIT NCS.
[Procedure for Town Use]
HERITAGE & ARTS GUIDELINES FOR
r ACCEPTING,ACKNOWLEDGING AND CREA'I'I1`1G
AN ENTRY IN THE TIBURON COMMEMORATIVE BOOK r 3 s
r----------------- ------------------------------------------------------ -----------------------------------
1 The
-------------------------- ----_- -1The Commemorative Book has two goals. The first is to provide families, friends and the community with a
means to effectively and thoughtfully commemorate loved ones, living or deceased, of any age. The second is to
serve as a 100-year history of the Tiburon Peninsula through the stories of the lives of its residents.
L-------------------------------------------------------------------------------------------------------------j
--------------------------------------------------------------------------------------------------------------,
Criteria for Eligibility and Inclusion in Commemorative Book
■ Principal Eligibility for Inclusion in Commemorative Book
is found under Section 3 of the Town Naming Policy
I I
■ Town Council, H&A Commission or other person,may
request a commemoration in the book.
i s
m Person being commemorated may be a resident of the
Belvedere-Tiburon Peninsula,
living or deceased, regardless of age
or {
■ Person being commemorated may have a connection
and/or affiliation with the Tiburon Peninsula
I i
■ An oral history and pictorial representation of the
commemorated person must be submitted
I I
!--------------------------------------------------------------------------------------------------------------!
1
[Procedure:]
1. Reply to any request by family or firiend desiring to donate a gift. Use form letter and include the
following four(4) enclosures:
a) Information Package for entry in Commemorative Book
b) Wish List
c) Naming Policy(also known as Commemorative Policy)
d) Collection Policy
2. The Town Council or H&A Commission may request a commemoration to honor a person. (Procedure
and approvals rest in Town naming policy approved by Council in 1996.)
3. H&A Commission votes to approve gift and send memo to Town Manager. H&A Commission will send
recommendation to Town Council for unique situations.
4. H&A Commission accepts in writing and thanks donor for the gift. (Procedure for 2 and 3 above is found
in the Donation and Collections Policy, approved 1996.)
5. H&A Commission Assigns a Commissioner to act as liaison to donor.
6. H&A Commission maintains and provides wish list for donor use. Town Manager, Councilmembers and
members of other commissions may generate suggestions for wish list.
7. (Plaque Policy outlined in Donation, Collection, and Naming Policies.)
a. Plaques on gift are placed at expense of donor
b. Plaques should be consistent for trees,shrubs, flower planting, a structure,or artwork
C. Plaques should be reviewed for appropriateness
d. H&A must approve
e. Commission retains right to move plaque or gift if necessary under some"special
circumstance" i.e. a picnic table is being vandalized.
8. H&A and Donor jointly decide on private or public acknowledgment.
9. No memorial benches permitted.
2
i
Tiburon Town Council
February 7, 2018
PH-1 : Hawthorne Undergrounding Dist.
Late Mail
Requests for Copies:
Lea Stefani, Istefani@townoftiburon.or�
+r
Lea Stefani
f
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:10 AM
To: Lea Stefani
Subject: FW: So excited for tonight - 100% in full support of undergrounding in Hawthorne
Terrace
,i
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Park Allen [mailto:�arkallenC> ,mail.com]
Sent:Wednesday, February 7, 2018 10:05 AM
To: Christina Goebel<cgoebel(c g ail corn>; Greg Chanis<gchanis(a�townofcibEaron.or >
Subject: Re: So excited for tonight- 100%in full support of undergrounding in Hawthorne Terrace
Greetings all,
Park Allen and Christina Goebel here, residents of Hawthorne Terrace, address 699 Hilary Drive.Just wanted to once
again express our enthusiastic support of the undergrounding project. We have voted for the initiative, but felt it was a
good idea to express our support in an email as well, in case any members of the Town Council voice their opposition is
a way that would negatively effect the project.
When the one Council member stated that the project was "too divisive," I believe that person failed to see/realize that
what she was experiencing was a very limited vocal minority. We have huge support by both percentage of land
ownership AND#of families.Those opposed are a vast minority. Change is always hard and scary. But there are
ALWAYS ways to overcome short term pain for long term gain.
I am confident that this will pass and we will finally rid ourselves and our neighborhood of dangerous and view
inhibiting poles.
Thank you,
Park& Christina
{i
{
!i
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:11 AM
To: Lea Stefani
Subject: FW: Hawthorne Undergrounding
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
-----Original Message-----
From: Arif Fazal [mailto:fazal arif@Vahoo.com]
Sent: Wednesday, February 7, 2018 10:01 AM
To: Greg Chanis<gchanis@townoftiburon.org>
Cc: Arif Fazal<fazal arif@Vahoo.com>
Subject: Hawthorne Undergrounding
To Our Town Council•
We are VERY strong supporters of the Hawthorne Undergrounding project and expect that the Town follows suit
otherwise it'll be liable for any further downed power lines or, heaven forbid, an inferno related to power lines!
Cheers,
Arif Fazal
25 Mara Vista
i
j
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:11 AM
To: Lea Stefani
Subject: FW: utility undergrounding
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From:J Bell [mailto:pooka157(@yahoo.corn]
Sent:Wednesday, February 7, 2018 8:51 AM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: utility undergrounding
This is to reiterate my support for the under-grounding project. In light of the safety concerns, and the
overall aesthetics , it is reasonable and long over due. It will never be any cheaper, and in the end,
will increase the worth of the neighborhoods.
hope it passes.
Judy Bell
4 Palmer Ct.
Tiburon, CA
E
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:11 AM
To: Lea Stefani
Subject: FW: Message in Support of Hawthorne Undergrounding
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
From: David King [mailto:dl in�6_ 8(?�maiLcom]
Sent:Wednesday, February 7, 2018 8:49 AM
To: Greg Chanis<gchar)is(2townoftiburon.org>
Subject: Message in Support of Hawthorne Undergrounding
Dear Tiburon Town Council,
We may not be able to attend tonight's Hawthorne Undergrounding meeting, so we wanted to write to express our
strong support for the project. We believe that the cost is worth the increased safety benefit. Removing the poles will
reduce the risk of fire and the risk of vehicles being blocked from getting to or leaving the area in an emergency due to
downed poles. Removing the poles in Hawthorne Terrace will also beautify the neighborhood, and removing the poles
along the bike path will benefit all Tiburon residents. We hope that the undergrounding measure prevails, and that the
Town Council then works to facilitate this beneficial project. Thank you for your consideration.
David King and Sarah Wilson
735 Hawthorne Drive
A
d
tl
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:11 AM
To: Lea Stefani
Subject: FW: Hawthorne Undergrounding Support
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Paras [rriailt( :pfanc Lu)g rail.com]
Sent:Tuesday, February 6, 2018 8:55 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Hawthorne Undergrounding Support
Dear Town Council Members,
I am writing to express my strong support for the undergrounding of the power poles in the Hawthorne neighborhood.
While I do not live in that neighborhood, I have lived in Tiburon for 11 years and have seen the impact of downed power
poles on our community. My home was directly affected by the pole that split on January 8, 2017,and I fear what could
have happened to a house on my street or any resident walking nearby when the pole came down. I do not wish any
other community member to experience this negative impact.
This decision belongs both to the residents of the district who will bare the cost and to the town. I strongly urge you to
vote yes if the majority of residents vote in favor of the district.
Paras Fancy
571 Virginia Drive
'i
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:43 AM
To: Lea Stefani
Subject: FW:Vote Yes on Undergrounding
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920 f(415)435-7383
From: Caely Cusick [rriailto:caely.cusicl<(@gmail.com]
Sent: Wednesday, February 7, 2018 10:32 AM
To:Greg Chanis<Vchanis@)townoftiburon.org>
Subject:Vote Yes on Undergrounding
Hi.
My family and I live at 700 Hawthorne Drive in Tiburon.
Every day we see the immense car, bike and walking traffic in the Hawthorne Terrace Neighborhood. This includes
children on bikes for St Hilary's, children walking to bus stops to catch to Redwood High School and parents driving not
only to St. Hilary's School but Hawthorne Nursery School. For the public safety of the town at large that uses this
neighborhood and the neighborhood itself, which I hope you care about since you are on the town council, we hope you
approve this undergrounding project.
Thank you,
Caely and Eric Tiret
i
ii
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 10:43 AM
To: Lea Stefani
Subject: FW: Undergrounding. Hilary Area
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Ukiyoe3319 [mailto:ul<iyoe3319@gmail.com]
Sent:Wednesday, February 7, 2018 10:20 AM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Undergrounding. Hilary Area
To all to may concern
On this undergrounding project
I am a homeowner onHilary Drive
A yes vote-is in favor of the project.
A yes vote is an investment for the future of the neighborhood
A yes vote will promote safety standards for
the area
Marden N Plant
Sent from (415) 264-9888
Euro mobile: 33-(0)6-70-93
Sent from (415) 264-9888
Euro mobile: 33-(0)6-70-93-18-17
Marden N. Plant
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 2:07 PM
To: Lea Stefan i
Subject: FW: Hawthorne Terrace undergrounding
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
-----Original Message-----
From: Arun Raghupathy [mailto:araghu108@gmail.com]
Sent: Wednesday, February 7, 2018 2:01 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Hawthorne Terrace undergrounding
Dear Tiburon Town Council
We are writing you to express our strong support for the Hawthorne Terrace undergrounding project.
We are the residents and homeowners of 30 Delmar Drive. We have lived here since 2013. In this relatively short five
year span,we have enjoyed many positive aspects of living in Hawthorne Terrace. It is definitely a beautiful community
with an engaged and active population who are passionate about improving the neighborhood
We feel quite fortunate to live and work in this beautiful place, and understand that it takes substantial effort,
cooperation, and compromise to succeed in making positive change. We join our fellow neighbors who are in support of
this project with our view that the safety of our neighborhood and its citizens should paramount, and that investing in a
sustainable safe environment should be a primary concern. Of course there are additional benefits to undergrounding
that will impact property values and overall aesthetics. On the hall it makes a lot of sense to complete this ambitious
project, and very little sense not to proceed.
We should continue to exercise due diligence and prudence with regards to financial costs and this will be an ongoing
endeavor.We have confidence in the parties involved that these details will be worked out properly over time.
At this stage, we feel that it is very important to proceed with the project and vote YES.
The final results of this project have great potential to impact our neighborhood for many generations to come.We can
see by example how other neighborhoods have successfully navigated through such undergrounding work.
We implore the town Council and our neighbors to recognize these long-term benefits and take action. There is
absolutely no better time to pursue this project to completion.
With kind regards,
Arun Raghupathy
Sujoya Dey Raghupathy
}
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 3:55 PM
To: Lea Stefani
Subject: FW: Undergrounding support
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415) 435-7383
From:Jane Young [mailto_gdf]ane aol.com]
Sent: Wednesday, February 7, 2018 3:32 PM
To: Greg Chanis<gchanis@townoftiburon.orR>
Subject: Undergrounding support
Town Council,
It has been a long road for Hawthorne Terrace. We are incredibly excited to be at this point finally, and hopefully,the voters
will pull through with a YES vote.
Our neighborhood is unique in that we are a thoroughfare each day for hundreds of cars traveling to St. Hilary, BTC, Delmar
School and the Community Church.Just drive up Rock Hill one day and view the poles and how we as a town would be
impacted if there was a fire or storm and poles were down in our streets,Tiburon Boulevard or the bike path. I'm sure you've
seen enough photos of Santa Rosa and Montecito to visualize this yourself.
We hope you realize how important it is to make a positive change and put these poles underground. In case you need a
reminder, below is the Tiburon Town Policy adopted in 1994 on Undergrounding Utilities.
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."
Thanks for your support during this process!
Jane and Donald Young
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 3:55 PM
To: Lea Stefan i
Subject: FW: Hawthorne Terrace Underground Project
Greg Chanis, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
-----Original Message-----
From: Jeff Tung [mailto:jc tung128@yahoo.com)
Sent: Wednesday, February 7, 2018 3:34 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Hawthorne Terrace Underground Project
Dear Tiburon Town Council,
We write to you again regarding the undergrounding project in the Hawthorne Terrance neighborhood that you will be
discussing and perhaps vote upon this evening. We will be not be available to attend tonight's meeting but we want to
register our vigorous support for this project.
We reiterate the safety aspects of the removal of the overhead power lines as witnessed by their contribution to several
deadly and tragic fires throughout California last year, as well as the most recent blockage of roads by power lines
preventing first responders from accessing certain parts of southern California during recent flooding and landslides.
This, combined with the improved aesthetics of the neighborhood not only benefit it, but the entire Town as well.
Thank you for your consideration.
Sincerely,
Jeffrey and Jessie Tung
150 Rock Hill Road
Tiburon, CA 94920
Lea Stefani
From: Greg Chanis
Sent: Wednesday, February 07, 2018 4:00 PM
To: Lea Stefani
Subject: FW: Utility Undergrounding
Greg Chanis, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
-----Original Message-----
From: Alex Mast [mailto:alexander mast@comcast.netj
Sent: Wednesday, February 7, 2018 3:59 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Utility Undergrounding
To whom it may concern,
Alex and Allison Mast have lived at 9 Palmer Court since 2003. We have been involved with evaluating the under-
grounding for our neighborhood at Palmer Court as well as the surrounding neighborhoods within our district. We would
like to record our support of the currently planned under-grounding, and emphasize the importance to our
neighborhood as well as Tiburon as a whole from a safety standpoint. Beyond safety concerns, under-grounding these
utility poles provides a long overdue improvement to the aesthetics and views which our community are known for.
please support this important initiative.
Alex and Allison Mast
9 Palmer Court,TIBURON,CA 94920
TONS,
M- -,
WHEREAS, on September 27, 2017, an elderly Tiburon resident
reported that her home had been burglarized and valuables, including
jewelry and her laptop, had been taken.
WHEREAS, Detective Russel Stiverson immediately saw similarities to
another Tiburon case wherein a home was burglarized around the time
of an unexpected visit from a former caregiver previously employed by
the victims. Using a variety of investigative techniques and making
skillful use of technology while working closely with Sergeant Shane
Ford, Detective Stiverson methodically built a case implicating the
former caregiver and soon associated him with burglaries in other Bay
area communities. Their investigation led to the issuance of search
warrants which revealed key evidence and resulted in the arrest and
subsequent charging of the suspect on multiple counts and the recovery
of many items of stolen property.
NOW THEREFORE, I, JIM FRASER as Mayor of the Town of
Tiburon, and on behalf of the Town Council and the community,
commend Sergeant Shane Ford and Detective Russel Stiverson for their
professionalism, dedication to duty and exceptional service to the Town
of Tiburon and its residents.
Yt
I
JI RASER, MAYOR
T WN OF TIBURON