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HomeMy WebLinkAboutTC Agenda 2019-05-01 i - TOWN OF Z IBURON Tiburon Town Council Tiburon Town 1--fall y Ma 1 2019 s ! _ 1505 Tiburon Boulevard Special Meeting-6:30 P.M. Tiburon, CA 94920 Regular Meeting- 7:30 P.M. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING-6:30 P.M. CALL TO ORDER AND ROLL CALL_ C.ouncilmember Fraser,Councilmember Thier, Councihnembei-\-Vclner,Vice Mayor Fredericks,Mayor 1:ulik CLOSED SESSION 1. Public Employee Performance Review: Government Code Sectio» 5-4957 Title:Town Manager ADJOURNMENT- to re,oular-in eetin� REGULAR MEETING - 7:30 P.M. CALL TO ORDER AND ROLL CALL Councillnelnbcr Fraser, Councilmcmbcr Thier, CoLu7C11111embcr\\,'eh ci-.Vicc \'layor Fredericks, Mayor K ulik ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS ('ersons wishing to address the To\vn Council on subjccts not on the agci da may do so at this time. ['lease note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action Evill be rcfcrred to the appr,)priatc Commission,Board, Committee or staff for consideration or placed on a future Tmvii Council meeting Agenda. Please limit your comments to three (3)minutes. PRESENTATIONS • Recognition of Town Services -Linda Emberson,Design Review Board • Introduction of New Town Employees-Kris Bernard, Community Development Aide 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. 27 Main Street Conditional Use Permit-Adopt Resolution CC-2. Recommendation to Accept the March 2019 Investment Summary ACTION ITEMS AI-1. Downtown Banners - Request by Chamber of Commerce to hang banners on toNvn oxvned. light poles AI-2. Library Expansion Project- Update on various Conditions of Approval related to project. Provide direction to staff regarding 2 conditions AI-3. Fiscal Year 2019-20 Capital Improvement Program Overview PUBLIC HEARINGS PH-1. Manager Minor Contract Signature Authority Ordinance - Consider amendments to Section 3A.3(a) of the Tiburon ?vlumcipal Code 3A.10-Introdtiictiol and first reading of ordinance TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council\A1'cc1-ly Digests—April 19&26, 2019 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 4S hours prior to the meeting vAll enable the Town to make reasonable arrangements to crsure 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, «�«�v.townoftiburon.or�. 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 Council Meeting TOWN OF TIBURON May 1, 2019 1505 Tiburon Boulevard Agenda Item: CC - 1 Tiburon. CA 94920 To: Mayor and Members of the Town Council From: Community Development Department Subject: 27 Main Street: Appeal of Conditional Use Permit approval to Provide Outdoor Live Music on an Existing Deck for an Existing Restaurant (Sam's Anchor Cafe); Main Street Tiburon, LLC, Owner; Steve and Meryl Wisenbaker, Appellants; File Nos. CUP2018-008; Assessor Parcel No. 059-151-35 Reviewed By: .. Greg Chanis, Town Manager Benjamin Stock. Town Attorney SUMMARY On April 'l 7, 2019,the Town Council paftiallygranted a» appeal of the Planning Commission's decision on the project at 27`Main Street. This item is consideration of a Resolution niemorializiiig that decision: RECOMMENDED ACTION(S) 1. Adopt the Resolution as part of the Consent Calendar. ` BACKGROUND On April 17, 20199 the Town Council held a public hearing on an appeal of the Planning Commission's decision on this application. On January 23. 2019. the Planning Commission approved a Conditional Use Permit application for live outdoor music on an eXisting decl: for an eX1StH1k1 i"eSLauianL Omm s P11-1ciivi k-aic). After closing the public hearing. the Town Council voted -0 to direct staff' to prepare a resolution partially granting the appeal for consideration of adoption at the next meeting. That resolution now comes before the Town Council for adoption. The draft resolution is attached as Exhibit 1. One letter has been received as of the writing of this report. ANALYSIS No further analysis provided. TOWN OF TIBURON PAGE 1 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council adopt this Resolution (Exhibit 1), as part of the Consent Calendar. Exhibit: 1. Draft Resolution partially granting the appeal 2. Email dated April 19, 2019 from Justin Flake, Manager of Waters Edge Hotel Prepared by: Kyra O'Malley, Associate Planner TO®v'\ 01 T � f2f)� 'i-IB( EXHIBIT RESOLUTION NO. DRAFT- 2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL FILED BY THE WISENBAKERS OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO PROVIDE OUTDOOR LIVE MUSIC ON THE EXTERIOR DECK OF AN EXISTING RESTAURANT (SAM'S ANCHOR CAFE) LOCATED AT 27 MAIN STREET (ASSESSOR PARCEL NO. 059-151-35) WHEREAS, oil January 237 2019. the Planning Commission held a duly noticed public hearing to consider a conditional use permit application (File No: CUP2018-008) filed by Main Street Tiburon, LLC (`Applicant') for the approval to provide outdoor live music on an exterior deck of an existing restaurant at 27 Main Street. The application consists of the application form and supplemental materials received November 19, 2018, and the official record for this project. The record includes. without limitation, staff reports, minutes, application materials, appeal materials, correspondence., and all comments and materials received at any public hearings. WHEREAS, at that hearing, certain residents on Belvedere Island and on Main Sheet opposed the application and raised concerns regarding noise impacts from the outdoor music on the existing deck. At the conclusion of the public hearing, the Planning Commission determined that the subject conditional use permit was consistent with the relevant General Plan goals and polices. along with the Tiburon Zoning Ordinance Section 16-52.040 [D] regarding findings for approval of conditional use permits. The Commission determined that this application was acceptable use for the downtown area and would be consistent with Downtown Policy, DT-3. which states that the "Town shall actively promote economic vitality of it Downtown," Noise Goal. N-A. which states, "to ensure that residential areas are quiet and that noise levels in public and commercial area remain within acceptable limits," and with Land Use Policy. LU-23 that states "the Town shall support a diversity of commercial uses to serve the shopping and service needs of the communaN." WHEREAS. following the public hearing. the Planning Commission adopted Resolution No. 2019-02 that approved the project with conditions, including adding language to Condition 7 that states "This conditional use permit shall be reviewed by the Planning, Commission at a public hearing in approximately 180 days from the date of the final approval period. The Planning Commission following the public hearing, shall have the authority to add or modify conditions of approval or revoke the permit if deemed warranted or determine if a sound study shall be required.'- WHEREAS. in approving the application. the Planning Commission found that the project is exempt from farther review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the following reasons: TIBURON TOWN COUNCIL RESOLUTION NO. DRAF"I-2019 05/1/2019 1 Project is exempt from CEQA pursuant to the same Class 1 categorical exemptions. and that no exceptions to the exemptions apply. A Notice of Exemption to that effect was filed by the Town on January 28. 2019. Class 1 Categorical Exemption (CEQA Guidelines§ 15301 —Existing Facilities) The existing restaurant currently provides indoor music and this application would consist of formally limiting live outdoor music on an existing deck for an existing restaurant. No modifications/alterations to the existing structure. Categorical Exemption Exceptions (CEQA Guidelines § 15300.2) Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no evidence that the Project will result in any adverse environmental impacts and the Project does not involve any unusual circumstances. Although the project site is on the Tiburon's Local Historic Inventor of Buildings in Downtown, no physical changes to the existing building are proposed with this application. As such, the historic character of the building would be maintained. Indeed. the proposed project would not significantly impact any environmental resource. In addition, there is no evidence that any significant cumulative impacts would occur. WHEREAS. on February 4, 2019, Meryl and Steve Wisenbakers ("Appellants") filed a timely appeal of the Planning Commission's approval on the merits to the Town Council, and did not raise the issue or challenge the approval based on the compliance with CEQA, and the Notice of Exemption filed by the Town on January 28, 2019 is final; and WHEREAS, on April 17, 2019, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered regarding the application and the Planning Commission's review and decision on the application. At the conclusion of the public hearing, the Town Council voted 5-0 to direct staff to prepare and return with a draft resolution for consideration of adoption at the next meeting. The draft resolution would partially grant the appeal by adding certain conditions of approval to the project. WHEREAS. the Town Council finds that the project is exempt from further review under CEQA pursuant to Section 15301 of the CEQA Guidelines for the salve reasons found by the Planning Commission. The Down Council directs staff to file a Notice of Exemption to that effect. NOW. THEREFORE BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of the Appellants by imposing the following conditions of approval as set forth on attached Exhibit `A'-. hereby fully incorporated and made a part of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on May 1. 2019 by the following Note: hIBURON 'I_0 C'Ol�NCIL R1SOLUh10N NO. IBIZA} 1_-2019 0 /1/2019 AYES: NAYS: ABSENT: DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TIBURON TOWN COUNCIL RLSOLU'IlON NO. DRAFT-2019 0 /1/2019 3 EXHIBIT "A" CONDITIONS OF APPROVAL 27 MAIN STREET; FILE 9CUP2018-008 The use shall operate in substantial conformance with the Use and Management Information document, on file with the Town of Tiburon and available for public in File #CUP2018-008. Any substantial modification of the approved use, as determined in the reasonable discretion of the Director of Community Development, shall require an amendment to this use permit. 2. The approved hours for outdoor live music shall be limited to a maximum of 45 hours per week during the following time periods: ■ Friday through Saturday: 11:30 a.m. to 9 p.m. ■ Sunday through Thursday: 11:30 am. to 8 p.m. 3. The use is approved for on-sale serving and consumption of beer, wine and spirits. 4. No outside display of merchandise or advertising is permitted other than posting of the restaurant menu and parking location and parking validation information required by this use permit. 5. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge, with defense counsel subject to the Town's approval. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third-party challenge. 6. The Town reserves the right to amend or revoke this Conditional Use Permit for cause_ in accordance with adopted regulations of the Town. 7. This conditional use permit shall be reviewed by the Planning Commission at a public hearing in approximately 180 days from the date of final approval. The Planning Commission shall hold an additional public hearing six (6) months thereafter to review the conditional use permit. At each review_ the Planning Commission. following the public hearing, shall either (1) make findings that the uses authorized pursuant to the conditional use permit have not resulted in nuisance conditions- and have not created health, safety and welfare risks. or (2) make findings that the uses authorized pursuant to the conditional use permit have resulted in nuisance conditions and/or have created health. safety or welfare risks. Where the Planning Commission finds the latter, the Planning Commission may add or modify conditions of approval or may revoke the conditional use permit which shall then become null and void. "1113[ RON, TOWN COUNCIL R1 SOL,UTION NO.DRAFT-2010 05/1/2019 4 8. The Planning Division staff shall maintain a log of complaints and report the outcome on a monthly basis to the Town Council. 9. This Conditional Use Permit approval shall become null and void if the approved use has not commenced within one (1) year of final approval, unless an extension is approved. END TIM)RON TOWN COUNCIL RESOLUTION NO. DRAI=N-2019 05/1/2019 EXHIBIT From: song Kwon Sent: Monday, April 22, 2019 8:05 AM To: Kyra O'Malley Subject: FW: Sam's Permit Application Attachments: Waters Edge This Morningjpg FYI Sincerely, Sung H. Kwon, MCRP MBA.AICP Director of Community Development Town of Tiburon I Community Development Department 1505 Tiburon Blvd. I Tiburon, CA 94920 (415)435-7393 ( sl won townoftiburon.org From:Justin Make<iflake @marinhotels.com> Seat: Friday,April 19, 2019 1131 AM To Greg Chanis<gchanis@townoftiburon.org>;Jim Fraser<JSFraserl@comcast.net>;Sung Kwon <skwon@townoftiburon.org>; Alice Fredericks<afredericks@townoftiburon.org>;Jon 'Welner <jwelner@townoftiburon.org> Cc: laleh—zelinsky@comcast.net; Poalo Petrone (paolo@hotelhealdsburg.com)<paolo@hotelheaidsburg.com>; Domenico Petrone<rnico1010@comcast.net>; 'Ramon Zambra no'<ramonzambrano@pacbell.net>; patience moore (patiencemoore@gmaii.com) <patiencemoore@gmail.com>; claudeperasso@yahoo.com Subject: FW:Sam's Permit Application Dear Council Members, Mr. Kwon, and Mr. Chanis, Zelinsky Properties and Marin Hotels (Waters Edge, [dill Valley Inn, and Acqua Hotel) vehemently oppose the conditional permit granted for amplified music, at Sam's. Please let me explain our seeming about face: When Connor originally approached me, I was not told that it would be amplified, and I didn't ask. I just didn't assume, and I should have asked. I didn't envision the need for amplification. I !^�, r! i"r- band, ram t rr rti r� s^s!n i n 'F ,^t n i'w n rt r n n f�-:n rp�+.r t r r+- r k; ! gave r�i a my-support x r r r n s� $ $n envisioned at—, acoustic i,J C7nd, on life CJCI.£C, pllayIng to the pC7tlrons 01-1 the, ldel.k. 3 Ut£.l ef, VYI£7£e l gave h m Iti}( -support o play what I thought was acoustic music until 8p and 9p, respectively, I never asked the start time, because he said they were trying to attract a bigger dinner crowd. I thought it was for dinner, only. Stupid me for not asking, but I did riot think they were applying for a permit to play it all dray. ,Jur relationship has been tenuous with Sam's, over the years, and we wanted to be accommodating, if we could be, with the new owners, and start off on the right foot which is why we didn't immediately oppose any live music plans, at all. I only found out about the fact that the music was amplified, recently, when I asked Connor, after experiencing the noise impact of their current construction project and starting to feel concerned for the summer. I slid not know about the appeal that happened, on Wednesday night, until I saw the Ark,yesterdCay. If had known, I would have attended, and said these things, in person. I understand the council was under the assumption that Dater Edge supporter)this. This is true, only in the mistaken iteration that I had assumed, most definitely not in the actual one. 1 | annvery surprised that this isbeing allowed. What are vvedoing??This could bedisastrous for the character ofthe town, Tiburon is what it is; has the cache that it has, first and foremost, because of its location and ambience. You can't get that anywhere. It's rare, and it's our main draw. The ocean views and the ne|exed vibe that accompany the views are what draw people here. What you can get anywhere islive music and drinks. One ofour main selling points, as we've talked about, in our Destination Tiburon meetings, many times, is our ambiance and perceived tranquility; our "off the grid"feel. This decision goes counter to the image we are trying to build and the people we are marketing to. Amplified music, in the heart of our town's commercial space, is going to do it harm. This isgoing toseverely hurt our business, inparticular. Disappointed guests will check out (maybe eady),demand refunds, not return, and go online to talk about it. We've seen this in the past even with relatively, infrequent events, onSam's deck. While our self-interested concerns are obvious, what about the larger picture? VVeformed aboard to dram/overnight guests to Tiburon. We work herd to get them here. One easy thing we can do is to NOT make them never come back to town, because they can't get a hotel, on the water, without noisy interruption. Trip Advisor and other social media can dogreat things and can also destroy abusiness. VVewill lose somany guests, because of this. A hotel guest patronizes the shops and stores and eats at several restaurants,while they are in town, and then goes back home and reviews their experience online. Maybe a restaurant guest comes from outside of Tiburon, maybe lingers for alittle while intown, after, and goes home. Which ismore beneficial bothe local economy? While we don't have to choose and | DO wish for Sam's to succeed,why are we going to let itharm other business and residents, inthe process? Why can't Sam'sjust rely on its food, service, and views? If these are done right, live music is totally unnecessary... I read that the permit is conditional and that there will be a hearing in six months. That issolong for usand has the potential todosomuch harm,|nthe meantime. That's the whole summer. It's the busiest time ofyear,for us. When I first spoke to Connor, he said that if this is a problem for us(which I thought it might be,even as only acoustic), that hewould work with us. |twas ebig leap offaith 10offer that support. / nolonger trust that issues will be ameliorated out ofneighborly good will. Asyou know, Sam's has been under construction for the last several weeks. / only found out because we have an employee who also works there, and he told us, before it started. | called Connor about it,expressed concern at the noise impact, and he asked me hVvv he could help. | said that the only thing that would help is that if theydidn't start making noie until 9an. He said he would see to it. This never happened, after I told him, several times, that noise was happening, prior to 9am. Each time hesaid hewould talk tothe GC, and each time, nothing changed. I realize that it was a big ask, and there wasnt much I could do except rely on Connor's good will, but atleast |thought I cou|d rely on the town ordinance. | couldn't. The crews regularly started, prior to 7 am; as early as 6:00 am, at times. Our guests literally look out over Sam's deck. They were awoken by this, regularly, in a month where it is already a typically slow one, and is hard to get people to Tiburon, especially when the weather is not good. |twas extremely disruptive and not incompliance with the town's rules. |nfact,just this morning, one ofthe crew members, nnthe deck, hamessed himself to one of our guest's private balconies, on our building, to paint their outdoor bar, while our guest was inher room, inher pajamas, around 7:3Oam. She thought someone was trying toclimb into her room. Not only was this extremely inappropriate, it was o liability for us. Please see attached pic. |nconclusion, please, reconsider this decision. Isthere any process bywhich this can bedone? |tisindirect conflict to the interests of the hotel, the town (TOT will be affected) and to 1[ourism, in general, in Tiburon. Thank you and please let me know if you have any quest/ons. Justin Flake 2 Justin Flake General Manager Marin Hotels—Acqua, Mill Malley Inn,Waters Edge (415) 388-9285 www.marinhotels.com From: Junin Flake Sent. Wednesday, December 19, 2018 2:17 PM To; 'skwon@townoffiiburon.org' Cc: Conor Flaherty (co ncur.flaherty@preserve partners,com) Subject: Sam's Permit Application Hi Sung, Just wanted to voice our support for Collin's live music permit. We are okay with it ending at Bpm on Weekdays and 9pm;on Weekends, We still have concerns but hope and trust that we can work with Collin directly, if it is causing a disturbance for us. Thanks, Justin Justin Flake General Manager Marin Hotels--Acqua, Mill Valley Inn,Waters Edge (415) 388-9285 www.marinhotels.com 3 Town Council Meeting ' TOWN OF TIBURON May 1, 2019 1505 Tiburon Boulevard Agenda Item: CC - 2 Tiburon, CA 94920 a ti D1 3 . To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the March 2019 Investment Summary Reviewed By: Greg Chanis, Town ManagerBenjamin Stock.Town Attorne SUMMARY Staff provides the Town Council a monthly report on the Town's investment activity. This report its for the month ended March 31,2019.' RECOMMENDED ACTIONS) 1. Staff recommends that the Town Council: Move to accept the Investment Summary for March 2019 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended February 28, 2019. ANALYSIS March 2019 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $22,061,019.21 2.436'%, Liquid Fund (LAIF) Total Ending Balance $21,911,019.21 The total invested at the end of the prior month was $22.061.019.21. therefore. the Towns investments decreased by $150,000.00 over March 2019. Interest for the first quarter of calendar year 2019 is $138,001.52. Attached as Exhibit 1 to this report is the Towns Public Agency Retirement Services March 2019 Statement for its Section 115 Irrevocable Trusts for Other Post-Employment Benefits and Pension. TOWN OF TI BURON PAGE 1 OF 2 FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing— safety, liquidity and yield in this respective order. ENVIRONMENTAL REVIEW Staff has preliminarily determined that acceptance of this investment summary is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for March 2019 Exhibit(s): 1. PARS Section l 15 Trust Account activity for March 2019 Prepared By: Suzanne Sweitzer, Director of Administrative Services TOWN (31=T1B1:RON 1".AGE 2 nF 2 PUBLIC AGENCY EXHIBIT NO RETIREMENT SERVICES PARS TOWN OF TIB URON RECEIVEL, Account Report for the Period PARS Post-Employment Benefits Trust 3/1/2019 to 3/31/2019 Greg Chanis APR 18 2019 Town Manager Town of Tiburon - WN MANAGERSOFFIGL 1505 Tiburon Blvd. TOWN OF TIBIJR�� Tiburon,CA 94920 Account Summary Beginning Balance as Ending of Balance as of Source 3/1/2019 Contributions Earnings Expenses Distributions Transfers 3/31/2019 OPEB $2,245,255.37 $0.00 $30,328.33 $467.76 $0.00 $0.00 $2,275,115.94 PENSION $1,275,255.50 $0.00 $19,635.16 $265.68 $0.00 $0.00 $1,294,624.98 Totals $3,520,510.87 $0.00 $49,963.49 $733.44 $0.00 $0.00 $3,569,740.92 Investment Selection Source OPEB Balanced Index PLUS PENSION Moderately Conservative Index PLUS Investment Objective Source The dual goals of the Balanced Strategy are growth of principal and income.While dividend and interest income are an important component of OPEB the objective's total return,it is expected that capital appreciation will comprise a larger portion of the total return.The portfolio will be allocated between equity and fixed income investments. PENSION The dual goals of the Moderately Conservative Strategy are current income and moderate capital appreciation.The major portion of the assets is committed to income-producing securities.Market fluctuations should be expected. Investment Return Annualized Return Source 1-Month 3-Ivlonths 1-rear 3-rears 5-Years 10-Years Plan's inception Date OPEB 1.35% 9.14% 4.97% - - - 9/15/2016 PENSION 1.54% 5.90% - - - - 7/10/2018 Information as provided by US Bank,Trustee for PARS; Not FDIC Insured;No Bank Guarantee; May Lose Value Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees,which could reduce returns. Information is deemed reliable but may be subject to change. Investment Return:Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Account balances are inclusive of Trust Administration.Trustee and Investment Management fees Headquarters-4350 Von Karman Ave.,Suite 100,Newport Beach,CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org Town Council Meetinh) TOWN OF TIBURON May L 2019 1505 Tiburon Boulevard Agenda Item: AI-1 �. Tiburon. CA 94920 Z3 a 11,14 D1 To: Mayor and Members of the Town Council From: Administration Department Subject: Recommendation to consider request by Chamber of Commerce to hang banners on Town owned light poles Reviewed By: � N/A Greg Chanis, Town Manager Benjamin Stock, Town Attorney SUMMARY The Cltarnber of Cornnleree{COC) is 7-equesting to have multiple banners hung on the town's light poles, aloha the'length of Tiburon Blvd. during a time period of approximately May-October. RECOMMENDED ACTION(S) 1. Consider a3proving request by COC to hang banners on town light poles. BACKGROUND The decorative light poles installed in downtown Tiburon. from the intersection of Tiburon Boulevard and Mar West, and continuing onto Paradise Drive along the waterfront, are designed to have banners installed on them. The poles installed in the center of the road accept banners on both sides, while the poles installed on either the left or right sides of the road accept one banner. To date, the only banners that have been installed on the poles are as follows: 1. Traffic Safety Banners from Street Smarts Marin (SSM) — early May through July. List of location and types 2. Holiday Banners —mid-November through December. The banners from SSM have been installed annually from 2009. Exhibit I includes graphics frons the SSM program (pages 1-2) and a list of the banner messages and pole locations (page 3). SSM is planning to install the banners for 2019 in the coming weeks. DeAnn Biss, Executive Director of the COC. has requested to present to Council a proposal to hang banners sponsored by the COC throughout town on beth median and single poles along the side of Tiburon Blvd. Ms. Biss is here this evening to make a presentation to Council and answer any questions and provided the following summary inform,ition for staff to include in this report. In addition, the COC has provided the graphics for the proposed banners, attached as Exhibit 2. ToNvN OF TIBURON PAGE 1 OF 3 • The date range is May to October • Each banner is double sided and measures 47 '/4" long by 20" wide-per standard holiday banner specs • Chamber to incur cost to make all banners • Chamber requests the Town of Tiburon hang and remove banners at an estimated cost (per Public Works) of$1000 for hanging and $1,000 for removal • Estimate 20-30 poles down Tiburon Blvd. • Chamber Banner designs will be interspersed down Tiburon Blvd. ANALYSIS The dates proposed by the COC for the banners to be hung partially conflict with the traditional dates for the SSM banners, and although the SSM banners only utilize 8 poles out of a possible 25-30 locations, staff believes it would diminish the effectiveness of both groups of banners if they were hung simultaneously. However, if directed by Council, staff would work with all parties to develop a mutually agreed on schedule for banner placement. FINANCIAL IMPACT If Council supports the proposal and directs Staff to proceed, the estimated cost to the Town is $2000 (for installation and removal of banners). ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Co11 1der apN�"oval of regt:est to -)U(ANA/ (_OC t' ha��g bal�nel's on to 11 poles the 1P;i�,tl; �f Tiburon Blvd. Exhibit(s): 1. Traffic Safety Banners 2. Chamber-of Commerce proposed banners - graphics Prepared By: Greg Chanis. ToNvn ManaL)er Tow"N' O "IBI RON PAG u— 2 o' 3 s 0 r r* u €ter z - a r 6 i Speoding: They Thank you for Slowing Down. f Get Smart Slow Down. ,� ,V# Children Gossin&Please Slow Down.7-7 T,"`e`u, Rightofway^ Let Pedestrians Cross.Then Take Your Turn, ' .�� 3� .," e Add Years to Your Life Use the Crosswalk. { x "WON s. i It's Calved a Crosswalk,Not a Ctossavherever. vtM ..• "" I1 �, • St Smart$ Bicycling Spandex Isn't Minor Exercise Caution. 1 � Share the Rules Share the Road. ! d !Same Road,Same Rules. 3 aawo....:..+....� t N ` vises; TOWN OF CORTE MADERA 10 xs s 1 ,t CITY,OF LARKSPUJR e p r. Street Smarts a ...........:. # # Smarts treet street Smarts streetsmartsmarin.org I ..... CITY OF MILL VALLEY {' a N Legend € C.j city Until MARINMAP.DBO.SCHOOL VIOLATION TYPE r f = Speed Right-of-Way Violations lPodestrrans c� ;,, ' $_ _ � _ ,y f �, N "mom Stop Sign&Traffic Signal Violations fff -'�itt�'tjt `rwomb Bicycle Violations/Cyclist SafoK °'' - 4 �'y< S3➢ lir �uR Winston,Distracted Driving Road Function Class d ` � Hwy/tnt.State ear Principal Arterial E' •—^�Urban CoNectcr s LccalColiector Local Streets S r� � � a.✓ s al K 'f' x `3 � �,s �y�'cT.,.a u�r��'��M"t'�;��r� �'�v�`' „� ➢ � s� ,x-r r3' G � 1 ��'� 4f 4 `s'`�'�rr �� `�s'pgo syr. s f - ' pg a NEN �g$� YOUR UREN � s,may � a r �pP Street Smarts Street Smarts Street Smarts Stre etSmarts PA a H n-org StreetSmarts€ ari n.org Street € its rin or Tran,3portat:on Authority of Mann y Transportabun Autlionty of Marin Transportation Authonty of Marin 1 i MORE MO WE xT` `lz xys J��r :r - ><? ! -ria v.'.xL �'e GySr� #,� ay,<� a' y-�.,2~+.'" ALLEU N ry a , PANDER It 1 T K ;�,(.c� :. f E T'S A RT 2 I .: CRUSaW —PR" E � sf3 „:�1a' "aa `` NorACRoss-�� y ., ✓sqa 5 4 �'t� � � ytt all Street Smarts Street Smarts Street Smarts str€;etsmartsMarin.org Transportation Authority of Marin streetsmartsMar[n'Org Transportation Authority ofMartn StrcctS artsMatin.Org TransportationAutitorityofMiWn r � Location Message Pole Notes Number Mar West to Beach(near Mar West) Just Drive 186T In front of Bayside Nursery Mar West to Beach Same Road Same Rules 189T In front of Wells Fargo Bank Mar West to Main Let Pedestrians Cross Then Take Your Turn 1094ST Single lamp post at turn around Beach to Mar West Get Smart Please Slow Down 1085T Adjacent to Bank of America Beach to Mar West Thank You For Slowing Down 187T In between Chase Bank and Town Hall at Main Street Tiburon Supports Street Smarts Drive Walk Bike Smart 1093ST Double lamp pole at the turn around Main to 1900 block of Paradise Drive Spandex Isn't Armor Exercise Caution 2054T In front of Donahue Building Main to past Donahue Building Thank You For Slowing Down 2055T South of the Donahue Building towards the Caprice Restaura 4 z H �. �.. : : , � � � iii, z.p, g �..� xa' ...�F u� ,,,,��f �`' ��; v,• r : i� i �� y� , .S �/� ���,h wy�kik�,����e N1 Ti, I�A 0 An PT AW S�u a ^�w,�� t �� �` i t m- ee <45 srgaw} }� f i"�:y�a•�,^`'S' Sawa$ �. �.�' '�' � Vb it '�, �. ... .. .. ss�.��C..;:�,�'cS..,wlZt t•�....,,+i.a�����,�•{.�xr;su,,,,r'n,�..� /1 s s ::.°of Yr`°`�i ��:' b r. "��• iY ! • r 3,;y{ .fes f 4ir� �'T �,t c�zyr�a i`'42�� Sill El it I P-w a 1i r Fs ys , {e i �f � � r ate, � >ti�.;•z� de>�"{i y`�z. a �> r r f f;. X53 4`t f✓`'-'�'; �1 X. TOWN OF TIBURON Town Council 'lecting �t Mav 1 1505 Tiburon Boulevard 2019 r Z iburon, CA 94920 Agenda Item: REPORTSTAFF I To: Mayor and Members of the Town Council hrorn: Community Development Department Subject: Update regarding Conditions of Approval approvals for the Belvedere- Tiburon Public Library Expansion Project. i Reviewed By: s Greg Chanis, Town Manager Benjamin Stock Town Attorney SUMMARY` Council is receiving an update on th.e I ibrary's satisfaction of certain conditi,oias of approval for the Library Expansion'Project,and pr©vidi>�g direction. RECOIYIMENDED ACTIQN(S) Staff reeornmends the Town Council receive Staff 12eport'and,;take public comment deliberate and consider the item and provide directitin to;saff"regarding the item requests. BACKGROUND The Belvedere/Tiburon Library Agency (BTLA) has been planning a library expansion project (Project) of their existing facility since 2006, with Town Council taking several actions related to the Project in the ensuing years, including the following: • On July 5, 2007, Town Council approved an 'Agreement To Convey Real Property" (Exhibit i). vTiiderp this ugreernerit, v�vieii the BTLA iiieetS Certarri Ll Ll 1111A 1 ovvn agreed to convey a parcel of land necessary for the project to hove forward. The 2007 agreement was amended and extended in 2012 (Exhibit 2) and extended again in 2017 (Exhibit 3). • On November 2, 2011, Town Council adopted Resolution 55-2011 (Exhibit 4), which authorized several amendments to the Town's General Plan and included several conditions that would need to be fulfilled or incorporated into the final approval process for the Project. • On August 1, 2012, Town Council adopted Resolution No. 26-2012 (Exhibit 5), which approved the Site plan and Architectural Drawings for the Project. In addition to incorporating the conditions of approval frorn the 2011 Resolution, this Resolution included Z a number of new conditions of approval. On April 19, 2017, Town Council approved a 5- vear extension to this Resolution. • On AugList 15, 2018, The BTLA proposed a 6,000 square foot redLiction in floor area of the previously-approved Project. resulting in a building of'20.500 square feet. At the August 5 meeting. Town Council adopted Resolution No. 35-2018 (Exhibit 6) approving the revised design. The B-PLA submitted a bLrilding permit application fol- the Project on March 13, 2019. and after the plana were reviewed for compliance with the design approval, they were sent to the Towns outside elan check contractor 4-Leaf for a Building Code review. The first review by 4-Leaf was completed on April 18 and BTLA is currently working on revisions to the plans in response to the comments provided by 4-Leaf. Once these revisions are complete, the plans will be resubmitted to 4-Leaf f0i- the second round of review. In addition to this plan check., staff has reviewed the conditions of approval for the Project included in the Resolutions noted above, and determined the BTLA has, or will comply with the vast majority of the conditions. However; staff has identified five conditions to discuss with Council in more detail. For three of these five, the purpose is to simply keep Council up to date on progress made towards meeting the condition, while for the other two, we are asking Council to provide staff specific direction. Items included for Update Purposes The three conditions included for update purposes only are as follows; • Conveyance of Real Property • Reciprocal Access, Use and Maintenance Agreement • Parking Space Requirements Conveyance of Real Property The relevant language comes from the 2012 First Amendment to the 2007 Agreement To Convey Real Property (Exhibit 3), and reads as follows; 1. Agreement to Convey the Property: On the teems set forth beloil), Town will convey title to the Property to BTLA for the sole purpose ofpublic library use asset.forth herein. For purposes of this Agreement, 'public library use"shall include accessory parking, landscaping, lighting improvements, and any other improvements or uses shown on Project plans approved by the Town. A. When BTLA has satisfactory evidence of szfficient.funds for completion of the Project 1'117 the fir m of °arch 0/- i! cash P"7.1i»,'rlflnt ci�Ch as i?��lr°ket�ihle hnv�ilc or p�ij7i�1y traded ct(�C'k 1 or a guaranteed financial commitment rom an institution, or a combination thereof it it�dl so notify the Toren in ivriting. B. Within sixty (00) days of receiving said notice, Toren shall convey title to the Proper-t_y to BTLA. The deed of'conveyance shall contain the conditions and restrictions set,/ooh in this Agreement. Staff Comment Staff has discussed this condition with BILA representatives and we understand within the next 2 weeks; the BTLA will provide in writing the required information as described in Section 1A above. Once the information is received_ and it is determined the information provided satisfies the requirement, staff will initiate the steps necessary to convey the property. Reciprocal Access/Use and Maintenance The relevant language comes from Resolution No. 26-20)12 (Exhibit 5), and reads as follows; Resolution 26-2012 Condition 2. Prior to issuance of a building permit. the Library Agency and Town of Tiburon shall enter into an agreement regarding reciprocal access and use rights in the parking lot, maintenance of shared facilities and grounds, and ant- other natters deemed necessary or appropriate by the Town Attorney. Staff Comment Staff has been working with BTLA representatives on drafting an agreement to satisfy this condition. The agreement defines the `cor,imon' area the two entities will share use and access of, with Exhibit 7 depicting the proposed area. In addition, the agreement provides a protocol for the two entities to share in the cost of maintenance, insurance, utilities and repairs. Staff does not foresee any complications in finalizing the a0 regiment language and anticipates completing, and bringing to Council for approval,the final agreement in a timely manner. Requirement to Provide Off-Site Parkina, Spaces The relevant language for this item comes from the certified EIR (as amended in the July 2018 Addendum to Library Expansion Project FFIR) TRANS-6 (Addendum to Library Expansion FEIR July 2018) The applicant will ensure the availability of at least 33 off-site parking spaces for the Library and Town Hall use through the following actions: Public Parking Spaces: 1. Create a minimum of four (4) nei,i- parking spaces along Tiburon Boulevard and/or Mar West Street; AND 2. Place.a 2-hour time limit on the eight (8) currently un-timed spaces nearby on Mar West Street; AND/OR 3. Collaborate with the oivner of one or more nearby pay-parking lots to establish an arrangement, subject to acceptance by the Toivn of Tiburon, i4;hich would allow short-tern parking in some of all of the spaces in the lot or lots,for potential use y Library and/or Town Hall users. Employee Parking Spaces: 1. Continue the existing lease arrangcnrent 1+11h the oit!ner of the parking lot at 1525 Tiburon Boulevard for-parking passes for 7'01i;n hall and Library Agency employees; OR 2. Collaborate with the owners of the parking lot at 1 j2� Tiburon Boulevard to enter into a long-term lease for parking spaces ire that lot, OR to provide for a partial "decking"of the existing lot to create additional parking sp(tces,- AND11OR 3. Secure Toivn approval to reserve 12-1 parking spaces in the Toii)n-owned Beach Road tennis court parking lot at the intersection of Beach Road and jIllor-sh Road for Toivn Hall and Library employees; AND/OR 4. Adopt a parking permit program that i�i)ou/d linut parking on some or all of the nineteen (19) parking spaces on Ilar'' West Street that are nearest to the Library to permit holders ...... .. .....__ during the hours the Tovi!n Hull and Library and open. Permits would then be issued solely to Toi,vn Hall and Lstaff Other L Create additional on-street parking along Mar West Street in the vicinity of the Library) if feasible. 2. Coordinate major evenls occurring at the Library and Town Fall in order to redoce the potential for overlapping events. I Fslablish agreements ivlth nearby parking lot owners (e.g. Boardwalk Shopping Center; Tiburon Peninsula Club, etc.) to provide occasional overfloiv parking,for unusualhy large or overlapping events. Staff Comment Staff has been working with the owners of the parking lot at 1525 'Tiburon Boulevard on an agreement related to management of the lot. We anticipate bringing this agreement to Council for consideration at a future Council meeting. A key provision of the agreement is to modify the current `all day I pricing structure for use of the lot to allow short term parking at a lower cost. Staff is confident this agreement, and if necessary, utilizing a combination of several of the other options listed above, the requirement for ensuring the availability of the required parking spaces will be satisfied. Items requiring Council Direction The two items for which staff is seeking direction from Council are as follows • Tiburon Boulevard/Mar West Intersection • No parking Zone/Handicap parking Tiburon Boulevard/Mar West Street Intersection The relevant language comes from Resolution No. 55-2011, and reads as follows; Resolution _55-2011 Condition 5. Prior to issuance of a building permit, the Town and Library Agency sholl agree upon, and the Library Agency shall pay to the Town, a reasonable monetary contribulion loil"ard cgn�l ?Hnmhi{> and iinte iiir / CIPy ;, hdg ihlr,st�tllat;o�? n{ rotary/traf f c circle, at the Tiburon BoulevardliVar West .Street intersection. Staff Comment The certified Environmental Impact Report prepared for the Project anticipates the intersection of Tiburon Boulevard and Mar West St, which is largely in Caltrans Right of Way, will eventually need to be modified to accommodate increased traffic volume, a portion of which would be attributable to the Project. In 2016, preliminary concept plans were completed for a couple of roundabout configurations to show these could fit in the exiting right-of-way. The design \'vas not carried beyond this point and staff. does not anticipate any changes to the intersection in the near to Mid-term. As a result, defining the scope and estimated cost of any future project at this point is problematic. as is determining what a reasonable contribution from the BTILA would be. _......... .............._ .... ....._ ._ .._ ...... ._....... . ...._. ..... .. .........._...._............................... __ FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW An environmental impact report (EIR) for the library expansion project was certified by the Town Council on October 51 2011. Town staff reviewed the proposed scaled-back project with respect to environmental impacts associated with the originally-approved project, and determined that an addendum (July 2018) to the certified FIR was appropriate under provisions of the California Envlronl11elltal Quality Act (CEQA). CEQA Guidelines section 15164 states that an addendum should be prepared when none of the conditions triggering a subsequent FIR or supplemental EIR has occurred. CEQA Guidelines section 15162 advises that a subsequent or supplemental EIR should be prepared when substantial changes to the project require major revisions to the FIR because of new significant environmental effects, a substantial increase in the severity of previously-identified effects, or when new information of substantial importance has been introduced. The reduced-scale project that is currently proposed would not result in new significant environmental effects or a substantial increase in the severity of previously-identified effects for the approved project. Nor has new information of a substantial nature been introduced that would materially alter the conclusions of the FIR. As noted in Resolution 35-2018, the Town Council considered an Addendum (July 2018) that identified one mitigation measure (TRANS-6) that warrants revision due to the significant scaling back of the project, in order to improve clarity, and to reflect changes in ownership of adjoining property since EIR certification. The original mitigation measure had required the applicant to ensure the availability of at least 53 off-site parking spaces for use by Library and Town Hall complex users; that number would be reduced to 33 spaces based on the reduced project size and the ratio of anticipated vehicles per 1,000 square feet of library proposed to be added. RECOMMENDATION Staf f reconiiiiends that the Town Council: I. Receive the staff report and ask any clarifying questions. 2. Provide for any public comment. 3. Provide direction to staff as follows: a. Tiburon Boulevard/Mar West Street Intersection: Request that staff negotiate a reasonable amount of contribution from the BTLA for the future traffic improvements prior to issuance of the building permit as currently required under Condition 5; or request staff to notice a potential amendment of this condition for a futUrC Council meeting. ............................................................ ___ The Town Council has essentially two options to consider in addressing this issue. First, the Council could provide direction to staff to work with the BTLA to determine costs for any potential capacity improvements, and estimating the "reasonable monetary contribution" from BTLA for those improvements as required by the condition. This negotiation would need to be completed prior to the issuance of the building permit. Second, the Council could direct staff to move forward with an amendment to this condition of approval to provide either alternative timing for satisfying the condition, or waiving the condition. If Council chooses to proceed with this option, staff will provide the requisite statutory notice for amending the condition, and bring the matter back to Council at a subsequent Council meeting. No parking zone and handicap parking along Tiburon Blvd in front of Town Hall/Library The relevant language for this item comes from 2 separate conditions which are related, and reads as follows: Resolution 55-2011 Condition 6. Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may, in its sole discretion, choose to establish a `'no parking zone" along Tiburon Boulevard, approximately 40.feet in length, in this area. Resolution 55-2011 Condition 8. A minimum of two (2) handicap-accessible parking spaces shall be installed along the Tiburon Boulevard frontage of the project to off-set the lass of such spaces in close proximity to the Town Hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza. levels that may be necessary to accommodate -wheelchairs. Staff Comment The BTLA is proposing one handicap parking space, one handicap drop-off space, and two curb bulb outs in front of the Library/Town Hall. This would result in the removal of two regular parking spaces on Tiburon Blvd in front of Town Hall. The Building Official noted that a handicap drop- off is required by the building code. Additionally, staff believes the proposed design of one handiccan nq1+1nc7 cnnrP and one handican dron off narking Cna(`P would cati Q A 1 Cnndit;nn Q kt7 r r�.._...� r....,., r r .�b Jt,u.,., .,u...t Jut1J1) providing two handicap accessible parking spaces. J With the proposed design_ staff believes that a"No Parking Zone"is not necessary,nor is it required of the project as proposed. The proposed bulb outs are a common traffic calming design that improves the aesthetics of sidewalk and essentially act as no parking zones. One of the bulb outs is necessary to maintain a storm drain inlet. The other bulb out is necessary to maintain an existing streetlight. Staff would like to confirm that Council has no objections to the proposed design and that the Council sees no need for any additional "No Parking Zone" areas in front of the Library/Town Hall Plaza. ..... __. h. No Parking Zone/Handicap Parkin: Provide direction to staff that the Town will not require a no parkin zone along Tiburon Boulevard,and that the proposed design addresses the required handicap parking. Exhibit(s)- 1. 2007 Library agreement to convey Real property. 2. First \mendment(20 121') to 2007 Library Agreement 3. Second Amendment(20 17) to 2007 Library Agreement 4. 2011 library resolution 5. 2012 Library Resolution 6. 2018 Library Revision Resolution 7. Draft Reciprocal Use Agreement 8. Site Plan-Handicap Parking Prepared by: Sung H. K"on, Director of'Community Development A V, 1111111 Jill 11111 E1111 11111111 Recorded i REC, Official Records i RECORDING REQUESTED BY County of I AND WHEN RECORDED MAIL TO: Marin I ,BCW, C. THAYER f Assessor-Recorder I Town of Tiburon is Town Clerk 02:22PM 20-Ju1-2007 I Page I of 10 1505 Tiburon Blvd. Tiburon, California 94920 EXHIBIT NO. APN: 058-171-62 (portion) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) AGREEMENT TO CONVEY REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into this 64Lday of 2007* by and between the TOIAN OF TIBURON, a municipal corporation ("Town")a4nie BELVEDERE-TIBURON LIBRARY AGENCY,a joint powers agency("BTLA"). RECITALS: A. Town is the owner of certain real property situated in the Town of Tiburon located generally at 1503 Tiburon.Boulevard,more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard, adjacent to the Property. The Library is very popular and demand for its use exceeds its current size and capacity. CBLTA 117*S h� -Is to expand f I-,r r€ lc T Lib.apy and is in the prcess, of desiping a physical expansion ("Project") and fundraising for its construction. BLTA has requested that the Town contribute the Property for the Project. The Town Council finds that such use is for the co lemon benefit and is willing to convey the Property to BTLA subject to the tern-is and c-1-onditions of this Agreement. AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES HEREBY AGREE AS FOLLOWS: EXHIBIT NO. 1. reement to Convey the Pi Ao -opert-y: Town will convey title to the Property to g BTLA for the sole purpose of public library use as set forth herein. For purposes of this Aareernent, "public library use" shall include accessory parking, landscaping and lighting improvements.A. When BTLA h I as completed the design and raised sufficient funds, or commitment of funds, to complete construction of the Project, it will so notify the Town in writing. B. Within sixty (60) days of receiving said notice, Town will convey title to the Property to BLTA. The deed of conveyance will contain the conditions and restrictions set forth in this Agreement. C. In the event that BLTA has not completed the design and fundraising for the Project and provided the Town with the notice specified within six (6) years of the date of this Agreement, this Agreement shall terminate and be of no further force and effect. D. Development of the Property is subject to all. normally applicable Town laws and regulations, except as may be waived or modified by ordinance of the Town Council. Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. E. BLTA may elect not to proceed with the transaction and project contemplated by this Agreement by providing Town with written notice of termination of this Agreement 9 and executing in writing a recordable release of its interest in &_ the Property. In the.event that the BLTA elects to terminate after close of escrow, BLTA shall restore the Property to a condition equal to or better than its condition prior to its conveyance to the Town. 2. Reverter: The Town shall have a right of reverter, causing title to the Property to revert back to the Town, upon the occurrence of any of the following events: A. Failure of BTLA to begin construction of the Project within six (6) years of the date of the conveyance of the Property. B. Failure of BTLA to diligently pursue and complete construction of the Project after construction has begun. C. Failure to continuously use the Property for public library use , after completing g construction. Notwithstanding the foregoing, the property will not It) revert to the Town for any interruption in public library use caused by tire, earthquake or other event beyond the control of BLTA, provided that BTLA acts promptly and diligently to reinstate public library use and provided that public library use is reinstated within two (2) years of the date of interruption. D. Dissolution of BLTA. E. Transfer of the Property to any other entity or agency without the Town's prior written permission, F. A finding by a court of law that the Property has been used in any way that has violated applicable legal restrictions on its use. Upon the occmTence of any of the listed events, Town may exercise its right of reverter in its sole discretion. by providing written notice thereof to BLTA. 2 3. Indernnitv: BLTA will indemnify, defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including f defense 1_ g costs o , settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement; (11) the transfer of the Property pursuant to this Agreement; and (iii) the use of the Property, 4. Condition of Property: BLTA understands that the Property may have been.part of the Southern Pacific (or predecessor cessor companies) rail yard. Town makes no representation or warranty as to the condition of the surface or the subsurface of the Property. BLTA is solely responsible to conduct an investigation of the Property as it deems necessary prior to transfer of title to confirm that the Property does not contain any hazardous materials that may affect BTLA's ability to use the Property as contemplated. As of the close of escrow, BLTA will acquire the Property in its " as is where is" condition with all faults and conditions then existilic, on the Property, including any hazardous substances or materials that may be located on, under or around the property whether known or unknown. BLTA shall hold Town harmless and indemnify Town from and assume all duties, responsibility and liability for all duties, responsibilities, and liability (for payment of penalties, losses, costs, or damages) and for responding to any action, notice, claim, order, litigation or other proceeding that in any way relates to: a) failure to comply with any environmental or industrial hygiene law, regulation., standard, policy or guideline, or imposing standards of liability or conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by Seller; and b) any envirormi.ental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by Seller. 5. Town Use of BTLA Space: Following completion of the Project, BLTA shall give the Town priority over other non-Library users in the use of meeting 'spaces in the Library facility, and shall provide such spaces at no cost to the Town. 6. Covenants Run With the Land: All of the provisiorls, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise} and assiTas, devisees, administrators, representatives, lessees, and all other persons acquil-Irig the Property, or any portion thereof, or any interest therein, whether by operation of Laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, All of the provisions of this Agreemei-t shall constitute covenants running with the land pursuant to applicable law. 7. Recordation: All parties shall execute this Agreement with appropriate attestatlo�is so that the Agreement may be recorded with the County Recorder of the County of Darin, State of California. Upon full execution of this Agreement, the Town shall cause this Agreement to be recorded in the official records of the County of Marin, State of California. 3 8. GovernhgLaw; Venue: The laws of the State of California shall -govern all questions with respect to this Agreement and the rights and liabilities of the parties hereto. The County of Marin shall be the venue for resolving any dispute that arises under this Agreement. 1111�1 9. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 10. Entire Agreement.- This Agreement contains the entire Agreement of the parties hereto concerning the subject matter herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. 11. Additional Documents: The parties hereto agree to execute any and, all additional documents and instruments necessary to carry out the terms of this Agreement. 12. Notice: Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail. in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: BTLA: Library Director Belvedere-Tiburon Library 1501 Tiburon Boulevard Tiburon, California 94920 Town: Town.Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been eff6etively served or delivered at the expiration of five (5) days following the deposit 01 said notice or other document in the United States mail. 13. Assil4nment: Neither party shall assign this Agreement, nor any interest herein, wAhout prior written consent of the other party. 14. Appraisals and Administrative Costs: BTLA shall pay for all reasonable costs necessary to con-iplete the transfer and/or termination of property interests specified in this Agreement, including, without limitation, the costs of any title reports, transfer taxes., appraisals and administrative hearings necessary to complete the transactions. 4 15. Modifications and Amendments: This Agreement may be modified or amended only by a written instrument signed by bath parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of then, as appear below. s 4 l Margaret A. Oirran Its: Ch a i a.n 6 -tYe B6-z r Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Ann R. Danfb th, By: j Town Attorney BILA Co sel 5 EXHIBIT A LEGAL DESCRIPTION — LIBRARY PARCEL ALL THAT REAL PROPERTY situated in the Town of Tiburon, County of Marin, State of California being the westerly 16,000 square feet of that certain 4.57-acre parcel of land, owned by the Town of Tiburon, commonly referred to as Zelinsky Park, and being identified as Parcel 10 of that certain Record Map of "Point Tiburon", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4, having the Serial Number 84-8031, in the Records of said County, said westerly 16,000 square foot portion being more particularly described as follows: Commencing at the most westerly comer of said Parcel IQ, said point being on the westerly right-of-gray line of the 70-foot wide Mar West Street, as said street and corner are shown on said Map of Point Tiburon, thence along the southerly line of said Parcel 10, South 650 47'32" East, 75.76 feet to the Point of Beginning of, and most westerly corner of said 16,000 square-foot Library Parcel; thence continuing along said southerly line, South 65' 47'32" East, 164.95 feet; thence departing said southerly line at a right angle, North 24" 12'28" East, 115.00 feet; thence, North 620 37'13" West, 72.72 feet to an angle point in the northerly line of said Parcel 10, as said angle point is shown on said Map; thence, along said northerly line, North 70' 03'13" West, 32.43 feet to a point on the easterly right- of-way line of said Mar West Street, said point being a point of non-tangent intersection with a curve and having a Radial Bearing of South 34' 40'13" West; thence in a southwesterly direction, 131.24 feet along the Arc of said circular curve to the left, having a Radius of 965.00 feet, a Central Angle of 7' 47'33" and a Long Chord which bears, South 51' 26'00" West, 13`1.14 feet to the Point of Beginning, and containing 0.37 acres, or 16,000 Square Feet, more or less. Page 1 of 3 Quiet River Land Services, Inc. Legal.Description—Exhibit A—Town of Tiburon Library=Parcel June 7,2007 End of Description This description together with Exhibit B — Plat of Parcel Library Parol, being attached hereto and made a part hereof. SOS, KEVIN m.McGUIRE Ex I,,(a .0 No 6437 OF A Kevin M. McGuire CA PLS #6437 Date Page 2 of 3 ALL-PURPOSE ACKNOWLEDGMENT State of California County of SS. On before me, (DDI E) (NOTA R Y) personally appeared ID-1-personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an.d that by his/her/their signatures(s) on the instrument the person(s), DW*CRANE LW_CXn co"Irribobon 0 1551"a or the entity upon behalf of which the Wfty Mft-caromia person(s) acted, executed the instrument. Morin couno My Corrim"pka Feb 12, WITNESS my han,"nd off" r, I sea]. ,Namrs sj(;uA-rURL: OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this icknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ I IVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tf FLDS) ❑ PARTNER(S) ?� ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT OrFHER- OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER APA 5/99 VALLEY-SIERRA. 800-362-3360 LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t I'll County of Onbefore me, Date ./Name an�Title of Officer(d.g.,'Jane Doe,Notary PU '� V� 4 � ' personally appeared - Narrie(s)of Signer(s) "personally known to me E, (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that MARY V11:1 LA he/she/they executed the same in his/her/their authorized commission # 1714652 capacity(ies), and that by his/her/their signature(s) on the Notate Public-Colifornio instrument the person(s), or the entity upon behalf of Mcoffin Cour" which the person(s) acted, executed the instrument. WITNESS my hand and official seal. J Place Notary Seal Above Sign�thre of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persbhs relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ument Title or Type of Document: mc,"N-c- Lk L-6 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed,by/ igner Signer's Name: /lq'tz Signer's Name: D Individual D. Individual 0 Corporate Officer Title(s): 0 Corporate Officer Title(s): 0. Partner—0 Limited E, General 0 Partner—F-1 Limited 0 General 0 Attorney in Fact 11 Attorney in Fact Trustee Top of thumb here 0 Trustee Top of thumb here El Guardian or Conservator El Guardian or Conservator EJ Other: 0 Other: Signer Is Representing:---- Signer Is Representing: C 2006 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY Recorded L ' cL Officio? Records I AND WHEN RECORDED MAIL TO: C 13 U n''y Of aria RICHARD N1. BEINSO*N Town of Tiburon County Clerk I Town Clerk _ 1 a 1505 Tiburon Blvd, "o2:13,111 14-Dec-'2012 1 Pae I of 7 Tiburon, California 94920 EXHIBIT NO. APS': 058-171-62 (portion) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) AMENDMENT TO AGREEMENT TO CONVEY REAL PROPERTY THIS AMENDMENT TO AN AGREEMENT TO CONVEY REAL PROPERTY ("Amendment") is entered into this day of De(eX2012, by and between the TOWN OF TIBURON, a municipal corporation ("Town") and the BELVEDERE-TIBURON LIBRARY AGENCY, ajoint powers authority("BTLA"). RECITALS: A. Town is the owner of certain real property situated in the Town of Tiburon located ,generally at 1503 Tiburon Boulevard,more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"). B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard, adjacent to the Property. The Library is very popular and demand for its use exceeds its current size and capacity. C. BTLA wishes to expand the Library and has designed a physical expansion ("Project"), wl-dch has been approved by the Town.. BTLA's supporting foundation has also begun fUndraising for Project construction. BTLA requested that the Town contribute the Property for the Project, D. On July 5, 2007, the Town and BTLA entered into an Agreement to Convey Real Property ("Agreement") that provided for the Town to convey the Property to BTLA after the latter had raised sufficient funds to construct the Project. The Agreerricilt was recorded on Jutv 20) 1997 as Serial Number 2007-0044703 of Marin County 01111cial Records. The Agreement further provided that if BTLA had not raised the funds needed for the Project within six years, the Agreement would terininate and be of no further force and effect. The six-year period will expire on July 5, 2013. E. The parties have agreed to amend the Agreement to extend its term and to add the additional modifications set forth herein. EXHIBIT NO. Page 1 of 3 AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE COVENANTS AND CONDITIONS SET FOIZTH BELOW, ]'HE PARTIES HEREBY AGREE AS FOLLOWS: A. Section I of the Agreement is hereby replaced with the following new Section 1 : 1. Aueement to Convey the Properly: On the terms set forth below, Town will convey title to the Property to BTLA for the sole purpose Of public library use as set forth herein. For purposes of this Agreement, "Public library use" shall include accessory parking, landscaping, lighting improvements, and any other improvements or uses shown on Project plans approved by the Town. A. When BTLA has satisfactory evidence of sufficient funds for completion of the Project in the form of cash, or a cash equivalent such as marketable bonds, or publically trade stock, or a guaranteed financial commitment from all institution, or a combination thereof, it will so notify the Town in writing. B. Within sixty (60) days of receiving said notice, Town shall convey title to the Property to BTLA. The deed of conveyance shall contain the conditions and restrictions set forth in this Agreement. C. The term of this Amendment shall be five (5) years from the approval of the Project site plans and architectural review, which occurred on August 1,2012, thereby making the expiration date of this Amendment August 1, 2017. Z�l D. Development of the Property is Subject to all normally applicable Town laws and regulations, except as may be waived or modified by ordinance of the Town Council. Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. E. BTLA may elect not to proceed with the transaction and project contemplated by this Agreement by providing Town with written notice of termination of this Agreement and executing in writing a recordable release of its interest in the Property. In the event that the BTLA elects to terminate after conveyance of the property from the Town, but before completing construction of the Project, BTLA shall restore the Property, if the Town so requests, to a condition equal to or better than its conn ditionrinr to its conveyance to the Town. B. Section 3 of the Agreement is hereby replaced with the following new Section 3: 3 Indemnily; No Recourse Against Member Agencies. A. BTLA will indemnify., defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a, result of or in connection Page 2 of 3 1:1 with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement; (11) the transfer of the Property pursuant to this Agreement; and (Iii) the use of the Property. B. Any contract between BTLA and a third party for the design, construction or operation of the Project shall contain the following exculpatory clause: The BTLA was organized as a Joint Powers Authority by a 1995 Joint Powers Agreement in accordance with California Government Code Section 6500 et seq. for the PLII-POSe of creating and operating the Belvedere=Tiburon Library, with all necessary powers and authority conferred upon it as are provided to municipal libraries under Education Code Section 18900 et seq., and all other powers necessary to operate and maintain a library as set forth in the Joint Powers Agreement. The BTLA is a public entity separate from its constituent members, the parties to the 1995 joint Powers Agreement, and shall be solely responsible for all debts, obligations and liabilities accruing and arising out of this Agreement, (insert name of third partyl shall have no rights and shall not make any claims, demands, take any actions or assert any remedies against any of the BTLA's constituent members in connection with this Agreement. C. Except as expressly modified by this Ainendinent, the Agreement bemeen the Town and BTLA shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: BTLA: X, By: B -Margaret A.Curran Its: Town Manager APPROVED AS TO FORM: APPROVED AS TO FOR-M: Rk�rre_q By: - e'� Ann R, Danforth, Town Attorney BTLA CouAsel Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION — LIBRARY PARCEL ALL THAT REAL PROPERTY situated in the Town of Tiburon, County of Marin, State of California being the westerly 16,000 square feet of that certain 4.57-acre parcel of land, owned by the Town of Tiburon, commonly referred to as Zelinsky Park, and being identified as Parcel 10 of that certain Record Map of"Point Tiburon", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4, having the Serial Number 84-8031, in the Records of said County, said westerly 16,000 square foot portion being more particularly described as follows: Commencing at the most westerly corner of said Parcel 10, said point being on the westerly right-of-way line of the 70-foot wide Mar West Street, as said street and comer are shown on said Map of Point Tiburon, thence along the southerly line of said Parcel 10, South 650 4732" East, 75.76 feet to the Point of Beginning of, and most westerly corner of said 16,000 square-foot Library Parcel; thence continuing along said southerly line, South 65' 47'32" East, 164,95 feet; thence departing said southerly line at a right angle, North 240 12'28" East, 115.00 feet; thence, North 62' 37'13" West, 72.72 feet to an angle point in the northerly line of said Parcel 10, as said angle point is shown on said Map; thence, along said northerly line, North 70" 03'13" West, 32.43 feet to a point on the easterly right- of-way line of said Mar West Street, said point being a point of non-tangent intersection with a curve and having a Radial Bearing of South 34' 40'13" West; thence in a southwesterly direction, 131 .24 feet along the Arc of said circular curve to the left, having a Radius of 965.00 feet, a Central Angle of 7' 47'33" and a Long Chord which bears, South 51' 26'00" West, 131.14 feet to the Point of Beginning, and containing 0.37 acres, or 16,000 Square Feet, more or less. Quiet River Land Semen,Inc. Legal Description—\h'bit A--Town of Tiburoll J--ibrar},Parcel End of Dcscripfian ANN c,-) r,EvIN m.McGUI[RL Elea L N 43 643 O3 r C N\_ Kevin M. McGuire CA PLS #6437 Date i CALIFORNIA ALL-PURPOSE ACKNOWLEDGM ENT K State of California County of 4- 1Nz',1T,"q2 141� On before me, Date I Here Insert Name and)ilie of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the 70'5D�IAA�N LE�C�R�A INI E�IA C 0�Pl instrument the person(s), or the entity upon behalf of Commission 0 18AQW5513 C lit which the person(s) acted, executed the instrument. Notary PUbliC-C31ifOrA13 Marin Col jn y Marin Count- t m.,Comm.Fluires M r 15. 0 1 certify under PENALTY OF PERJURY under the laws IN 2 13 Mv CommEgaires WIN 15.2013 V of the State of California that the foregoing paragraph is true and correct. WITNESS my hand I al Signature Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ment Title or Type of Document.- Document Date: Number of Pages: -----------r— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Z`Irj ,l Signer's Name. Signer's Name: J Individual 0 Individual o itle j- �porate Officer—T (s - r-X E Corporate Officer Title(s): r -,C� ', 0 Partner­- Limited 0 General El Partner—0, Limited El General 0 Attorney in Fact E Attorney in Fact Top of thumb here ToP o thumb here EJ Trustee D Trustee El Guardian or Conservator � Guardian or Conservator El Other: Other: Signer Is Represnflngl Signer is Representing: 4 02007 National Noiar.�Association- De Soto Ave.,PO.Box 2402-Chatv.,arlh,CA 91313-2402-,,-,,,,,.v,hlatiDnaliN'otaty.o{g liem 05907 Reorder:Call Toll-Free 1-800-876-6627 CALF ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 ��:cc°'.�`G`�•:^t!:ct:.,�F`Z':<^C''„r,;t;C;``�'-'.C;�!:��`,C;4^.,C>�`:t�C:.t-'ry,K;f',:C;:`.:[ai;C;�'.< .=,C:C'.C:t�.L:C':C�'',i=ti�>6�=':�,"�''.C�t'�tC=:C`<`.C:ti^•..C"�'C`".aC:ti'3i':`C';.>C:�<'`.C;•^•�>E':C;<:.��^•.c>C�.��..":(C:C;`C°a'�`c:`�`�:C%C�:�%' Mate of California } County o } / On before me, 1A� �L 1C f ate Here Insert Name and Title of the Officer ` O 1 personally appeared � ) - I — 12, `?' .62 tD - 0 Narne(s)oI Signer(s) '1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ' his/her/their signature(s) on the instrument the K. S1B Comrtgssion 0 1991802 person(s), or the entity upon behalf of which the ? bite-Californiapersons) acted, executed the instrument. trig County dy Comm.E res See 21.20169 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: { Place Notary Seal Above I Z S gnaiure of Notary Public OPTIONAL Though the information below is not required by fav,, it may prove valuable to persons relying on the document (,t= and could prevent fraudulent removal and reattachment of this farm document. Description of Attached Document P Title or Type of Document: Document Date. Number of Pages: f Signer(s) Other Than Named Above: ` r-, ityfi *ci {s°lairrfawri hastns *r( 1 !tt/xI 7`?''t1L ' ,3 Sign r s Name: '�( ' 1 f�=Y Signers Name: C. Corporate Officer — Title(s):_ _lit ? =j Corporate Officer -- Tifle(s):_ :s D Individual - _.. Individual - � Partner — i..._ Limited .. General op of tht.i mb here Partner-- ;..�Limited t _? General Top of trl mob t=are Attorney in Fact 'EAttorney in Fact `:-I Trustee i`Trustee Guardian or Conservator Tl Guardian or Conservator L Other: i -i Other: / - r Signer Is Representing:. t Signer Is Representing- ­17 e resentin9= 1 ; _.... C 20 O National Notary Association-NationalNotary.org°1-800-US NC)TArR-Y(1-800-S76-6827) liem#5907 EXHIBIT RECORDING REQUESTED BY AND WHEN RECORDED MALI... TO: Town of Tiburon Town Clerk 1505 Tiburon Blvd. Tiburon, California 94920 APN: 058-171-62 (portion) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 61.03 and 27383) SECOND AMENDMENT TO AGREEMENT TO CONVEY REAL PROPERTY THIS SECOND AMENDMENT TO AN AGREEMENT TO CONVEY REAL PROPERTY ("Second Amendment") is entered into this day of , 2017, by and between the TOWN OF TIBURON, a municipal corporation ("Town") and the BELVEDERE-TIBURON LIBRARY AGENCY,a joint powers authority ("BTLA"). RECITALS: A. On July 5, 2007, the Town and BTLA entered into an Agreement to Convey Real Property ("2007 Agreement") that provided for the Town to convey the Property to BTLA after the latter had raised sufficient funds to construct the Project. Jhhe Agreement was recorded on July 20, 2007 as Serial Number 2007-0044703 of Marin County Official Records. B. On December 5, 2012, the Town and BTLA entered into an Amendment (20 121 Aiiie n�iiiieiit) tki tl:e -,1,JI AgreP11._ lit that iiiodif eP,tain proc'.s.o.�s o{ fl�v. )�1��I Agreement and extended its terra by five (5) years to August 1, 2017. The 2012 Amendment was recorded on December 14, 2012 as Serial Number 2012-0078691 of- Marin County Official Records. C. The parties have now :greed to amend the 2012 Amendment to extend its terni for an additional five (5) years as set forth herein. AGREEMENT NOW THEREFORE BASE"D UPON THE FOREGOING RECITALS, fI-IIS PARTIE'S HEREBY AGREE AS FOLLOWS: ® g Second Amendment to.4greelnent Draft April 2017 -° A. Section I(C) of the 2012 Amendment is hereby replaced with the following new Section 1(C): C. The term of this Amendment shall be ten (10) years, making the expiration date August 1, 2022. B. Except as expressly modified by this Second Amendment, the 2007 Agreement between the Town and BILA, as amended by the 2012 Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: BTLA: By: _ By: ------ Greg -__Greg Chanis Its: Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Benjamin Stock, By: Town Attorney BTLA Counsel Page 2 of 2 EXHIBIT NO. RESOLUTION NO. 55-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING GENERAL PLAN AMENDMENTS ASSOCIATED WITH A PROPOSED EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY LOCATED AT 1501 TIBURON BOULEVARD The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon is in receipt of an application(File#GPA 2008- 02) for general plan amendments to modify the text of Policy OSC-20 of the Open Space and Conservation Element regarding setbacks from wetlands, and to re-designate certain lands on the Tiburon General Plan Land Use Diagram 2.2-1 as follows: 1. Approximately 16,250 square feet of land located north of and directly behind the existing BTLA property at 1501 Tiburon Boulevard and the Town Hall property at 1505 Tiburon Boulevard from Open Space to Public/Quasi-Public for the purposes of expanding the existing Library facility; and 2. Approximately 11,750 square feet of the existing Tiburon Town Hall parcel at 1505 Tiburon Boulevard from Neighborhood Commercial to Public/Quasi- Public to correct a prior mapping error; and WHEREAS, the Tiburon Planning Commission held a duly noticed public hearing on September 14, 2011, heard testimony from interested persons, and adopted Resolution No. 2011-15 making recommendations to the Town Council concerning the proposed general plan amendments; and WHEREAS, the Town Council held a duly noticed public hearing on October 5, 2011, at which testimony was received and considered from interested persons. The Town Council also received and considered the recommendations of the Planning Commission; and WHEREAS, the Town Council has previously by separate resolution certified an Environmental Impact Report for the Library expansion project, including the general plan amendments contemplated herein; and WHEREAS, the Town Council has previously by separate resolution adopted Findings of Fact pursuant to the California Environmental Quality Act and has adopted findings of overriding considerations to approve the project despite remaining significant environmental effects; and Tiburon Town Council Rc,.s.olution ;Vo. 55-2011 11/2/2011 1 H IT WHEREAS, the Town Council agrees with the Planning Commission's recommendation that the proposed amendment to Policy OSC-20 regarding a 100-foot buffer between wetlands and development is unnecessary,because the Council finds the following: 1. The policy is intended to be sufficiently flexible to permit a project that encroaches into the 100-foot setback, if the biological impact to the nearby wetland (Railroad Marsh) would be mitigated to a less-than-significant level. The Council agrees with the EIR that the proposed mitigation measures will mitigate the impact on the Railroad Marsh to a level of insignificance. 2. The project is consistent with Policy OSC-20 because the 100-foot setback specified in the Policy is not feasible at this location. A 100-foot setback line from the Marsh shoreline is depicted at p. 80 of the Final EIR, and demonstrates that approximately 30 of the 52 spaces depicted in the proposed parking lot would encroach into the 100-foot buffer. Furthermore, there would be insufficient space to create a workable circulation flow for the remaining parking spaces, resulting in the virtual elimination of on-site parking. Even if Town required the Library to reduce the size of the expansion, the Library could not significantly reduce the extent of the encroachment. Accordingly, neither the original project nor any of the"build" alternatives examined by the EIR would be feasible if the Town requires a 100-foot buffer. 3. The presence of a 15-foot wide utility easement directly behind the existing Library building, said easement holding the outfall pipe for the multiple-agency Sewerage Agency of Southern Marin (SASM), further limits other opportunities for structural expansion behind the Library building. WHEREAS, the Town Council finds that the proposed General Plan amendments are, on balance, consistent with the goals and objectives of the Tiburon General Plan, as set forth in the certified EIR for the project and the staff reports dated September 14, 2011 and October 5, 2011. Specifically, the Town Council finds that the public library use would serve a very broad segment of the Tiburon Peninsula's population and is reasonable justification for the necessary general plan amendments. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby arnend General Plan Diagram 2.2-1 (Land Use Diagram) to re- designate the approximately 16,250 square feet of land, as depicted on attached Exhibit "A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from OS (Open Space) to P (Public/Quasi-Public). BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-designate the approximately 11,750 square feet of land, as depicted on attached Exhibit"B", comprising a portion of Marin County Assessor Parcel 58-171-92, from NC (Neighborhood Commercial) to P (Public/Quasi-Public). Tiburon Town Council Resolution No. 55-2011 11/2/2011 2 BE IT FURTHER RESOLVED that the above amendments are approved for the purpose of constructing an expansion to the Belvedere-Tiburon Public Library facility, and that such expansion shall be subject to the following conditions, said conditions to be fulfilled as part of or incorporated into any approval of subsequent detailed site plan and architectural drawings for the library expansion project: 1) The conceptual expansion plans associated with these approvals are the drawings (14 sheets) dated October 5, 2011,prepared by EHDD Architecture, depicting the Refined Alternate D project. Said drawings, date-stamped "Received September 28, 2011 Planning Division" are available for review in the offices of the Town of Tiburon Community Development Department. The building design and architecture shown on said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of detailed site plan and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard. 2) A Native American monitor and a qualified archaeologist shall be present during construction grading and trenching. In the event that additional subsurface archaeological resources are encountered during the course of grading and/or excavation, all development shall temporarily cease in these areas until the Town's Planning Division is contacted and a qualified archaeologist properly assesses the resources and makes recommendations for their disposition. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire affected stones. Histone period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). Construction activities could continue in other areas. If any findings are determined to be significant by the archeologist, they shall be subject to scientific analysis; duration/disposition of archaeological specimens as agreed to by the Native American community, land owner, and the Town; and a report prepared according to current professional standards. The project sponsor shall bear all reasonable costs associated with such monitoring, assessment, and disposition of artifacts. Tiburon Town Council Resolution No. 51-2011 11/2/2011 3 3) If human remains are encountered, excavation or disturbance of the location shall be halted in the vicinity of the find, and the county coroner contacted. If the coroner determines the.remains are Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons believed to be most likely descended from the deceased Native American. The most likely descendent shall make recommendations regarding the treatment of the remains with appropriate dignity. 4) To secure an additional water entitlement, the project sponsor shall complete a Water Service Application and pay any required fees or the project sponsor shall transfer an unused entitlement from another site. 5) Prior to issuance of a building permit, the Town and Library Agency shall agree upon, and the Library Agency shall pay to the Town, a reasonable monetary contribution toward signalization or other safety and/or capacity improvements, including possible installation of a rotary/traffic circle, at the Tiburon Boulevard/Mar West Street intersection. 6) Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may, in its sole discretion, choose to establish a"no parking zone"along Tiburon Boulevard, approximately 40 feet in length, in this area. 7) The project sponsor shall absorb all reasonable costs for the relocation of the Landmarks Society's pictorial exhibit located near the intersection of Tiburon Boulevard and Mar West Street to another appropriate location, if feasible, to approximate the vantage point shown in the pictorial exhibit. 8) A minimum of two (2)handicap-accessible parking spaces shall be installed along the Tiburon Boulevard frontage of the project to off-set the loss of-such spaces in close proximity to the Town Hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza levels that may be necessary to accommodate wheelchairs. 9) Prior to issuance of a building permit, applicant will create or fund additional parking spaces that shall be available to Library and Town Hall visitors during business hours. This may be through a long-term parking agreement with other property owners; through the securing of a long-term agreement whereby short-term parking for public use will be available in the adjacent lot at 1525 Tiburon Boulevard; through the creation of new Tiburon Town Council Resolution No. 55-2011 11/2/2011 4 public parking spaces proximate to the project on nearby streets or elsewhere, or through other equivalent methods. The number of parking spaces to be created or funded shall be based on a ratio of one space per each 1,000 gross square feet of Library addition constructed. BE IT FURTI IER RESOLVED that the Town Council hereby adopts a Mitigation Monitoring Program (MMP) for the Library Expansion Project, said MMP being attached as Exhibit"C"hereto and incorporated herein. Said Library Expansion Project includes applications GPA 2008-02, R 2008-01, 30804, 40801 and all trailing and/or subsequent permits issued pursuant thereto and in reliance thereon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 2, 2011,by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMI= 4BERS: None r JEF I'S' 1 VITZ, M YO TOWN OF TIB ATTEST: L ,tet. DIANE CRANE4i1 COPI, TOWN CLERK Attachmcnts: Exhibits "A", "3", and "C" Tiburon Town Council Resolution No. 55-2011 11/2/2011 5 EXHIT I. e RESOLUTION NO. 26-2012 A RESOLUTION OF THE TOWN COUNCIL, OF THE TOWN OF TIBUR.ON APPROVING G SITE PLAN AND ARCHITECTURAL DRAWINGS FOR.THE BELVEDERE-TIBURON LIBRARY EXPANSION PROTECT ON PROPERTY AT 1501 AND 1505 TIBUR.ON BOULEVARD ASSESSOR PARCEL NOS. 058-171-92, 93, & 94 AND A PORTIO"OF 058-171-62 WHEREAS,the Belvedere-Tiburon Library Agency("Library Agency")has proposed to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building,which would increase the floor area of the building by 15,000 square feet to a total of 26,500 square feet (the"Project"), and WHEREAS, on.February 1, 2012 the Town Council adopted Ordinance No. 537 N.S. establishing review and decision-makiu.g procedures for this Project. The ordinance exempts the Project from provisions of the Zoning Ordinance but requires the Town Council to review the site plan and architectural drawings for the prof ect at a pubic meeting prior to any approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to reviow the site plan and architectural drawings for the Project; and WHEREAS, an environmental impact report was prepared for the Project and on 3 October 5, 2011 was certified as having been completed in compliance with the California Environmental Quality.Act and applicable local guidelines; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council found that the Project, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No, 537 N. S, and WHEREAS, the Town Council certified an environmental impact report for the Library Expansion project on October 5, 2011 and has determined that no additional environmental review is required for this trailing permit. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the site plan and architectural drawings for the Project, subject to the following conditions: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution 55-2011 are fizlly incorporated herein by reference, with the exception of Condition No. 1 of said Resolution, that condition having been determined by the Town Council to be satisfied in the design drawings approved herein. By request of the Town Council, the applicable parking-related conditions and mitigation Town Council Resolution Mo. 26-2012 Adopted August 1, 2012 1 measures adopted in Resolution No. 55-2011 are excerpted and attached as Exhibit C hereto for infon-national purposes. 2. Prior to issuance of a building permit, the Library Agency and Town of Tiburon shall enter into an agreement regarding reciprocal access and use rights in the parking lot; maintenance of shared facilities and grounds, and any other matters deemed necessary or appropriate by the Town Attorney. 3. The Project shall be in substantial conformance with the Site Plan,Floor 0J Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012),modified as follows: a. The Founder's Room portion of the proposed expansion shall be moved back from Tiburon Boulevard approximately two and one- half feet, as shown on Alternative I drawings presented to the Town Council on August 1, 2012 and dated"Revised August 1, 2012.77 b. The Tiburon Boulevard entry to the project shall be modified,to reduce a cluttered appearance arising from numerous other nearby doorways, and to enhance its prominence and visibility as a major public entrance to the building, as shown on Alternative I drawings presented to the Town Council on August 1, 2012 and dated"Revised August 1, 2012." C. The Teen Room portion of the expansion shall be revised as shown on Alternative I drawings presented to the Town Council on August 1, 2012 and dated"'Revised August 1, 2012," The above-referenced drawings, as modified herein, constitute the approved site plan and architectural drawings for the Proj cot. Said drawings are on file and available for public review at Tiburon Town Hall during regular business hours. Any future substantial modification to the approved drawings, as determined in the reasonable discretion of the Director of Community Development, shall receive Town Council approval. 4. The Project shall be in substantial conformance with the Site Plan,Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette(15 sheets, dated July 5, 2012), which constitute,the approved site plan and architectuial drawings for the Project. Said plans are on file and available for public review at Tiburon Town Hall during regular business hours. Any substantial modification to the plans, as determined in the reasonable discretion of the Director of Community Development, must receive Towr Council approval. 5. Prior to any work on the site, the Library Agency must apply for and the Town Building Official must review and issue any building permits required by law pursuant to an approved development application. Project Town Council Resolution No. 26-2012 Adopted August 1, -21,012 2 elements shown on building permit drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Town Council, as amended by this Resolution. The Library Agency is responsible for clearly identifying on building permit drawings any and all changes to project elements. Such changes must be clearly highlighted(with a"bubble"or "cloud") on the drawings. A list describing in detail all such changes shall be submitted and attached to the building permit drawings,with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional review prior to approval. Any such changes that have not been explicitly approved by the Town shall not be "deemed approved"if not highlighted and listed on building permit drawings. Construction of any such un-approved project elements is in violation of permit approvals and may be subject to Stop Work Orders and.removal. 6. A copy of the Planning Division's "Notice of Action7 including the attached"Conditions of Approval"for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 7. With submittal of the building pen-nit application, the Library Agency shall comply with the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code).Applicant shall submit to the Building Official for review and acceptance a Flood Elevation Certificate prepared consistent with current FENIA regulations demonstrating that the Library addition and the existing Library building lowest floor elevations are at or above 11 feet NTAVD of 1988 and would comply with the Town's Flood Damage Ordinance provisions. Alternatively, the Library Agency may submit an approved Letter of Map Amendment(LOMA) from FEMA indicating that the project is not located in the 100-year flood hazard zone. 8. A construction sip shall be posted on the site during construction of the Project, in a location plainly visible to the,public. The sign shall be 24" x 24" in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sip shall contain the following information:job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code;builder (company name, city, state, ZIP code); construction manager(name and phone number); and emergency contact (name and phone number reachable at all times). The sip shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 9. Prior to under-floor inspection) a certified survey of the structure foundation will be required. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as appropriate; and 3) elevations relative to mean sea level of the Town Council Resolution No. 26-2012 Adopted August 1, 2012 3 foundation walls and slabs. No additional progress inspections will be provided until the survey results have been verified. 10. Prior to the issuance of final building inspection sign-off or certificate of occupancy, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to final sign-off. 11. All exterior lighting fixtures must be downlight type fixtures.Reduced lighting along exterior walkways behind the Library shall be required. Final exterior lighting shall be subject to ministerial approval of the Planning Division prior to issuance of a building permit. Founder's Room windows facing Tiburon Boulevard shall be equipped with mechanical blackout blinds that shall close automatically within one hour following sunset whenever the Founder's Room is in use. 12. All skylights (if any) shall be bronzed or tinted in a non-reflective manner (minimum 25%) and no lights shall be placed in the wells. 13. The habitat fence between the project and Railroad Marsh shall be modified and shall loop back to the Marsh and effectively"close" as generally shown on annotated Sheet LLO,-attached as Exhibit A hereto. At least two controlled entry gates shall be installed 'in this fence in locations subject to the approval and control of the Town fax access and maintenance purposes. Proposed signage for the 3 foot high buffer fence between the project and Railroad Marsh shall be submitted with the building permit application and shall be shown on the drawings for review and approval. 14. The Library Agency shall pay the costs for all Town Hall sign relocation expenses as well as for any new Town Hall identification signs required as part of the parking lot relocation, 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent Main Strect Parking (MSP)Lot at 1.525 Tiburon Boulevard must receive approval from MSP for any improvements onto its property. No such sidewalk access shall cause any parking spaces in the MSP parking lot to be eliminated. 16. All signage (including relocated signage) associated with the project shall be subject to provisions of Chapter 16A of the Tiburon Municipal Code and shall receive Sign permit approvals from the Town as required. 17. The flagpole between Town Hall and the Library shall be relocated on the site to the satisfaction of the Town at the Library Agency sole expense. 18. A minimum of four (4) parking spaces in the new parking lot shall be designated for Town vehicles to the satisfaction of the Town. Town Council Resolution No. 26-2012 Adopted August 1, 2012 4 19. All requirements of the Town Engineer shall be met, including,but not limited to, the following, which shall be noted on building plan check plans: a. Prior to any work on the site, the Library Agency must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or Town street right-of-way. Said encroachment permit application shall include a detailed construction staging and project phasing plan (graphic and narrative) to ensure, among other things, continued public access and parking availability to Town Hall and Library users during all phases of project construction. b. The public right-of-way and Town-owned property shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. C. A roof shall be installed above the trash enclosure to prevent storm water and wind from penetrating dumpstors and possibly contaminating the dumpster contents and/or spilling onto the parking lot and street. An area drain shall be installed and connected to the sanitary sewer system. I The eight Laegerstromia trees proposed to be removed from the Zelinsky Park area shall be replanted within the reconfigured Zelinsky Park-where practicable. C. Consideration shall be given to reuse the existing bicycle racks around Town Hall instead of installing new racks. f. Site drainage plans shall be developed for review and approval by the Public Works Department prior to issuance of building permits for the prof ect. 20. The Project shall comply with all applicable requirements of the Tiburon Fire Protection District, . luding but not limited to the following: me'. a. An additional fire hydrant shall be installed on Tiburon Boulevard near the Pedestrian Plaza between Town Hall and the proposed expansion. b. The proposed parking lot is required to provide the required minimum fire apparatus access,with a minimum 20 feet in unobstructed width throughout the"U' shaped driving portion of the lot. The curve a�the rear of the parking lot shall have a minimum 20 foot inside radius. C' Properly illuminated pathways conforming to the requirements for exist egress shall be.required from all exists to the public way. Town Council Resolution No. 26-2012 Adopted August 1, 2012 5 d. The structure shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. C. The vegetation on this parcel shall comply with the requirements of the Tiburon Fire Protection District and the recommendations of Fire Safe Marin. 21. The Library Agency shall comply with all applicable requirements of the Marin Municipal Water District, including but not limited to those set forth in the letter dated June 20, 2012, attached as Exhibit B hereto. 22. The final landscape and irrigation plans for the project must comply with the current water efficient landscape requirements of MIVIWD and are subject to the following: a. The construction plans submitted to the Town for the issuance of a building pen-nit/grading permit must be pre- approved by MMWD with the submitted plans stamped as approved by MMD, b. The building permit application must be accompanied by a letter from NRV1WD approving the landscape and irrigation plans. C. If the N&TWD-approved plans substantially differ from the Town-approved plans, these differences may require additional review through the Town's design review permit process and/or a revision to the Town's permit. d. The Library Agency is responsible for contacting NBIW-D for all inspections, approval and sign-off on landscape and irrigation installation. Upon approval,NVq)VD shall issue a Certificate of Completion,which must be submitted to the Planning Division before building permit final sign-off or a Certificate of Occupancy is issued by the Tiburon Community Development Department. 23. The Library Agency shall obtain a permit from Sanitary District No. 5 and pay all applicable Pecs prior to connection of the, addition to the,sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards.The project sponsor shall comply with all other applicable requirements of Sanitary District No. 5. J Town Council Resolution No. 26-2012 Adopted August 1, 2012 6 24. All reasonable requirements of the Sewerage Agency of Southern Manin with respect to its sanitary sewer casement across the subject property shall be met. 25. Prior to issuance of a building permit, the Library Agency shall provide a copy of all Caltrans encroachment permits necessary to complete the portions of the project located within Tiburon Boulevard right-of-way. 26. If this approval is challenged by a third party, the Library Agency will be responsible for defending against this challenge. By acceptance and exercise of this approval, the Library Agency agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval,including,without limitations, any award of attorney's fees that might result from the third party challenge. .................. 27. ........... This approval shall be used within five years of the approval date,and .................... .......... shall become null and void unless:a building permit has been issued or an extension has been granted by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 1, 2012, by the following vote- AYES: COUNCILMEMBERS: Doyle, Fraser,Fredericks, O'Donnell NOES: COUNCILMEMBERS: Collins ABSENT: COUNCILMEMBERS: None JIMM)NOR 0 F I T r) BURON ATTEST: IW412 DLkN-E CRANE IA CPI, I—OWN CLERK Exhibits: Exhibit A: Drawing of Approved Realignment of Habitat Fence Exhibit B: Letter from Marin Municipal Water District dated 6/20/2012 Exhibit C: Excerpt of Parking-Related Conditions of Approval and Mitigation Measures from Town Council Resolution No. 55-2011 S:WininistralionlTown Coun cillReso lu ions 12012126-2012;Library Expansion Design Drawings Resolution.doc Town Council Resolution No. 26-2012 Adopted August 1, 2012 7 3 \..l- � d u �t � a A• �y�v �.-.�-•-�-••.••,+,'.--.,+±�� nw..x+s�w«*®uamwacczao .,dv','z;',` ta'°mulcaa.4.W�w1 �3+-!a wa r v s It a: aavn na alwutio. Mfc a'aa^sn°' aau«n. P1 . ara.ixrun.n •mua mww" rnr s•tuA�Na u<a waAaat ;? a.w.xsr uar^m,a r ra• TTdr+ 1 u ! ,b held wni..a>�wwNiroa+Nritrrr f:t7�, Arr<xszar37,a�.e�aaa•mrvcaa!. � �� tsmsiraas" e.+laaxiauxi to r1V�SQh1v t A wcaxr>a auavraa f• S M43ATr+aas=w- maria w i l dv wA Cr1 JX3hVT va-V Alt E3a�xrs raid aal.JXSu'd7dikA 37N .•�--•- Alla! Ilr 1 ti/f b1t13dClEri{irtt4Aib !� 4 baa •n.at j i�c u3utl s ,woatatauraa-"au s�xasvmrt-nwa,w.cu �� '......."'. r+vr6fil OaIl..sl nuGl a4 '•"'-+.•-t l`. .3'l .t +"u z.^"',� ".�'.-�....,—. �3' ..... A3XSLL`1Fl3RJCtideGb7AN3 { -...f ! i„� �,�aY'�l�'�• � °tid �. _._.�... sxs.�,rr�`,,••, '.a�3 .i;,:r �;"�7a" r, tt !. :.o..ane ria. :w9 '•^.`ray .« �+,it °� � ^i:. "�':f �< ! 1. to •—c tm Lv 'NI �.� .�,•h�'ti�. i'?�W-;a��� ,�� ,� '{ ,�,��.'� urx !�"' "'%. Gr},•itra'Xt 1 ,. � xewrFAd 03 ..'l3' t�� �;i° p• S� ��'i���j3�.�ha �„r„•^ "P """I&n::.iiarn"'•Ti's�.S'e.ix)6• idAlS£sk1tW3 4 ,f. ?) !! r :�5 j,:°1, x✓lit,t •.: rwnmrmm ( tvalxt wlrcwaiwlirrrt k tya>,luaswJraM ( xvO(Naw rmtAcrtYsut. t � m' yis+ �uxv�uA�ara+wuxa4 •x.' l J 'zaaaltl.�a)Mwe3saa�tJ.t3u3lK,±W ` ,- G,, • ! TWM$4.. . tu l�fcsa'Gtit dW 'SANfIa...ai.atrltSlll '. x w x Nd +C ,.Y FIl p i ( %{fA Lan a2x?tiAtnti9<R.. • ( xv-&x" ax�sntmt dl � � � fi�y^�� Y# "1i iyMn44 �;. "t 3 3�'�� ` ,Na ! .' y t}i`+.•� fi 3 Ij E .y r �. ,� o t •.✓'^ ! � ( �� acus :#,i { d;' •^x: _,3 i,.y.:�,.v^..-•3-„''�”' '�ti:f r.. nat. wi '"-=' /,,/ ( '.;l'`• t r s Y' ca.lnaw 04•t s+ ( • ,q ? t$r.'• -"'. « J"°°'>'x+ues"s ] j.:' ( ' Sf�`„�'af•' ,'.(� 7w"21=4 ;,.. ti•. trays':h .. J ` o., 'r` ...,.. . - %. �•�' "°'Zr G' 'br,Pf „_....---- 3b''' 11 1 �j�.i'1Vf$t s( • ,..}ate Y.• .,�^ �: � �- {3�•!���l�A ' ^.r.+..t"A+ai uul.or+.�...1 1�`` ,,.,.s''`�� ; '� •y ,�1.�;y�.�}, '^Te M >✓jjrx�RDd CLL 16Y11!Crri Y)w � �: ~""`., ��.."�� r'/ � \ ici.;�.,�����ti i..a�� r��3•�«5 r''�•'���i� g � r� S t '�" vm¢N!+`nA"xw333 GYia'3Mr Y,&Wli / l r MUNICIP.A.L XTER DISTRICT 220 Nellen avenue Corte Madera CA 94925-1169 www.rrj aria w ater,o rg June 20, 2012 Service loos, 50950 & 51737 Den Watrous = Town of Tiburon Planning Dept 1505 Tiburon Blvd � Tiburon rC rl 94820 „ D RB. WATER AVAILABILITY-- Belvedere-Tiburon Library Expansion $ t Assessor's Parcel No.: 058-171-94 and 058-171-62 y.; _ Location; 1 501 Tiburon Blvd., Tiburon P!At'-I NG,��� S, Dear Mr. Watrous: The above referenced parcels are currently being served. Service leo. 60960 provideser to Parcel leo. 058-171-94 for Belvedere-Tiburon Library, The proposed expansion will notimpair o this property, However, District records indicate the District's ability to cantinas servicAe twater operating above its annual water entitlement of 0.97 acre-feet. The purchase of an additional entitlement will be required to meet the property's new demand. Service No.61737 provides waterto Parcel No. 058-4171-82 for landscape irrigation.The proposed the parking lot will not impair.the'District's ability to continue service to this property. However, District owns and maintains facilities within an easement running through the parcel. The property owners reserve and shall have the'right to revise the grade of,the surface or`the location of the easement if and when they shall first pay to the District the full expense of changing the grade or location, of the pipeline{s} and ether installations of the District therein. in the eventof change nein grade,the District will determine'W the grade change requires the raising or lowering of the or other installation. The District,in its sole discretion,,shall determine all costs associated with the change in grade, if the property owners desire e change in the location of the easement, y hall first grant a suitable new easement acceptable to the District. Compliance with all indoor and outdoor requirements of District Code Title 13--Water Conservation is a condition cif water service.indoor plumbing fixtures gust meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance. The Code requires a landscape plan, an irrigation plan, and a grading plan. Any questions regarding District Code Title 13 Water Conservation should be directed to trite ' `ater Conser�ratior! Department at t4°15 945- 1497, You can also find information about the District's water conservation requirements online at www.rnarinwater.org, Should backflow protection be required, said protection shall be installed as a condition of water service. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. if you have any questions regarding this matter, please contact me at (4°l 5) 045-1531, Very truly yours, ---- Joseph Eiscnens Engineerinc Technicia ;, ;TDT JE:mp cc: Town o`Tiburon wilding Dept Tecyc Y��y �o Parking-Related Conditions of approval and Mitigation pleasures Excerpted from Town Council Resolution No. 55-2011 Conditions of Approval 6} Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may, in. its sole discretion., choose to establish a"no parking.zone" along Tiburon. Boulevard, approximately 40 feet in length, in this area. S) A min mum of two (2) handicap-accessible parking spaces shall be installed along the Tiburon Boulevard frontage of the project to off set the loss of such spaces in close proximity to the Town hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza levels that may be necessary to accommodate wheelchairs. 9) Prior to issuance of a building permit, applicant will create or fund additional parking spaces that shall be available to Library and Town Hall visitors during business hours. This may be through a lung-terra.parldng agreement with other property owners; through the securing of a long-tern agreement whereby short-term parrying for public use will be available in the adjacent lot at 1525 Tiburon Boulevard; through the creation of new public parking spaces proximate to the project on nearby streets or elsewhere, or through other equivalent methods. The number of parking spaces to be created or funded shall be based on a ratio of one space per each 1,000 gross square feet of Library addition constructed. t EXHIBIT NO. �_ � 0- a Mitigation Measures r9stvsdare-T?burnn Cihrary Exparrs;on PmJact I��IIf allttn A�rvYtfnri P rom �`�"' rrsbvrtatlris Srt'arcd� ! r�4sr+dxar �a'triCa�lai,t ' rrp:tsmanrad ny tta�tcuad sy rtaa-c+om�n--n ssnctev, ttt,H TRAFFIC - - - - - 7"TtnNs• The apOlcant wits finvgs the Mr�Eiabbtly of Bt 1=1 53 a-slls E��9$Faces IV Start: Up�e Erol &=11oresy Ptalact Sponw AM Sown P 8 torr 47p DNtsYsn and tt, ts:zua o3 txn4dvag Library esus Town Man wee lhrorsp)i the failosving!;CtfnrtS: :pptotixt Town of Tthurnn t71ptra,a A of f'llt]tz wOA1 ptank erd1w Oco*ancy PUNIC PAMMrtg Spaces 1.Gmtittt a minim"m of(Our new Parking spaces alang TEbutoo BWovatd larxtlor ter COw $res PrSrr ra ecatpxr or West t Street;AND OWBOn 2 P'sca a 24tow tfms Final!On the 8 clfl*1141•11mad apacas on Mar West Strout; ANDIOR 3.Collabntatn wtih isfehr retreat F topartfeg to esiniallsh an anars7fxtrsnt to etlianv star#- larrn ftoddng(as rappMed to thle current Fixed-tae all-day paft)in sante of the spaaa's on Ili*foL EmpbyaaPatkhV Spaces 1.Conlin—the wistim tmasbV a mpoemeN:OR' I Cottaborala with}main Smoot,t'roparttes 10 anter inl3 a'onp_tertn faase for park nq spaces In Lot 3,OR to ptoMa for a paiilal dnckbg,of ihs axtsttrrf tai to Provide, add[HOAal PatkUV spaceS,AldMR 3.Rosanna 12-15 Pericarp apsces*1 the Town-owned Ftearh Azaad Tennis Court FarkkV Lest at the Intersection of Breach Road and tarnish Road for Town wid Llbrary ampksyess;ANt3 OR 4.Adatpt a patkkt Prim*ptailrarn that vda dd gtrdt paridnil on tonna or a9 of the 19 spaces#tat atm nmtast the Library on}lar West Street to patmirbOkdsrs dirft the hours the Ubmry aril Toms Hag are opuL Permits than waddd its taeued sour!io Town and Llbr tyataff: 1 Oih4 t' 1. Crrtfa ntfidst3unaLurr arrear parking along the cast eida ofMarwCatStreet it tcnslhlc: 2- Coordinate mnjorcvcats at thr Llbrary,and Town Hill to rrduco ovetiappintg events 3, Pstabltsh egmamcals twith nearby patkini 101 o"er;(c&d Boardwalk ' Shopping Center,Tiburon Penixasula Club,Mein Strret proptrtics)t0 provide cccillorrai ovrrflox+parking forunususlly large Oravc(tapping cvants. TRAIJS• The k4amactton of#,lar Wtal Strut and 71bunm Boulevard satisdas a peak hour Sint-L When s1;#rt&wt n is Tervn Enpinaer Town l-npineer �Ptx 8 ttafnc signal tvatretd(enxiarltaa ctmtrrtallva 6u1!>hsui z ncuu7a nd ahrtts ba intirxisd to warrant" I rho Town's its'of tniaraacdorts H)at me canswered for Iraft,t'r3nal k wa€tatiott.The Town shalt emPloY 8sair own+.alerts-for riAlsirtg ara9 PflotOlxalt0n,to iurlis9 othar Complete.When tractent turas algrpl warrar�Is aatd occidant wzloryr when cons€deditg the need and Urift for lrafltc we avahalita for Jn*ernerttaltan, eignal instagalkxL Tt Pt� The axls�easttspa taA ttetr Q111, ort 7lt11sr#n kw l v,and Ileari tp to Mar West sort:Satoh ar dwkQ crmarr=&,41 Preoct Spam- Ta m erxpteeor t Catiantc to acr+�psrcyal saatsor, &treat Ellett be langtt wwd 10 meal Caltrans requkaments tar latt hsn lance for the, Um Ubrarya0110n maasursd traft valuate The 1w;g hening tw be completed prior to lira occupancy of the addill t:MpktwdPAM to C=Ip,,xy al the uh-aryli NTO d EXHIBIT RESOLUTION NO. 35-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE APPROVAL OF SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD BY MODIFYING CERTAIN CONDITIONS OF APPROVAL SET FORTH IN TOWN COUNCIL RESOLUTION NO. 26-2012 AND A MITIGATION MEASURE SET FORTH IN TOWN COUNCIL RESOLUTION NO. 55-2011 (APN 058-171-92, 93. & 94 AND A PORTION OF 058-171-62) WHEREAS, on October 5, 2011, the Town Council certified an environmental impact report for a proposed expansion of the Belvedere-Tiburon Public Library building, said project being located on land at 1501 and 1505 Tiburon Boulevard; and WHEREAS, on November 2, 2011, the Town Council adopted Resolution No. 55- 2011 approving general plan amendments and a mitigation monitoring program associated with the proposed expansion of the library building and the certified environmental impact report for the expansion project; and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N. S. establishing review and decision-making procedures for a proposed expansion of the Belvedere-Tiburon Library building. The ordinance exempts the expansion project from provisions of the Tiburon Zoning Ordinance, but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the library expansion project. and on August 1, 2012 adopted Resolution No. 26-2012 approving the site plan and architectural drawings for the library expansion project; and WHEREAS, on April 19, 2017, the Town Council held a public meeting and approved a 5-year extension of the site plan and architectural approval (without any revisions to the project) by adopting Resolution No. 09-2017: and WHEREAS, the Belvedere-Tiburon Library Agency ("Libl-ary Agency") is proposing revisions to the previously-approved site plan and architectural drawings for the library expansion project and modification of one of the adopted mitigation measures for the project. The original approval would have increased the floor area of the existing Belvedere-Tiburon Library building by 16,000 square feet to a total of 26.500 square feet. The proposed revisions to the previously-approved project would constitute a reduction in floor area of the previously-approved library building expansion by 6.000 square feet. resulting in a building of 20.500 square feet in lieu of the originally-approved 26.500 square feet and concomitantly reducing the demand for parking associated with the project: and Tiburon Town Council Resolulion No. 35-2018 Adopted 08/I.5%2018 1 EXHIBITNO._�2_ WHEREAS, the Town Council has determined, based on an EIR addendum dated July 2018, that no additional environmental review is required for this scaled-back library expansion project; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council finds that the revised expansion project. as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the revised site plan and architectural drawings for the library expansion project and does hereby amend the conditions of approval of Resolution No. 26- 2012, as set forth below: A. Condition No. I of Resolution 26-2012 is amended to read as follows: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution No. 55-2011, except as specifically modified by Town Council Resolution No. 35-2018, are fully incorporated herein by reference, with the exception of Condition No. I of said Resolution No. 55-2011; that condition having been determined by the Town Council to be satisfied by the design drawings approved herein. By request of the Town Council, the applicable parking-related conditions and mitigation measures adopted in Resolution No. 55-2011. as amended by Town Council Resolution No. 35-2018, are excerpted and attached as Exhibit C hereto for informational purposes. Exhibit C referenced herein is revised to incorporate revisions to Mitigation Measure TRANS-6 approved in Resolution No. 35-2018. B. Condition No. 3 of Resolution No. 26-2012 is deleted. C. Condition No. 4 of Resolution No. 26-2012 is amended to read as follows: 4. The Project shall be built in substantial conformance with the site plan and architectural drawings entitled "Belvedere-Tiburon Library Expansion Revised Design Review Submission'-. date-stamped "Received Planning Division August 8, 2018'', prepared by chdd Architecture and comprised of 16 sheets, which constitute the approved site plan and architectural drawings for the Project. Said drawings are on file and available for public review at the Planning Division at Tiburon Town Hall during regular business hours in File #S2012-07; 1501 Tiburon Boulevard. Any future substantial modification to the approved drawings. as determined in the reasonable discretion of the Director of Community Development. must receive Town Council approval. Tiburon Toivn Council Resolialon No. 35-201N Adopled 08/15/2018 2 D. Condition No. 7 of Resolution No. 26-2012 is amended to read as follows: 7. With submittal of the building permit application. the Library Agency shall comply with applicable provisions of the Town's Flood Damage Prevention Ordinance (Chapter 131) of the Municipal Code). E. Condition No. 15 of Resolution No. 26-2012 is amended to read as follows: 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent parking lot at 1525 Tiburon Boulevard (APN 058-171-91) must receive approval from the parking lot property owner for any improvements extending onto its property. No such sidewalk access shall cause any parking spaces in the parking lot to be eliminated. F. All other conditions of approval set forth in Resolution No. 26-2012 remain in effect unless specifically modified herein. Condition No. 27 of Resolution No. 26-2012, as amended by Resolution No. 09-2017 and setting forth an expiration date of April 19, 2022 for the site plan and architectural drawing approval, remains unchanged. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby amend Exhibit "C" to Town Council Resolution No. 55-2011, such that Mitigation Measure TRANS-6 reads as follows: TRANS-6: The applicant will ensure the availability of at least 33 off-site parking spaces for the Library and Town Hall use through the following actions: Public Parking Spaces 1. Create a minimum of four (4) new parking spaces along Tiburon Boulevard and/or Mar West Street; AND 2. Place a 2-hour time limit on the eight (8) currently un-timed spaces nearby on Mar West Street; AND/OR 3. Collaborate with the owner of one or more nearby pay-parking lots to establish an arrangement, subject to acceptance by the Town of Tiburon_ which would allow short-term parking in some or all of the spaces in the lot or lots for potential use by Library and/or Town Hall users. Employee Parking Spaces 1. Continue the existing lease arrangement with the owner of the parking lot at 1525 Tiburon Boulevard for parkinly passes for Town Hall and Library Agency employees; OR 2. Collaborate with the owner of the parking lot at 1525 Tiburon Boulevard to enter into a long-term lease for parking spaces in that lot, OR to provide for a partial "decking" of the existing lot to create additional parking spaces. AND/OR 3. Secure Town approval to reserve 12-15 parking spaces in the Town-owned Beach Road tennis court parking lot at the intersection of Beach Road and Marsh Road for Town Hall and Library employees: AND/OR 4. Adopt a parkingpermit program that would limit parking on some or all of the Tihiron Town Council Resolialon No. 35-2018 Adopted 08/15 2018 � nineteen (19) parking spaces on Mat- West Street that are nearest to the Library to permit holders during the hours the Town Hall and Library are open. Permits would then be issued solely to Town Hall and Library staff. Other 1. Create additional on-street parking along Mar West Street in the vicinity of the Library if feasible. 2. Coordinate major events occurring at the Library and Town Hall in order to reduce the potential for overlapping events. 3. Establish agreements with nearby parking lot owners (e.g. Boardwalk Shopping Center, Tiburon Peninsula Club, etc.), to provide occasional overflow parking for unusually large or overlapping events. All other mitigation measures set forth in Exhibit "C" to Town Council Resolution No. 55- 2011 remain unchanged. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 15, 2018, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Welner JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tibitron Town Council Resolution AV 35-2018 Adopted 08/15/2018 4 EXHIBIT NO DRAFT AGREEMENT FOR SHARED ACCESS AND USE, AND APPORTIONMENT OF CERTAIN MAINTENANCE AND UTILITY COSTS This Agi-cernent is made this —Ist day of—XXXX-XXXX---,--,,bN/ and between the Town of Tiburon ('ToAan and the Belvedere-Tiburon Library Agency ("Agency"). Agency is a Joint Powers Agency creat(-,,d by the Town of Tiburon and. the City of Belvedere ("Belvedere"). The purpose of this Agreement is to arrange for mutual access, use and maintenance of certain common areas adjacent to the Belvedere/Tiburon Library and Tiburon Town Hall, and for the apportionment and payment of certain maintenance and. utility costs associated with these common areas. RECITALS.- L 'fhe Agency is completing a Library Expansion. Project (Project), with an estimated completion date of October 2020. 2. The Town all and the Library facilities are imi-nediately adjacent to each other, and subsequent to the completion. ofthe Project, will share access and use of certain. common areas including: Parking lot, lighting and landscaping. 3. The Town and agency agree to enter into this agree.i-nent in order to: Establish a procedure for the maintenance of common areas, and establish a procedure for the payment of fees and charges for shared utilities and maintenance of these common areas. TERM-0 The term ode this Agreement shall commence on XXXXXXX Xx, XXXX, and will automatically renew annaull.v thereafter, subiect to either pant's 64. 1it to ive written notice ol"term.mation to the other. If such. notice is given ticreunder the Agreement sliall I terminate thirty (30) days thereafter. AGREEMENT.- Secti.o.n. .......I­- Con Area Definition The cross hatcl-iied area depicted in Exhibit I of this Agreement represents the 'Comn-ion Arel,�)" for the purposes olthis Agreement. (NEED1­0 A'I"1-'ACfl EXFUBlT EXHIBIT NO.- Section 2: Common Area Access and Use For so long as this Agreement is in effect, the Town and Agency shall have shared access and use of the Common Area. Neither Town's nor Agency's use of the Common. Area shall. interfere with the other's access or use of the Common Area, Section 3.- Alteration to Common Areas® In the event one of the two parties hereto desire to alter the common area, the other must give its prior written approval.. Section 4: Common Areas Maintenance The Common Area identified in. Exhibit I shall be maintained by the Town. The scope of maintenance services ("Services") to be provided by the Town under this Agreement are set forth in Exhibit 2 (Statement of Services) (NEED TO ATTACH III I":11' DEPICTING DETAILING SERVICES) Sectio - Cost of Common Area Maintenance ect'on 5. The cost of providing the Services shall be shared by the Agency and Town, with each. to party contributingOne-half of the total costs. Estimated costs for providing the Services are detailed in Exhibit 3 (Estimate of Costs), and total $X,XXX. The Agency agrees to reimburse the Town $X,XXX/Month for the providing the Services. The cost for providing the Services shall be reviewed and ad,jusied annually. The Town shall send invoices to the .Agency quarterly for the amounts due under this agreement,, which .Agency will pay within 10 days of receipt of invoices. Section 6. Cost of'Utilities 5.1: Ot-itdoor Lighting Electric.ity costs for outdoor lighting in the Common Area will be paid bv the Agency, and the Town agrees to reimburse the Agency for —XX—% of this cost. The estimated annual cost of electricity for outdoor lighting is detailed on Exhibit 4, and totals $X X-),% . The Town agrees to reimburse the Agency $XXX 'i-north for its share of this cost, which will be applied as a credit on the invoice referenced in Section 4. (NE�ED J'O CONFIRM ALL COMMON AREA. LIGHTING IS FED THROUGH LIBRARY PANELS) 5.2: Water Use for Irrigation Water costs for irrigation of the Common Area shall be paid by the Agency, and the Town agrees to reimburse the Agency for -X -% of this cost. The estimated annual cost of irrigation water is detailed in Exhibit 4, and totals $X1 .,XXX. The Town agrees to reimburse the Agency $XXX/month for its share of this cost, which will be applied as a credit on the invoice referenced in Section 4. (NEED TO CONFIRMTHAT ALL fRRIGATION FOR COMMON AREAS IS FROM LIBRARY SOURCE) Section 7- Maintenance of Non®Coninion Area Each owner is to keep, maintain., repair and restore its parcel, excepting such portion thereof as may be within the Common Area, and the improvements, landscaping and paving thereon in a sound, safe, clean and attractive condition. Each owner shall also keep, maintain, repair and, restore its parcel. and the improvements, landscaping and paving thereon in compliance with all valid laws, ordinances, and regulations of any governmental entity having ,jurisdiction over the parcel. Section 8: Accounting I I hon, dinil hi, q viqrIv accounting of all costs, prepared at the end. .�11.�� � "AA-�A. �w �� .7-Aj accounting 1. prep; of coach fiscal year (June 30) by fiburon and Agency showing the above charges. Section 9.- Insurance The parties intend. to share responsibility for insurance related to the Common Areki (THIS SECTION NEEDS SOME WORK. I AM TRYING TO SCHEDULE' A . ALL WITH OUR INSURANCE 14'OLKS FOR ADVICE). Section. 10M. Termination Clause If either party to this Agreement shall fail to fulfill its obligations in a timely and proper manner, or in the event that any of the provisions, or stipulations of this Agreement are violated by either party to this Agreement, either party reserves the right to terminate this Agreement with thirty (30) days written notice. Any remaining financial obligations will be calculated and resolved at that time. Section 11: Miscallaneous 10.1: Governing Law The laws of the State of California shall govern this Agreement 10.2: 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. 10.3: Successors in Interest: Assignment The 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. 10.4 Entire Agreement-Amendment This Agreement represents the entire Agreement between parties, and may only be amended in writing at'ha o,-,�stuU:'>a>,.In lle-Wv sft,a' shrRi€s?ctt`y .'Y:.a In ;y "%errs`•y,g., <s - ° c Gr Dvi b! Urn 1 a tx i • =6 iX < ° 4. f*. S� � m ^ , a• � y � 22 a A� _� � I 'Fad. wive 4 • f w L:li 1{+i aa� `^I V1:.�., i }.y n..�y, ( .... F=L •,.p_._ � , ,.� sone di.;'S. — e ;_<.>�""<lx�l` ,,.y�4'�..� _ "t< .rt-'•,_. t���Sa ' -:...." '�'�'::�t....��...<m<`; a t ,. «. _ � ... "✓'mak'a�u,.,w , EXHIBIT NO. € 1 LU p� tb9 a �J 1 t ) i jitr���f# V f• £s....... bs £ } � f.i J E t r -01 A 1- { £ £ E f •` ;,fir'' „f..,£ J 1 { }f 7 ! l ?,}.: t. :Jp�f €.'r f) F V F £ - p1Cf1 { 1 € {�� J€ EC� , L 1# E } f �{ # I zI{Et fE ; 'f { If I { € 1•� f € } €lt €�f i-�1 (i ,�}}}?f€f � €' {� € J� EE �.1 ,�� ,3 v t .t {.: �{ , 1 r � • �af�' ip # E £. } 1 'LL E)KCHIBIT NO f Y: v. 1 i A C 1 To\vn Council Meeting TOWN OF TIBURON May 17 2019 1505 Tiburon Boulevard Agenda Item: AI-J s. Tiburon. CA 94920 To: Mayor and Members of the Town Council From: Department or Public Works Subject: Review of the Capital Improvement Plan Reviewed By: r Greg Chanis, Town Manager Benjamin Stock,Town Attorney SUMMARY This item is a discussion of fund reserves and the Capital Improvement Program. Three projects will be discussed in greater detail as they are at a point where a decision is needed by Council for them to move forward. RECOMMENDED ACTION(S) 1. Provide direction to staff on the letter of intent with Energy Systems Development for the Police Station Solar System PPA, the Blackies storage building and the Public Works Corporation Yard. 2. Provide Direction on others projects in the CIP. BACKGROUND The agenda for the Council Staff Retreat held on March 15. 2019 included an Item related to General Fund reserves, current capital projects, and the Towns Capital Improvement Plan (CIP). However. due to the time required to discuss other important issues. that item was deferred. Accordingly, this Staff Report and accompanying presentation \\ill cover the following: • Update Council on estimated General Fund Reserves as of June 30. 2019 • Update Council on projects that are currently underway. and for v,Inch staff requires additional direction from Council. including the following: o Solar array installation on the Police Station throuuh a Purchase Power Agreement. o Construction of a maintenance storage buildino adjacent to the existing restrooms at Blackies Pasture. o Scoping study for the Public Works Corporation Yard. • Review the CIP project list ranking process and rankings for this Vear. TOWN OF TIBURON PAGE l of 7 ANALYSIS General Fund Reserves The town maintains numerous reserve funds for a variety of purposes. These finds are broken down into three categories: Policy Directed, Discretionary Set Asides. or Restricted. Exhibit 1 of this staff report is a spreadsheet showing the following information for each fund: • Audited fund balances as of the close of Fiscal Year 2018 (June 30. 2018) • Estimated inflows and outflows for the Fiscal Year 2019 (current year) • Estimated fund balances for the end of Fiscal Year 2019 (June 30, 2019) In addition to the individual fiend balances, the spreadsheet also includes information for Unallocated General Fund Reserves (UGFR), which represents funds available for expenditure, but have not been designated by Council for any specific use. During the budget process, staff typically makes recommendations regarding the use of these unallocated finds. For example, in Fiscal Year 2019 (current year), Council approved transferring a total of$2.9M from UGFR for a variety of uses including: contributions to both pension and OPEB trust funds, additional contributions to several Discretionary Set Aside finds, and for funding capital projects approved in the budget. As Exhibit 1 indicates, at the close of Fiscal Year 2018 (June 30, 2018), the balance of UGFR was approximately $3.55M, with an estimate for the close of the current fiscal year at $1.37M. Current Capital Projects Solar on the Police Station The Police Station roof will not accommodate a solar energy, system. The cost of design and construction of a carport led Council to ask staff to explore a Power Purchase Agreement (PPA) as a way to install a system without paying the upfront cost of design and installation of the structure. Staff reached out to four entities. Three were interested. met with staff. and did tours of the site. However, as they began to look at costs and financing opportunities. interest waned, and two of these three declined to make a proposal to the Town. The cost of the solar carport is so large that the PPA must charge more for electricity than PG&E currently char,)es. making the PPA less attractive to both property owners and potential investors. However, the Town did receive a non-binding Letter of Intent for a PPA from Energy Systems Development (ESD), a company that recently provided solar power to the Belvedere Tennis Club. The Letter of Intent is attached as Exhibit 2. A draft version of a PPA based on the Letter of Intent is attached as Exhibit 3. Under the terms of the Letter of Intent. ESD would design and install the carport and solar array at no cost to the Town. However, electricity costs Nvill start at $0.26 per kWh during the first contract year of the initial term and escalate at 3.5% annually. This is an increase in electricity costs over what the Town currently pays. An analysis done in 2018 indicated costs were $0.22 per KWH. Independently.. Energy Systems Development calculated our cost per KWH at T'ovN N OFT1131 RON Pref: 2 or 7 $0.2181. For the first 10 years, the total additional cost for electricity would be approximately $15,000. The system starts saving money compared to PG&E in year 1 1 and becomes cash positive in year 19. Staff requests that the Town Council provide direction on this project. including whether to sign the letter of intent with Energy Systems Development. The letter of intent is non-binding however, approving it will require Energy Systems Development start spending money on a design. The Town should only enter into the agreement if it is serious about moving forward with construction and the Power Purchase Agreement. Blackies/ORT Maintenance Storage Building The FYI 8-19 Budget included $20,000 to complete the initial design of a maintenance storage building which would primarily be used to store equipment related to the upkeep of the newly renovated McKegney Field. A preliminary site plan and elevations have been completed. Preliminary design renderings of the proposed building are attached as Exhibit 4. The proposed building would be approximately 600 square feet in area and would be located adjacent to and behind the larger of the restroom buildings when viewed from Old Rail Trail. The building would have concrete masonry block walls and a metal roof. It would be approximately 13 ft., 9 in. in height above grade at the roof peak. The proposed building would provide for the secure storage of equipment and materials for the maintenance of newly-renovated McKegney Field and surrounding Richardson Bay Lineal Park areas. In addition, the proposed building would include a 6 ft. by 8 ft. storage area dedicated to the storage of equipment and materials used by volunteers. most notably, those working on 'Harvey's Garden'. Additional landscaping. similar to that screening the existing restroom buildings, is proposed. Minimal (if any) exterior lighting would be installed as the building is not intended for use in hours of darkness and is not a publicly-accessible building. The intent is to have the proposed building appear as similar to the two existing resu-oom buildings (installed in 1998 and 2011, respectively) as possible, in order to ensure consistency in design, appearance, colors and materials. The estimated cost of completing the project as proposed is $200,000. After completing a preliminary site plan and elevations for the proposed building, staff took the concept to POST for a recommendation and the Planning Commission for consideration of a required Use Permit. The POST Commission voted 4-1 to adopt the following motion: To recommend erecting an aesthetically-pleasing. tcmporary structure on the proposed site, deferring further decisions until a holistic maintenance and enhancement plan can be developed for Blackies Pasture and the Old Rail Trail. At the time of this motion, POST had a subcommittee (Blackie's Pasture and Old Rail Trail Subcommittee) that was charged with developing a holistic maintenance plan for this area. That subcommittee ended on January 29. 2019 with two recommendations: 1. That the Council should consider allocating more resources and funds for park management and maintenance in the next budget: and ToNv%n or Tim tzo-N PAGE 3 or 7 ('Vl Ui7 bii''. 2. That the Council should consider directing POST to look into the establishment of a "Friends of the Parks" support group to provide long-term financial assistance with maintenance, renovations, community events and nature-based enhancements. Staff agrees resources for parks maintenance are stretched. That is precisely why storing equipment for the maintenance of McKegney Field close to the field makes sense. It reduces the staff time associated with moving this equipment. As the Planning Commission deliberations on this matter were winding down, it was clear the Planning Commission was ultimately going to vote to deny the Use Permit. At that point, and prior to a vote being taken, staff withdrew the application. During their deliberations on the use permit, Planning Commission members voiced a variety of concerns regarding the project including (but not limited to): 1. The project is premature, as we do not really know the level effort that will be required to maintain McKegney Field. 2. The location is not ideal, with at least two Commission members suggesting locations closer to McKegney Field. Staff responds to these concerns as follows: 1. The minimum level of effort to maintain McKegney Field is 1,200 hours per year. This corresponds to the estimates given the Town Council and POST when we awarded the construction of McKegney Field. 2. Staff chose this current location for three reasons: a. It is better hidden from view. shielded by existing building on two sides and a hill on another. b. Electricity is nearby which reduces costs. c. The existing surface is flat which reduces costs. d. Water is nearby for use. Staff believes that locating the facility closer to McKegney Field would either take up valuable field space or require the purchase of property. Any placement near McKegney Field would be much more visible to residents. One question that is often asked is whether this equipment can be stored at the Corporation Yard. The short answer is yes, but as will be seen in the discussion on the Scoping Study for the Corporation Yard, the space at the current Corp Yard is verN tight. and already inadequate for our current needs. Storing this equipment creates a situation where two or three pieces of equipment need to be moved around to get to a fourth piece of equipment that is needed. The design for this project also includes the design for an adjacent bike repair and information facility, previously approved by POST and Council. The deigns interact given their proximity. Staff wishes to know whether Council wishes to continue the design of the storage building or only proceed with the bike repair station. Public Works Corporation Yard Scopin,Stud, The Public Works Corporation Yard is on the site of the former Hilarita Dairy, and still utilizes the Dairy residence originally built in 1939. In 1979_ the 19,9 era residence was converted to an office and garage/workshop. To\\N FTI0iBt RON P.kc1. 4 ot; 7 Town Hall was replaced in 1997 and the Police Department Building shortly thereafter. However, plans to reconstruct the Public Works Corporation Yard have stalled. A June 2003 report from ABAG. the town's insurance provider, noted that, "The Corporation Yard building, constructed in 1940 is an old one-story dairy that has been raised to allow a second floor to be built underneath.... And should undergo a structural evaluation as soon as feasible for it may be a collapse hazard. If this building houses essential government functions it may need to be replaced." In 2004, there were discussions and searches for an alternative site, as well as discussions of a master plan. It appears these were never completed. In 2007, a Request for Proposals for a new Corp Yard Design was sent out soliciting a concept plan for the site. In January 2009,. BSA Architects completed a Corporation Yard Master Plan and Concept Design. A presentation was given to a Council sub-committee. The project was deemed too expensive and put on hold. As noted in the 2003 ABAG report. when the Town is going to need the Corp Yard most, after an earthquake, it may not survive. In addition to structural deficiencies, there are numerous code deficiencies relating to safety. fire and ADA codes. The sizes of the shops are inadequate and do not meet modern standards. The FY 2018/19 CIP budget included funding for a scoping study for the Corporation Yard. This study has been completed and is attached as Exhibit 5. As part of the study, the consultants looked at whether Richardson Bay Sanitation District and the Town could co-locate their respective corporation yards on the Town's site. The consultants determined that this was not possible. The consultants then created a number of planning scenarios. Three of these were selected for further development and estimates. The costs for the three layouts run from $15 million to $18 million. Staff asked if there might be an option that does not fix the space deficiencies but addresses the code and safety deficiencies. The consultants have estimated that the existing structures could be replaced in kind for $6.5 million. phis would address safety and code concerns, but would not replace pavement. fencing or any equipment outside of the buildings (fueling station, debris areas etc....). In addition. the building sizes would be about half of the standard recommended sizes for the functions served. The consultant also provided a cost for replacing the existing building with shops and replacing the parking structures with a parking/storage facility Nv ith offices above it. This solution improves the space allocations but would not replace pavement. fencing or equipment outside of the buildings. The estimated cost of this option is $9.5 million. Staff requests that the ]own Council provide directio» on this project. Capital Improvement Plan To\N v oi-TIM MON P,-kc,� 5 or 7 In 2016; staff worked with a Council subcommittee to develop a ranking system for projects. Each year staff ranks projects on the potential CIP list in accordance with these criteria. This year, eight staff members from the Administration. Planning and Public Works departments ranked 40 potential projects. After the projects were ranked, the projects were separated into three tiers in accordance with their scores. Tier 1 projects are the third of projects with the highest score. Tier 2 is in the middle and Tier 3 projects were projects with the lowest score. The projects in each Tier are listed alphabetically, not by rank. This is a stated preference of Council to avoid "splitting hairs" between projects that night have very close scores. The purpose of this ranking is to provide Council with a tool for prioritizing projects in accordance with the values previously determined by Council. It is meant to be a flexible tool, and previous budgets have included projects from all tiers. The ranked project list is attached as Exhibit 6. When staff met with the budget sub-committee. staff was asked to provide a list of projects that Public Works believes must be done. generally to maintain public infrastructure and safety. That list is presented in the table below and includes information on timing, cost and finding sources Table 1 —Projects Public Works Believes Must Be Completed Project Year Cost ($000's) Funding Source Storm Drain Rehab 2020 $800 GF Sheets & Drainage Vistazo Slide 2020 ? Gas Tax ORT Paving 2020 $400 Gas Tax Road Repair 2021 $1,800 Road Impact/SB-1 Road Repair 22-24 $2,474 Road Impact/SB-1 Brick Crosswalk Rehab 2022 $60 Gas Tax Elephant Rock Reconstruction 2023-28 $900 GF Parks/Unallocated Seawall at Main Street 2023-28 $195 Gas Tax Brick Crosswalk Rehab 2023-28 $60 Gas Tax Storm Drain Rehab 2023-28 $2,400 Unallocated GF Corporation Yard 2021-28 $6,500 GF Corp Yard/Unallocated Town Hall HVAC 2021-28 $305 GF Infrastructure Town Hall Clock Tower 2023-28 $60 GF Infrastructure Mar West Roundabout/Signal Future $500 Circulation/Gas Tax ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this iter is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: TONN N or T[M RON I':�ci-. 6 or 7 1. Provide direction to staff on the letter of intent with Energy Systems Development for the Police Station Solar System PPA. the Blackies storage building and the Public Works Corporation Yard 2. Provide direction on other projects in the CIP. Exhibit(s): 1. Fund Reserves 2. Energy Systems Development PPA Letter of Intent 3. Energy Systems PPA format and Trellis letter 4. Blackies Maintenance Building site plan and elevation 5. Corporation Yard Scopine Study 6. CIP ranking Prepared By: Patrick Barnes, Town Engineer To\N, or"I'mit im-N P:acr 7 of 7 P Balance FY 2019 6/30/2018 Revenue/ Expense/ Balance Transfers In Transfers Out 6/30/2019 Policy Directed General Fund Operating (25%) 3,000,000 10,721,723 (10;721;723) 3,000,000 Capital Equipment Replacement 4581361 122,200 (128,000) 452,561 Employee Compensated Leave 262,507- 0 0 262;507 CalPERS Liability Rserve 800,000 250,000 (1,050,000) 0 OPEB Reserve 250,000 400,000 (650,000) 0 Self-Insurance 250,004 0 0 250,004 Technology Fund 557,011 80,000 (150,020) 516,091 0 Fund Balance 516071883 '11,573,923 ) 4,481,163 Discretionary Set-Asides Facility Repair / Replacement 1,241,3.71 0 (404,000) 837;371 PW Corp Yard 3,111,633500,000 (30,000) 3,581,633 ~ Park Development 13150,628 " 750,000 (1,252,325) 648,303 y Streets / Drainage 1,640,748` 570,000 (853,707711 1 1,357,041 Z Emergency repairs 100,000 ' 0 0 100;000 Open Space Management 25,1410 0 25,141 Fund Balancel 712699521 198201000 (25540,032) 6,549,489 E � FY 2019 Balance 6/30/2018 Revenue/ Expense/ Balance Transfers In Transfers Out 6/30/2019 Restricted Funds Cypress Hollow District 30,370 16,776 (23,000) 24,146 Town Owned Housing Fund 393,6,60 127,285 (91,567) 429,378 Heritage and Arts Project Fund 4$ 08 1,000 0 5,308 Low&Moderate Income Fund 11215,003 18,225 (23,374) 1,209,854 Open Space Acquisition Fund 195,952, 2,939 0 198,891 State Gas Tax 1,601,,272 251,614 (248,955} 1,603,931 SB 1 Funding 3.5,561 161,069 (53,693) 142,937 County Measure A - Transportation 269; 10'; 118,035 (114,000) 273,045 County Measure B Funds 110;849 ; 1,6630 112,512 County Measure A-Parks 3517291', 72,903 (72,368) 36,264' Street Frontage Improvements 2 ; 0 0 2' 1972 Open Space Bonds 30j233 ; 600 0 30,833 Tiburon Circulation System � �12;-727, 31,682 0 143,809' Tiburon Long Range Planning 3Q6,2, 0 49,594 (20,000) 335,844 ' Bunch Grass Fund 1'34;527,„ 2,018 0136,545 Parks In-Lieu 38,0$3 571 0 38,654 Tiburon Planning Area Mitigation 189,9641 2,850 0 192,819 Street Impact 2,'930;167 454,302 (1,192,128) 2,1923341 Drainage Impact 24L 16,65 15,000 (30,000) 9,665 Fund Balance 716:57,737 '1,328,1,26 1, 7,116,778 Q Ah Balance ga FY 2019 6/30/2018 Revenue/ Expense/ Balance Transfers In Transfers Out 6/30/2019 Policy Directed Fund Balance 5,607,88311,573,923 (12,700,643) 4,481,163 Discretionary Set-Asides Fund Balance 7269,521 1,$20, 00 6549,g6s Restricted Funds 7,116, Fund Balance 7,657,737 '1,328,1;26 q ! 7,78 Sub-Total Fund Balance 20,535"44` I 18,147,430 Unallocated GF Reserve 315575396 719,507 (2,9009000) 17376,903 r Total Fund Balance 24,092, 37 :: 19;524,333 Estimated Unallocated GF Reserves - June 30, 2019= $1 ,3763903 1•v - ;uL, �n )3 rry.,y 'C ,,n, 7. .,,' � ,... 31?3 1 � \ : r� ....«�: �`�€. ,.,.�.,r \iZ,..., r'a�„„,, \ ,�,�� , •�i..,�!!. 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Town of Tiburon 5420 Douglas Blvd, Ste Police Department Solar Granite Bay, CA 95746 916.768.4711 (cell) ENERGY 916.772.4936(off) Prepared stu@ESDevelop.com SYSTEMS DEVELOPMENT March 18 2019 TERMS OF POWER PURCHASE AGREEMENT Energy Systems Development, LLC., referenced below as the "Energy Seller", and the individual or entity referenced below as the "Energy Purchaser" intend to negotiate and enter into a binding Power Purchase Agreement "PPA". This document sets forth the principal terms of the PPA for further good faith negotiations between the parties but is not binding. The PPA will contain detailed terms, conditions and covenants governing the subject transaction satisfactory to both parties and approved by the Tiburon Town Council, and will be subject to availability to ESD of sufficient construction and project financing as well as acceptance by both parties of the final Solar Energy System "SES" design and specifications. The terms stated below are not binding and may be subject to change based on the final SES design and specifications. ENERGY SELLER: (Owner) Energy Systems Development, LLC, or its assignee ENERGY SELLER CONTACT INFORMATION: 5420 Douglas Blvd Suite F Granite Bay CA 95746 T 916 772-4936 ENERGY PURCHASER: (Host) Town of Tiburon ENERGY PURCHASER CONTACT Town of Tiburon INFORMATION 1505 Tiburon Blvd Belvedere Tiburon, CA 94920 SOLAR ENERGY SYSTEM (SES): 58.24 KW DC Nameplate capacity mounted on carports ANNUAL PRODUCTION (APPROXIMATE): 82,000 kilowatt-hours annually SES SITE: Tiburon Police Department - West lot 1155 Tiburon Blvd, Belvedere Tiburon, CA 94920 CES INTEGRATOR: Energy Systems Development, LLC INITIAL PPA TERM: TEN Years(10) EXTENSION TERMS: Automatic extension for up to four (4) Extension Terms of five (5) years each, unless terminated for Event of Default or by User not less than 120 days prior to expiration of Initial Term or Extension Term, if any, ENERGY PURCHASE: 100% of SES Energy Output during the Initial Term and all subsequent term extensions. ENERGY PAYMENT RATE: $0.26 per kWh during the first Contract Year of the Initial Term Energy Systems Development-Proprietary Information Page 1 ENERGY PAYMENT ANNUAL RATE 3.5% Annual Escalation INCREASE FACTOR: ENVIRONMENTAL ATTRIBUTES: All environmental Attributes relating to the SEF or the Energy Output will be and remain property of Energy Systems Development, LLC, or its assignee. HOST PURCHASE OPTION: Options to purchase start year 11 and annually after RISK OF CEF LOSS: Host bears risk of SES Loss. INSURANCE: Commercial general liability insurance with limits not less than $2,000,000 for injury to or death of one or more persons in any one occurrence and $1,000,000 for damage or destruction to property in any one occurrence, with aggregate limits of$5,000,000. Worker's compensation and employer's liability insurance, including Stop Gap coverage, in compliance with applicable Laws with limits of not less than $1,000,000. MAINTENANCE: Owner operates and maintains SES at its sole cost and expense with reasonable access to SES granted by User. ACCESS: Rooftop_, Parking Lots_X_, Ground Mount_, ROOFTOP/GROUND LEASE: Rooftop_, Parking Lots_X_, Ground Mount_, SECURITY DEPOSIT: TBD BROKERS: N/A The parties hereby agree and accept the above PPA Terms as basis for further good faith negotiations of the PPA, subject to (a) additional terms, conditions and covenants satisfactory to both parties to be included in the PPA (b) availability to ESD of sufficient construction and project financing funds and (c) change of the above PPA Terms based upon the final SES design and specifications acceptable to both parties, and ultimately approved by Town Council OWNER: "ENERGY SELLER" HOST: "ENERGY PURCHASER" Signature: Signature: Name: Name: Date: Date: Energy Systems Development-Proprietary Information Page 2 EXHIBIT NO. Power Purchase Agreement ENERGY SYSTEFAS DEVILOPMENY Date: January 14,2019 Key terms of your Energy Systems Development Power Purchase Agreement years System installation cost Electricity rate per kWh Agreement term In Our PPA • We insure,maintain,and repair the System(including the inverter)at no additional cost to you,as specified in the agreement. • System Size 58.24 KW • Estimated First Year Production 82,000 kWh • The rate you pay for electricity,exclusive of taxes,will never increase by more than 2.90%per year. Customer's Name & Service Address Exactly as it appears on the utilitybill Customer Name and Address Installation location Tiburon Police Department Carport 1155 Tiburon Blvd, 1155 Tiburon Blvd,Tiburon, CA 94920 Tiburon, CA 94920 Options for System purchase and transfer: Options at the end of the 20 year term: o At certain times,as specified in the agreement,you may purchase the • Energy Systems Development will remove the System.See Exhibit 1 System at no cost to you. o These options apply during the 10 year term of our agreement and not a You can upgrade to a new System with the latest solar beyond that term. technology under a new contract. 0 You may purchase the System from Energy Systems Development for its fair market value as specified in the agreement. • You may renew this agreement for up to ten(10)years in two(2)five(5)year increments. 1. Introduction. System;or(iv)yourSystem is not reporting production to This Power Purchase Agreement(this"Power Purchase Energy Systems Development(e.g.you have disconnected Agreement"or"PPA")is the agreement between BelvedlexeeTC the Monitoring system orthe intemet connection atyourSite and Energy Systems Development Corporation(together with its goes down on the reporting day),then Energy Systems successors and assigns,"Energy Systems Development"or Developmentwill reasonablyestimate the amount of power "we"),covering the sale to you of the power produced by the that would have been delivered to you during such System or solar panel system(the"System")we will install atthe property. reporting outages orreduced production periods Energy Systems Developmentagreesto sell to you,and you ("Estimated Production")and shall consider Estimated agree to buy from Energy Systems Development,all of the power Production as actual production for purposes ofthis produced by the System. The System will be installed by Energy paragraph. In the first year of the Term,Estimated Production Systems Development atthe address you listed above(the will be based on our production projections. Afterthefirst "Property")This Power Purchase Agreement is eight(8)pages yearof the Term,Estimated Production will be based on long and has up to three(3)Exhibits.Energy Systems historical productionforthat month in the prioryear.Ifwebill Developmentprovidesyou with Buy Out Options that are you for Estimated Production because yourSystem is not detailed on Exhibitl The Limited Warranty is attached as reporting production to Energy Systems Development, Exhibit 2.Ifyou have any questions regarding this Power and we subsequently determine that we have either Purchase Agreement,please askyour Energy Systems overestimated or underestimated the actual production,then Development sales consultant. we will adjust the next bill downward(to refund overbilling)or upward(to make up forlost billing). You will not be charged 2. Term. for Estimated Production when the System is not producing Energy Systems Developmentagreesto sell youthe power electricity due to Energy Systems Developmenfsfault,orif generated bythe System for O years(120 months),plus,if the if sduetogddfailureorpoweroutages caused bysomeone Interconnection Date is not onthefirstdayofacalendarmonth, otherthanyou. the numberofdaysieftinthat partial calendarmonth.We refer 5. Power Purchase AureementOblioations. tothis periodof timeasthe"Term."TheTerm beginson the Site Property pertyMaintenance Interconnection Date.The"Interconnection Date"is the date (a) System,S that the System is turned on and generating power.Energy You agree to: Systems DevelopmentwillnotifyyouwhenyourSystemis ready to be turned on. (i) only have the System repaired pursuant to the Limited Warranty and reasonably cooperate when repairs are 3. Intentionally Left Blank. being made; 4. Power Purchase Agreement Payments:Amounts. (ii) keep trees,bushes and hedges trimmed so that the System receives as much sunlight as it did when (a) Power Price. During the first yearof the term,you are Energy Systems Development installed it; purchasing all of the powerthe System producesfor$0.2350 (111) not modify yourSite in a way that shades the perkWh.Afterthefirstyear,the price perkWhwill increase System; by 3.0%per year.There are no installation costs. (iv) beresponsibleforanyeonditionsatyourSitethat (b) Payments. affect the installation(e.g.,blocking access to the roof, Your monthly payments will be the product of(A)the price per or removing atree that is in theway,priorworkyou kWh multiplied by(B)the actual kWh outputforthe calendar have done on your Site thatwas not permitted); month("Monthly Payments"). Invoices for Monthly Payments (v) not remove any markings or identification tags on the will be mailed oremailed no laterthan ten(10)daysafterthe System; end ofa calendarmonth.Monthly Payments cold change as (vi) permit Energy Systems Development,afterwe give your price per kWh changes over the Term of this PPA and as you reasonable notice,to inspectthe System for System production varies(e.g.,summer has higher properoperation aswe reasonably determine production).You will have regular access to the System's necessary; production via your Energy Systems Development online (vii) not do anything,permit or allow to exist any condition account.Payments due upon installation,if any,are due or circumstance that would cause the System not to immediately priorto commencementof installation. operate as intended at the Property; (c) Estimated Production. If(i)the System is shut down for more (viii) notify Energy Systems Development if you think the than seven(7)full twenty-four(24)hourdayscumulatively System is damaged or appearsunsafe;ifthe during the Term because of your actions;or(ii)you take some System isstolen;and priorto changing your power action that significantly reduces the output of the System;(iii) supplier; you don't trim your bushes or trees to their appearance when (ix) maintain and make available,at your cost,a functioning you signed this PPA to avoid foliage growth from shading the indoorintemetconnection with a router,one DHCP Page 2 of 13 enabled Ethemetportwith intemet access and standard (1) Returned CheckFee:$25(orsuch loweramountas AC power outlet close enough and free of interference to required bylaw)for any check or withdrawal right that is enable an intemet connected gateway provided by returned or refused by your bank;and Energy Systems Development to communicate (ii) Late Payments:accrue interest at the lesserof twelve wirelessly with the system's inverter(typicallythisis80 percent(12%)annually or the maximum allowable by feet,butmaydependon site conditions). See section applicable law. 2(c)of the Limited Warranty for details;and (e) Taxes (x) if your Site is governed by a Site owner's association or similar community organization,obtain all approvals Your Energy Systems Development electricity rate of and authorizationsforthe System required by that $0.2350 per kWh is composed of anelectricityrate of organization and advise us of any requirements of that $0.2350 pluscurrent taxes of$0.0000.You agree to pay organizationthatwillotherwiseimpacttheSystem,its any changes in the applicable taxes related to this PPA. installation or operation. Thus,if tax rates change,your Energy Systems (b) System Construction, Repair, Insurance and Development electricity rate will change to reflect this rate Energy Systems Development's change.if this PPA contains a purchase option at the end obligations: oftheTerm,you agree topay anyapplicabietax onthe purchase priceforthe System. Youaisoagreeto payas Energy Systems Developmentagreesto: invoiced anyapplicable personal propertytaxeson the (i) schedulethe installationof the System ata mutually System that your local jurisdiction maylevy. convenient date and time; (f) No Alterations (it) construct the System according to written plans you You agree that you will not make any modifications, review; improvements,revisions or additions to the System ortake (iii) provide you with a web-enabled meterto accurately anyotheractionthatcouldvoid theLimitedWarrantyon measure the amountof powerthe System delivers to the System without Energy Systems Development's prior you; written consent. If you make any modifications, (iv) notify you if the System design has to be materially improvements,revisionsor additionsto the System, changed so that you can review any such changes; theywili become part of the System and shall be Energy (v) clean up afterourselves during the construction of the Systems Development's property. System; (g) Access to the System (vi) insuretheSystem againstaildamage orlossunless (I) You granttoEnergy Systems Developmentandits (A)thatdamage orlossis caused byyourgross employees,agents and contractorstherightto negligence;or(B)that damage or loss is caused by reasonabiyaccessallofthe Property as ball strikes;or(C)you intentionally damage the necessary for the purposes of(A)installing, System; constructing,operating,owning,repairing,removing (vii) repairthe System pursuant to the Limited Warranty and and replacing the System ormaking any additions reasonably cooperate with you when scheduling to the System or installing complementary repairs; technologies on or about the location of the System; (viii) create a priority stream of operation and maintenance (B)enforcing Energy Systems Development's payments to provide enough cash flow in our financing rights as to this Power Purchase Agreement and the transactions to pay for the Limited Warranty obligations System;(C)installing,using and maintaining electric and the repair and maintenance of the System in lines and inverters and meters,necessaryto accordance with this PPA even if Energy Systems interconnect the System to your electricsystem atthe Development ceases to operate;and Propertyand/ortotheutility's electricdistribution system;or(D)taking anyother action reasonably (ix) not put a lien on your Site or Property. necessaryin connection with installing,constructing, operating,owning,repairing,removing and replacing (c) Site Renovations orRepairs the System.This access right shall continuefor up to Ifyouwanttomake anyrepairsorimprovementstothe ninety(90)days afterthis PowerPurchase PropertythatcouldinterferewiththeSystem(suchas Agreement expiresto provide Energy Systems repairing the roof where the System is located),you may Developmentwithtimetoremovethe System atthe only remove and replace the System pursuanttothe end ofthePowerPurchaseAgreement.Energy Limited Warranty. Systems Developmentshaii provide you with reasonable notice of its need to access the (d) Automatic Payment,Late Charges,Fees Property whenever commercially reasonable. In additiontothe otheramountsyou agree to pay in this (ii) During the time that Energy Systems Development PowerPurchase Agreement,you agree to pay the following: has access rights you shall ensure that its access rights are preserved and shall not interfere with or permitanythird party to Page 3 of 13 interferewith such rightsoraccess.Youagreethat to confirm the suitability of the Propertyforthe the System is not a fixture,but Energy Systems construction,installation and operationof the Development has the right to file any UCC-1 financing System; statement orfixture filing that confirms its interest in (ii) approval of this Power Purchase Agreement by one the System. of Energy Systems Development's financing (h) Indemnity parties; To the fullest extent permitted by law,you shall indemnify, (iii) your meeting the applicable credit score; defend,protect,save and hold harmless Energy (iv) confirmation of rebate,tax credit and renewable Systems Development,its employees,officers, energy credit payment availability in the amount directors,agents,successors and assigns from any and used to calculate the Monthly Paymentssetforth all third party claims,actions,costs,expenses(including in this Power Purchase Agreement; reasonable attomeys'feesand expenses),damages, (v) confirmation that Energy Systems liabilities,penalties,losses,obligations,injuries, Developmentwill obtain all applicable benefits demands and liens ofany kind or nature arising out of, referred to in Section 9; connected with,relating to or resulting from your (vi) receipt of all necessary zoning,land use and negligence orwillful misconduct;provided,that nothing building permits;and herein shall require you to indemnify Energy Systems Development for its own negligence orwillful misconduct. (vii) completion ofany renovations,improvements The provisionsofthis paragraph shall survive or changes reasonably required atyour Site oron termination or expiration ofthis PowerPurchase the Property(e.g.,removal of atree or Agreement. necessaryroof repairs toenabieustosafely (i) Payments install the System). (viii) if your Site is governed by a Site owner's SUBJECT TO SECTION 4(b)ABOVE,YOU AGREE THAT associabonorsimilarcommunityorganization, THE OBLIGATIONTO PAYALL PAYMENTSANDALL your receiptof all approvals and authorizationsfor OTHER AMOUNTS DUE UNDER THIS PPA SHALL BE, the System required by that organization and ABSOLUTEAND UNCONDITIONAL UNDERALL advising us of any requirements of that organization CIRCUMSTANCES AND SHALL NOT BE SUBJECT TO thatwill otherwise impact the System,its ANYABATEMENT,DEFENSE,COUNTERCLAIM, installation oroperation. SETOFF,RECOUPMENT OR REDUCTION FOR ANY Energy Systems Development may terminate this REASON WHATSOEVER,ITBEINGTHE EXPRESS Power Purchase Agreement withoutiiabilityif,in its INTENT OF THE PARTIES THAT ALL AMOUNTS reasonable judgment,anyof the above listed PAYABLE BY YOU HEREUNDER SHALL BE,AND conditions(i)through(vii)will not be satisfied for CONTINUE TO BE,PAYABLE IN ALL EVENTS reasons beyond its reasonable control.Once Energy INCLUDING BY YOUR HEIRS AND ESTATE AND, Systems Development starts installation,however,it EXCEPTAS SET FORTH BELOW IN SECTIONS 6,22 may notterminate this Power PurchaseAgreementfor AND 23,YOU HEREBY WAIVE ALL RIGHTS YOU MAY yourfailure to satisfy conditions HAVE TO REJECT OR CANCEL THIS PPA,TO REVOKE (i)through(vii)above. ACCEPTANCE OFTHESYSTEM,ORTOGRANTA SECURITY INTEREST IN THE SYSTEM. (b) Amendments. 6. Conditions Priorto Installation of the System:Change The System's initial estimated production is setforth in Orders. this PPA.AfterSystemdesign,theestimated production is likely to change and we will share those (a) Energy Systems Development's obligation to install the changes with you prior to installation. If the estimated System and sell you the poweritproduces is conditioned production increases ordecreasesbymore than on thefollowing items having been completed to its twentypercent(20%),wewill documentthat change in reasonable satisfaction: an amendment.. (i) completion of(A)the engineering site audita You authorize Energy Systems Development to thorough physical inspection of the Property, make corrections to the utility paperworkto conform to including,ifapplicabie,geotechnicalwork),(B)the this PPA or any amendments to this PPA we both final System design,and(C)real estate due diligence sign. 7. Warranty. YOU UNDERSTANDTHATTHE SYSTEM ISWARRANTED SOLELY UNDER THE LIMITED WARRANTY ATTACHED AS EXHIBIT 2,AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED,AS TO THE MERCHANTABILITY,FITNESS FOR ANY PURPOSE,CONDITION, DESIGN,CAPACITY, Page 4 of 13 SUITABILITY OR PERFORMANCE OFTHE SYSTEM OR (3)months'priorwrittennotice.You can purchasethisSystem: ITS INSTALLATION. (i) on thefive(5)year anniversary ofthe beginning of the 8. Transfer. Term and every annual anniversary afterthe five Energy Systems Development will assign this PPA to one (5)year anniversary;and of its financing partners. You agreethatEnergy Systems (ii) at any time after the five(5)year anniversary of the Developmentmayassign,sell ortransferthe System and beginning oftheTerm,whenyousellyourSite;and this Power Purchase Agreement,or any partof this (iii) if Energy Systems Development ever ceases its Power Purchase Agreement or the exhibits,without your operations. consent. This assignmentdoes not change Energy In each of(I),(ii)and(iii)above,the price you will payforthe System Systems Development's obligation to maintain and repair will be the System's fair market value("FMV").Athird party your System as set forth in the Warranty. independentappraiserwill be retained to compute the System's FMV Energy Systems Development's maintenance and repairobiigations 9. Ownership of the System;_Tax Credits and Rebates. under the Limited Warranty(Exhibit 2)will continue when you purchas( the System until what would have been the end of the original Term. You agree that the System is Energy Systems Development's 11. Renewal.if you are in compliance with your PPA,you have personal property under the Uniform Commercial Code. You the option to renew your PPAfor up toten(10)years in two understand and agree that thisPPA isnotacontractto sell or (2)five(5)year renewal periods.We will send you renewal Energleasey Systems Development forms three(3)months priortothe expiration ofthe Term, Energy Systems Developmentownsthe System for all purposes, which forms shall setforth the new Monthly Payments due including any data generated from the System.You shall atail under the renewal PPA,based on our assessmentofthe times keep the System free and clearof all liens,claims,levies then currentfairmarketvalue ofthe System.if youwantto and legal processes not created by Energy Systems renew,complete the renewal forms and return them to us at Development,and shallatyourexpense protectanddefend least one(1)month priorto the end ofthe PPA.intheevent Energy Systems Developmentagainstthesame. thatyou do notagreetothe new Monthly Payments this YOU UNDERSTAND ANDAGREE THATANYAND ALL TAX PPAshailexpire byits terms onthe termination date.If CREDITS,INCENTIVES,RENEWABLE ENERGY CREDITS, you don'tsend us anything in writing afterwe send you the GREEN TAGS,CARBON OFFSETCREDITS,UTILITY REBATES renewal forms,then this PPAshalirenewforanadditional OR ANY OTHER NON-POWER ATTRIBUTES OF THE SYSTEM one(1)yeartermattenpercent(10%)less than the then- ARE THE PROPERTY OF AND FOR THE BENEFIT OF currentaverage rate charged by your local utility and shall ENERGY SYSTEMS DEVELOPMENT,USABLEAT ITS SOLE continue to renew for one(1)year terms at the same rateas DISCRETION.ENERGY SYSTEMS DEVELOPMENT SHALL yourfirstrenewaluntil(i)yougive usnotice atleastthirty HAVETHE EXCLUSIVE RIGHTTO ENJOYAND USE ALL (30)dayspriortoarenewaltermthatyoudonotwishtorenew; SUCH BENEFITS,WHETHERSUCH BENEFITS EXIST NOW or OR IN THE FUTURE. YOU AGREE TO REFRAIN FROM (ii)we send you a notice terminating the PPA. ENTERING I NTOANYAGREEMENTWITH YOUR UTILITY 12. SeilinuYour Site. THAT WOULD ENTITLE YOUR UTILITY TO CLAIM ANY SUCH BENEFITS.YOU AGREETO REASONABLY COOPERATE (a) if you sell your Site you can: WITH ENERGY SYSTEMS DEVELOPMENT SO THAT IT MAY (i) Transferthis Power Purchase Agreement and CLAIM ANY TAX CREDITS,RENEWABLE ENERGY the Monthly Payments CREDITS,REBATES,CARBON OFFSET CREDITS OR ANY OTHER BENEFITS FROM THE SYSTEM.THIS If the person buying your Site meets Energy Systems MAY INCLUDE TO THE EXTENT ALLOWABLE BY LAW, Development's credit requirements,then where ENTERING INTO NET METERING AGREEMENTS, permitted by the local utility,the person buying your Site INTERCONNECTION AGREEMENTS,AND FILING can sign a transfer agreement assuming all of your RENEWABLE ENERGY/CARBON OFFSET CREDIT rights and obligations underthis Power Purchase REGISTRATIONS AND/OR APPLICATIONS FOR REBATES Agreement. FROM THE FEDERAL,STATE OR LOCAL GOVERNMENT ORA (ii) Move the System to Your New Site LOCAL UTILITY AND GIVI NG THESE TAX CREDITS, Where permitted by the utility(s),the System can be RENEWABLE ENERGY/CARBON CREDITS,REBATES OR moved to your new Site pursuantto Section 4 of the OTHER BENEFITS TO ENERGY SYSTEMS DEVELOPMENT. Limited Warranty.You will need to provide the same rights to Energy Systems Developmentas provided forin this PPAand provide any third partyconsentsor 10. Purchasing the System Prior tothe End ofthe Term. releasesrequiredbyEnergy Systems Development In additionto purchasing the System atthe end of the Term,you in connection with the substitute premises. have the option to purchasethe System priorto the end of the (iii)PrepaythisPowerPurchaseAgreementand Term asdetailed below.To exercisethisoption you mustbein Transfer only the Use of the System good standing underthis Power Purchase Agreement and you Atanytimeduring theTerm,you can prepaythis need to give us at least one(1)month's,but not more than three Power Purchase Agreement in full by paying Energy Page 5 of 13 Systems Development the expected remaining (b) If there is loss,damage,theft,destruction or a similar occurrence payments(estimated future production during the affecting the System,and you are not in default of this PPA,you restoftheTerm multiplied bythe average kWh shall continue to timely make all Monthly Payments and pay all rate during the restof the Term)at afive percent other amounts due under the PPA and,cooperatewith Energy (5%)discount rate.The person buying your Site Systems Development,at Energy Systems Development's sole cc: will only need to sign a transferagreementto and expense,to have the System repaired pursuant to the limited assume yourrights and non-Monthly Payment Warranty. obligationsunderthisPPA.The System stays at your Site,the person buying your Site does not 14. Limitation of Liability. make any Monthly Payments and has only to (a) No Consequential Damages complywith the non-Monthly Payment portions ENERGY SYSTEMS DEVELOPMENT'S LIABILITY TO YOU ofthis PPA. UNDER THIS POWER PURCHASEAGREEMENTSHALLBE (iv)Purchase the System(see Section 10) LIMITEDTO DIRECT,ACTUAL DAMAGES ONLY.YOU AGREE (b) You agreetogive Energy Systems Development THATINNO EVENT SHALL EITHER PARTY BE LIABLE TO THE atleastfifteen(15)daysbutnot more than three(3) OTHER FOR CONSEQUENTIAL,INCIDENTAL,PUNITIVE, months pdorwritten notice if you want someone to EXEMPLARY,SPECIAL OR INDIRECT DAMAGES. assume yourPPAobligations.In connection with (b)Actual Damages this assumption,you,your approved buyerand Energy Systems Development shall execute a EXCEPT FOR CLAIMS UNDER SECTION 5(H),NEITHER written transfer of this PPA. PARTY'S LIABILITYTO THE OTHERWILL EXCEED AN (c) If you sell your Site and can't complywith any of AMOUNT EQUAL TOTHE MAXIMUM AMOUNTTHAT the options in subsection(a)above,you will be in COULD BE PAYABLE BYYOU UNDERSECTION 16(H). default under this Power Purchase Agreement. DAMAGES TOYOUR SITE,BELONGINGSOR PROPERTY Section 12(a)includes a Site sale by your estate RESULTING FROM THE INSTALLATION OR OPERATION OF or heirs. THE SYSTEM ARE COVERED IN SECTION 6(C)OF THE LIMITED WARRANTY. (d) Free Assumability.This agreement is free of any restrictions 15. Default. that would prevent the Site owner from freely transferring You will be in default under this Power Purchase Agreement if any one theirSite("Property").Energy Systems Developmentwill of the following occurs: notprohibitthe sale,conveyance orrefinancing ofthe Property.Energy Systems Development may chooseto (a) you fail to make any payment when it is due and such file in the real estate records a UCC-1 financing statement failure continues for a period of thirty(30)days; ("Fixture Filing")that preserves their rights in the System. (b) you fail to perform any material obligation that you have The Fixture Filing isintendedonlytogivenoticeofits rights undertaken in this PPA(which includes doing something relating to the System and is not a lien or encumbrance you have agreed nottodo,likealterthe System)and such against the Property.Energy Systems Development shall failure continues fora period of fourteen(14)days after explain the Fixture Filing to any subsequent purchasers of written notice; the Propertyand anyrelated lenders as requested.Energy Systems Developmentshallalsoaccommodate (c) you oryourguarantorhaveprovidedanyfalseor misleading financial r information to obtain this reasonable requests from lenders or title companies to Agreement; facilitate a purchase,financing or refinancing of the Power Purchase Agrreement; Property. (d) you assign,transfer,encumber,sublet or sell this PPA or (e) EXCEPTAS SET FORTH INTHIS SECTION,YOUWILL any part of the System without Energy Systems NOTASSIGN,SELL,PLEDGE OR INANYOTHERWAY Development's priorwritten consent;or TRANSFER YOUR INTEREST IN THE SYSTEM OR THIS (e) you or any guarantor makes an assignment for the benefit PPAWITHOUT OUR PRIOR WRITTEN CONSENT,WHICH of creditors,admits in writing its insolvency,files orthere is SHALL NOT BE UNREASONABLY WITHHELD. filed againstyou or it a voluntary petition in bankruptcy, is adjudicated bankruptor insolvent orundertakes or experiences any substantially similar activity. 13. Loss or Damage. 16. Remedies in Case of Default. (a) Unless you are grossly negligent,you intentionally damage the If this Power Purchase Agreement is in default,we may take System,ordamage orlossto the System is caused by ball strikes,Energy Systems Developmentwill bearall ofthe risk any oneormoreofthefollowingac6ons.Ifthelawrequiresus of loss,damage,theft,destruction orsimilaroccurrenceto todoso,wewillgiveyounoticeandwaitanyperiodoftime anyoralloftheSystem.Exceptasexpresslyprovidedinthis required before takinganyoftheseactions.We may: PPA,no loss,damage,theft ordestruction will excuse you (a) terminate this PPA; from your obligations under this PPA,including Monthly Payments. (b) take any reasonable action to correct your default or to Power Page 6 of 13 prevent our loss,anyamountwe paywill be added to JUDGEORJURY. the amountyou owe us and will be immediately The laws of the state where your Site is located shall govern this PPA due; withoutgivingeffecttoconflictoflawspdnciples.Weagree that any (c) require you,at your expense,to return the System dispute,claim or disagreement between us(a"Dispute")shall be or make it available to us in a reasonable resolved exclusively by arbitration. manner; The arbitration,including the selecting of the arbitrator,will be (d) proceed,by appropriate court action,to enforce administered by JAMS,under its Streamlined Arbitration Rules(the performance of this PPA and to recover damages "Rules")by a single neutral arbitratoragreedon bythe parties within foryourbreach; thirty(30)days of the commencement of the arbitration. (e) disconnect,tum off ortake back the System by legal The arbitration will be governed by the Federal Arbitration Act(Title 9 of process orself-help,butwe may notdisturbthe the U.S.Code).Either party may initiate the arbitration process byflling peace orviolatethe law; the necessaryformswith JAMS.To learn more about arbitration,you can call any JAMS office or review the materials at www.jamsadr.com. (f) report such non-operational status of the System to The arbitration shall be held in the location that is mostconvenientto your utility,informing them that you are no longer yourSite.IfaJAMS officedoesnotexist within 50(fifty)miles of your net metering; Site,then we will use another accredited arbitration providerwith office (g) charge you a reasonable reconnection fee for close to your Site. reconnecting the Systemtoyourutilityortuming If you initiate the arbitration,you will be required to pay the first yourSystem backon afterwe disconnect or tum off $125ofanyfilingfee.Wewill pay anyfiling fees in excessof$125 and the System due to your default; we will pay all ofthe arbitration fees and costs.lfwe initiate the (h) recover from you(i)a payment equal to the purchase arbitration,we will pay all of the filing fees and all of the arbitration fees and costs.We will each bear all of our own attomey'sfeesand price ,l techa charges, p agreementrestaplus i)all costs exceptthat you are entitled to recover yourattomey's feesand taxes,late charges,penalties,intere and owing;d all or costs ifyou prevail in the arbitration and the award you receive from anyothersumsthenaccruedordue and owing;or the arbitrator is higher than Energy Systems Development's last (i) use any other remedy available to us in this PPA or written settlementoffer.When determining whetheryour award is by law. higher than Energy Systems Development's last written settlement We may submit to credit reporting agencies(credit offer your attorney's fees and costs will not be included. bureaus)negative creditreportsthatwould be reflected Only Disputes involving you and Energy Systems Development may on your credit record if you do not pay any amounts due be addressed in the arbitration.Disputes must be brought in the name under this PPA as required. of an individual person or entity and must proceed on an individual You agree to repay usfor any reasonable amountswe (non-class,non-representative)basis.The arbitratorwill not award payto correctorcoveryourdefault.You also agreeto reliefforor against anyone who is nota party.If eitherof us reimburseusfor anycostsand expenseswe incur arbitrates a Dispute,neitherof us,nor any other person,may relating tothe System's return resulting from early pursuethe Dispute in arbitration as a classaction,classarbitration, termination.By choosing any one or more of these private attorney general action or other representative action,nor may remedies,Energy Systems Development does not give any such Dispute be pursued on yourorourbehalf in anyli0gation in up its right to use another remedy.By deciding not to use any court.Claims regarding any Dispute and remedies sought as part of a class action,class arbitration,private attomey general or other any remedy should this representative action are subject to arbitration on an individual(non- Purchase Agreement be in default,Energy Systems class,non-representative)basis,and the arbitrator may award relief Development does not give up our right to use that remedy in case only on an individual(non-class,non-representative)basis.This of a subsequent default. means that the arbitration may not address disputes involving other 17. System Removal;Return. persons with disputes similarto the Disputes between you and Energy Systems Development. AttheendoftheTermortheterminationofthisPPA,ifyou have The arbitrator shall havethe authorityto award anylegal or not renewed this PPA or exercised your purchase option(if any) equitable remedy or relief that a court could order or grant andyou have not defaulted,then within ninety(90)days you under this agreement.The arbitrator,however,isnot agree to call Energy Systems Development at the telephone number listed in Section 7 of Exhibit 2 to schedule a convenient authorized to change or alterthe terms of this agreement or to time for Energy Systems Development to remove the System make any award that would extend to anytransactionother from your Site at no cost to you. than yours.All statutes of limitations that are applicable to any dispute shall apply to any arbitration between us.The 18. Applicable Law;Arbitration. arbitratorwill issue a decision or award inwriting,briefly PLEASE READ THIS SECTION CAREFULLY.ARBITRATION statingtheessentialfindingsoffactand conclusionsof law. REPLACES THE RIGHT TO GO TO COURT,INCLUDING THE BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL RIGHTTOAJURYAND THE RIGHTTO PARTICIPATE IN A DISPUTES,NEITHER OF US WILL HAVE THE RIGHT TO CLASS ACTION OR SIMILAR PROCEEDING.IN ARBITRATION, LITIGATE THAT DISPUTE IN COURT,ORTO HAVEAJURY A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A Page 7 of 13 TRIAL ON THAT DISPUTE,OR ENGAGE IN AWARDS.OTHER RIGHTS THAT YOU OR WE WOULD HAVE DISCOVERY EXCEPTAS PROVIDED FOR IN THE IN COURT MAYALSO NOT BE AVAILABLE IN ARBITRATION. RULES.FURTHER,YOU WILL NOT HAVETHE RIGHT 19. Waiver. TO PARTICIPATE ASA REPRESENTATIVE OR MEMBER OFANY CLASS PERTAINING TOANY Anydelayorfailureofapartytoenforce anyoftheprovisions DISPUTE.THE ARBITRATOR'S DECISION WILL BE of this PPA,including butnotlimitedtoanyremedieslisted in FINAL AND BINDING ON THE PARTIES AND MAYBE this PPA,orto require performance bytheother partyof any ENTERED AND ENFORCED INANY COURT HAVING of the provisions of this PPA,shall not be construed to(i)be a JURISDICTION,EXCEPTTOTHE EXTENT IT IS waiverof such provisions ora party's righttoenforcethat SUBJECT TO REVIEW IN ACCORDANCE WITH provision;or(ii)affect the validity of this PPA. APPLICABLE LAW GOVERNING ARBITRATION 20. Privacy/Publicity YougrantEnergy Systems Development the rightto I haveread this PowerPurchaseAgreementandthe Exhibits publicly use,display,share,and advertise the intheir entirety and I acknowledge that I have received a photographic images,Projectdetails,price and any other complete copy of this Power Purchase Agreement. non-personally identifying information ofyourProject. Energy Systems Development shall not knowingly release Customer's Name:CUSTOMER any personally identifiable information about you or any data associating you with the Project location.You may opt-out ofthese publicity rights bygiving us written notice and mailing it to:Energy Systems Development Attention: Signature: 5420 Douglas Blvd Suite F Granite Bay Ca 95746. 21. Notices. Date: All notices under this PPA shall be in writing and shall be by personaidelivery,facsimiletransmission,electronicmail, overnight courier,orcertified orregistered mail,return receipt requested. Energy Systems Development: 22. Entire Agreement;Changes. This PPA contains the parties'entire agreement regarding Signature: thesale and purchase of powergenerated bythe System. Stuart Chang Thereareno otheragreementsregardingthisPPA, Date: eitherwrittenororal.Any changetothisPPAmustbein writing and signed byboth parties.Ifanyportion ofthis PPA isdetermined to be unenforceable,the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. 23. NOTICE OF RIGHT TO CANCEL. YOU MAY CANCELTHIS CONTRACTATANY TIME PRIORTO MIDNIGHT OF THE THIRD BUSINESS DAYAFTER THE DATE YOU SIGN THIS CONTRACT. ADDITIONAL RIGHTS TO CANCEL. IN ADDITION TO ANY RIGHTS YOU MAY HAVE TO CANCEL THIS PPA UNDER SECTION 22,YOU MAY ALSO CANCEL THIS PPA AT NO COST AT ANY TIME PRIOR TO COMMENCEMENT OF CONSTRUCTION ON YOUR SITE. 24. Pricing The pricing in this PPA isvalidfor90 days after 1/15/2019.Ifyou don't sign this PPA and return itto uson orpriorto 90 days after 1/15/2019,Energy Systems Development reserves the right to reject this PPA unless you agree to ourthen current pricing. Page 8 of 13 EXHIBIT 1 BUY OUT OPTIONS After TEN(10)full years from the Actual Commercial Operation Date,Buyer may, in its sole and discretion,buy the Generating Facilities and terminate this Agreement without liability of any kind other than for previously-accrued obligations,and the Buyout Payment. Buyer may exercise this right on an annual basis by giving Seller notice at least ninety(90)days prior to the following anniversary of the Actual Commercial Operation Date and paying the Seller the Buyout Payment on or before the anniversary of the Actual Commercial Operation Date. Buyout Payment:The Buyout Payment shall be the Chart below or fair market value,whichever is greater. ChartlB, PPA Purchase O tion chart Year Buy Out Transfer Fee Toted 1 $ - $ 1,000 $ 11000 2 $ $ 11000 $ 11000 3 $ $ 11000 $ 11000 4 $ $ 11000 $ 1,000 5 $ $ 1,000 $ 1,000 6 $ $ 1,000 $ 11000 7 $ $ 1,000 $ 1,000 a $ $ 1,000 �'_ $ 1,000 9 $ $ 11000 $ 1,000 10 $ 200,394 $ 1,000 $ 201,394 11 $ $ 11000 $ 1,000 12 $ $ 1,000 $ 11000 13 $ $ 11000 $ 11000 14 ; $ $ 11000 i, $ 11000 15 $ 59.641 $ 11000 $ 60,641 15, $ $ 11000 $ 1,000 . 1? $ $ 11000 $ 11000 18' $ $ 11000 $ 11000 19 $ $ 11000 $ 1,000 20, $ 23,856 $ 1,000 $ 24,856 27 $ 19,085 $ 1.000 $ 20,085 23 $ 15,268 $ 11000 $ 16,268 23 $ 12,214 $ 11000 $ 13,214 24 $ 9,771 $ 1,000 $ 10,771 25 $ 7,817 $ 1,000 $ 8,817 If Buyer does not agree with purchase price an independent appraiser shall be retained as described below: (i)Within 30 days of the Buyer's delivery of notice provided under 2.3(a)above,Buyer and Seller shall confer and agree on an independent appraiser with experience and expertise in the renewable energy sector. (ii)If Seller and Buyer do not agree upon the appointment of an independent appraiser within such thirty(30)days,then at the end of such period,Seller and Buyer shall notify each other in writing of their respective designation of three proposed independent appraisers.Seller and Buyer shall each within five(5)Business Days of receipt of such notice strike two of the proposed independent appraisers designated by the other party and shall provide notice of the same to the other party.The remaining two proposed independent appraisers shall,within two(2) Business Days of the last-received notice, select one of themselves to perform the valuation and provide notice thereof to Seller and Buyer. (iii)Seller and Buyer shall each be responsible for payment of one-half of the costs and expenses of the independent appraiser Page 9 of 13 ESD Solar Pourer Purchase Agreement 2017 version 5420 Dougtas Btvd Suite F Granite Bay Ca.95746 T(916)772-4936 EXHIBIT 2 PERFORMANCE GUARANTEE AND LIMITED WARRANTY 1. INTRODUCTION This Performance Guarantee and Limited Warranty(this"Limited Warrant)")is Energy Systems Development's agreement to provide you warranties on the System you are hosting pursuant to our PPA.The System will be professionally installed by Energy Systems Development at the address you listed in the PPA.We will referto the installation location as your"Property"or your"Site."This limited Warranty begins when we start installing the System at your Site. We look forward to helping you produce clean,renewable solar power at your Site. 2. LIMITED WARRANTIES (a) Limited Warranties Energy Systems Development warrants the System as follows: (i) System Warranty During the entire Power Purchase Agreement Term,under normal use and service conditions,the System will be free from defects in workmanship or defects in,or a breakdown of,materials or components(the"System Warranty"); (ii) Roof Warranty When we penetrate your roof during a System installation we will warrant roof damage we cause due to our roof penetrations. This roofwarrantywillrunthelongerof(A)one(1)yearfolloWngthecomplebonoftheSysteminstallation;and(B)thelengthofany existing installation warranty or new Site builder performance standard for your roof(the"Roof Warranty Period");and (iii) Repair Promise During the entire PowerPurchaseAgreementTerm,Energy Systems DevelopmentwillhonortheSystemWarrantyandwill repairor replace any defective part,material or component or correct any defective workmanship,at no cost orexpense to you (including all labor costs),when you submit a valid claim to us underthis Limited Warranty. If we damage your Site,your belongings or your Property we will repairthe damage we cause or pay you forthe damagewe cause as described in Section 6.Energy Systems Development may use new or reconditioned parts when making repairs or replacements.Energy Systems Development may also,at no additional cost to you,upgrade or add to any part of the System to ensure that it performs according to the guarantees set forth in this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Energy Systems Development's discretion. (b) Warranty Length (i) ThewarrantiesinSections2(a)(i)and2(aKiii)abovewillstartwhenwebegin installing the System atyourSiteandcontinue through the entire Power Purchase Agreement Term.Thus,for as longus you host the System from Energy Systems Development under a PPA,you will have a System Warranty and our Repair Promise. (ii) The Roof Warranty Period may be shorter than the System Warranty,as described in Section 2(a)(ii)above. (iii) If you have assumed an existing PPA,or purchased the System during the Term of your PPA,then this Limited Warranty will cover you for the remaining balance of the existing PPA Term. (c) Performance Warranties and Guarantee (i) Performance Guarantee Energy Systems Development guarantees that during the Power Purchase Agreement Term the System will operate within manufacturer's specifications and if it does not that Energy Systems Development will repairor replace any defective part and restore System performance. (ii) Solar Monitoring During the PowerPurchaseAgreementTerm,wewill provideyouatnoadditionalcostourSolarMonitoringService("Monitoring"). Monitoring is nonproprietary monitoring system designed and installed by Energy Systems Developmentthatcapturesanddisplays historical energy generation data over an Internet connection and consists of hardware located on site and software hosted by Energy Systems Development.If your System is not operating within normal ranges,Monitoring will alert us and we will remedy any material issues promptly. Page 10 of 13 ESD Solar Pourer Purchase Agreement 2017 version 5420 Douglas Blvd Suite F Granite Bay Ca.95746 T(916)772-4936 (iv) OutputWarranty The System's rated electrical output during the first ten(10)years of the Power Purchase Agreement Term shall not decrease by more than fifteen percent(15%). (d) Maintenance and Operation (i) General When the System is installed,Energy Systems Developmentwill provideyouwitha SolarOperation Manual.ThisMaxdprovidesyou with System operation instructions,answers to frequently asked questions,troubleshooting tips and service information. Energy Systems Development will perform all required System maintenance. (ii) Monitoring Monitoring requires a high speed Internet line to operate.Therefore,during the Power Purchase Agreement Term,you agree to maintain the communication link between Monitoring and the System and between Monitoring and the Internet. You agree to maintain and make available,at your cost,a functioning indoor Internet connection with a router,one DHCP enabled Ethernet port with intemet access and standard AC power outlet close enough and free of interference to enable an intemet-connected gateway provided by Energy Systems Developmeritto communicatewirelesslywith the system's inverter(typicallythis is 80feet,but maydepend on site conditions). This communication link must be a 10/100 Mbps Ethernet connection that supports common Internet protocols(TCP/IP and DHCP).Ifyou do nothave and maintain aworking high speed Intemetlinewe will not be ableto monitorthe System and provideyouwitha performanceguaranteeorprovideMonitodng.Further,if Monitoring is notoperational,Energy Systems Developmentwillbe required to estimate your power usage as set forth in the PPA. (e) Making a Claim;Transferring this Warranty (i) Claims Process You can make a claim by: A. emailing us at the email address in Section 7 below; B. writing us a letter and sending it overnight mail with a well-known service;or C. sending us a fax at the number in Section 7 below. (ii) Transferable Limited Warranty Energy Systems Development will accept and honorany valid and properly submitted Warranty claim made during any Term by any person who either purchases the System from you orto whom you properly transferthe PPA. (f) Exclusions and Disclaimer The limited warranties and guarantee provided in this Limited Warrantydo not apply to any lost power production or any repair,replacement or correction required due to the following: (i) someone otherthan Energy Systems Development or its approved service providers installed,removed,re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by Energy Systems Development or its approved service providers while servicing the System(e.g.,if a tree falls on the System we will replace the System per the Power Purchase Agreement,but we will not repay you for power it did not produce); (iii) yourfailuretoperform,orbreachof,yourobligationsunderthePowerPurchaseAgreement(e.g.,youmodifyoraftertheSystem); (iv) your breach of this Limited Warranty,including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem; (v) any Force Majeure Event(as defined below); (vi) shading from foliage that is new growth oris not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect(e.g.,the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non-shaded area); (viii) theft of the System(e.g.,if the System is stolen we will replace the System per the Power Purchase Agreement,but we will not repay you for the power it did not produce);and Page 11 of 13 ESD Solar Power Purchase Agreement 2017 version 5420 Douglas Blvd Suite F Granite Bay Ca.95746 T(916)772-4936 (ix) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights,and you may also have other rights which vary from state to state.This Limited Warranty does not warrant any specific electrical performance of the System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms.Accumulated snow or ice may slide or fall,resulting in property damage or bodily harm.If and when conditions safely allow you to remove accumulated snow or ice,you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a)and(c)ABOVEARE THE ONLY EXPRESS WARRANTIES MADE BY ENERGY SYSTEMS DEVELOPMENT WITH RESPECT TO THE SYSTEM. ENERGY SYSTEMS DEVELOPMENT HEREBY DISCLAIMS,AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBYWAIVES,ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. 3. ENERGY SYSTEMS DEVELOPMENT'S STANDARDS Forthe purpose of this Limited Warranty the standards forour performance will be(i)normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market;and(ii)Prudent Electrical Practices. "Prudent Electrical Practices"means those practices,as changed from time to time,that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in the United States to operate electric equipment lawfully and with reasonable safety,dependability,efficiency and economy. 4. SYSTEM REPAIR,RELOCATION ORREMOVAL (a) Repair.You agreethatif(i)theSystemneedsanyrepairsthatarenottheresponsibilkyofEnergy Systems Developmentunderthis Limited Warranty,(ii)the system needs to be removed and reinstalled to facilitate remodeling of your Site or(iii)the system is being relocated to another Site you own pursuant to the Power Purchase Agreement,you will have Energy Systems Development,or another similarly qualified service provider,at your expense,perform such repairs,removal and reinstallation,or relocation. (b) Removal/Moving. Energy Systems Development will remove and replace the System from your roof while roof repairs are being made fora paymentof$1499.YouWllneedtoprovidestoragespacefortheSystemdudngsuchtime.WherepermiftedunderthePPA, Energy Systems Developmentwillworkwithyouto movethe SystemtoyournewSkeasfollows:(i)Energy Systems Development wiliconductanaudftofyourexistingSiteandnewSitetodetermineffa move is commercially feasible. This audit will cost$1499. If Energy Systems Development determines that a move is commercially feasible,it will then move the System for an additional payment of$1499. (c) Return.IfattheendoftheTermyou wanttoretumtheSystemtoEnergy Systems DevelopmentunderSection17ofthePPAthen Energy Systems Developmentwill removethe System at no cost to you. Energy Systems Development will remove the posts, waterproof the post area and return the roof as close as is reasonably possible to its original condition before the System was installed(e.g. ordinarywear and tear and celorvadances due to manufacturing changes are excepted). Energy Systems Development will warrant the waterproofing for one(1)year after it removes the System. You agree to reasonably cooperate with Energy Systems Development in removing the System including providing necessary space,access and storage,and we will reasonably cooperate with you to schedule removal in a time and manner that minimizes inconvenience to you. 5. FORCE MAJEURE If Energy Systems Development is unable to perform all orsome of its obligations underthis Limited Warranty because of a Force Majeure Event, Energy Systems Development will be excused from whatever performance is affected by the Force Majeure Event,provided that: (a) Energy Systems Development,as soon as is reasonably practical,gives you notice describing the Force Majeure Event; (b) Energy Systems Development's suspension of its obligations is of no greaterscope and of no longerduration than is required by the Force Majeure Event(i.e.,when a Force Majeure Event is over,we will make repairs);and (c) No Energy Systems Development obligation that arose before the Force Majeure Event that could and should have been fully performed before such Force Majeure Event is excused as a result of such Force Majeure Event. "Force Majeure Event"means any event,condition or circumstance beyond the control of and not caused by Energy Systems Development's fault ornegligence. Itshall include,withoutlimitation,failure orinterruption ofthe production,deliveryoracceptance ofpowerdue to:an actofgod; war(declared or undeclared);sabotage;riot;insurrection;civil unrestordisturbance;military or guerilla action;terrorism;economic sanction or Page 12 of 13 ESD Solar Power Purchase Agreement 2017 version 5420 Dougtas Blvd Suite F Granite Bay Ca.95746 T(916)772-4936 embargo;civil strike,workstoppage,slow-down,orlock-out;explosion;fire;earthquake;abnormalweatherconditionoractionsofthe elements;hurricane;flood;lightning;wind;drought;the binding orderof any governmental authority(provided that such orderhas been resisted in good faith by all reasonable legal means);thefailureto acton the partof anygovemmentalauthority(providedthatsuchactionhasbeentimely requested and diligently pursued);unavailability of powerfrom the utilitygrid,equipment,supplies or products(but not to the extent that any such availability of any of the foregoing results from Energy Systems Development's failure to have exercised reasonable diligence);powerorvoltage surge caused by someone otherthan Energy Systems Development including a grid supply voltage outside of the standard range specified by your utility;and failure of equipment not utilized by Energy Systems Development or under its control. 6. LIMITATIONS ON LIABILITY (a) No Consequential Damages YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSEAMOUNTS DUE PURSUANT TO SECTIONS 2(c)AND 6(C) UNDER THIS LIMITED WARRANTY,AND IN NO EVENT SHALL ENERGY SYSTEMS DEVELOPMENT OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU ORYOURASSIGNS FOR SPECIAL,INDIRECT,PUNITIVE,EXEMPLARY,INCIDENTALOR CONSEQUENTIAL DAMAGES OF ANY NATURE.SOME STATES DO NOTALLOWTHE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) Limitation of Duration of Implied Warranties ANY IMPLIED WARRANTIES,INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYARISING UNDER STATE LAW,SHALL IN NO EVENT EXTEND PASTTHE EXPIRATION OFANY WARRANTY PERIOD IN THIS LIMITED WARRANTY.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (c) Limit of Liability Notwithstanding any other provision of this Limited Warrantyto the contrary,Energy Systems Development's total liabilityarising out of relating to this Limited Warranty shall in no event: (i) For System Replacement: exceed the greaterof(a)the sum of the Monthly Payments overthe Term of the Power Purchase Agreement and(b)the original cost of the System;and (ii) For damages to your Site,Belongings and Property: exceed two million dollars($2,000,000). 7. NOTICES All notices underthis Limited Warranty shall be made in the same manner asset forth in the Power Purchase Agreement to the addresses listed below: TO ENERGY SYSTEMS DEVELOPMENT: Energy Systems Development LLC 5420 Douglas Blvd. Suite F Granite Bay Ca 95746 Telephone:916-772-4936 Facsimile: 916-880-5698 Email: STU@ESDevelop.com TO YOU: At the billing address in the Power Purchase Agreement or any subsequent billing address you give us. 8. ASSIGNMENT AND TRANSFER OF THIS LIMITED WARRANTY Energy Systems Development may assign its rights or obligations underthis Limited Warranty to a third party without your consent,provided that any assignment of Energy Systems Development's obligations under this Limited Warranty shall be to a party professionally and financially qualified to perform such obligation. This Limited Warranty protects only the person who hosts the System. Your rights and obligations underthis Limited Warranty will be automatically transferred to any person who purchases the System from you or to whom you properly transferthe Power Purchase Agreement.This Limited Warranty contains the parties'entire agreement regarding the limited warranty of the System. Page 13 of 13 ESD Solar Povre;Purchase Agreement 2017 version 5420 Douglas Blvd Suite F Granite Bay Ca.95746 T(916)772.4936 January 30, 2019 ENERGY SYSTEMS DEVELOPMENT It is our understanding that the Tiburon Police Department is looking for a carport that fits better with the building it will be in front of. Fogg g V+1+ ESD can add elements to the steel structure to bring it more in line. First we can sandwich the beams with wood beams like the ones pictured b s`t We would also cap the edges of the columns. Top View � II' �.,�_-",�,,,,...•� � Wood Column Energy Systems Development-5420 Douglas Blvd-Suite F•Granite Bay-Ca-95746 Te1916.772.4936 All of the structure would be painted white to give it a more natural look. The carport will also have a hard lid to give the officers more protection from the weather. ,AAAI, ,k Ik Energy Systems Development-5420 Douglas Blvd*Suite F•Granite Bay Ca•95746 Te1916.772.4936 ACCESS DRIVE / TO BUILDING t - \o ..� �rr f BICYCLE L '(QST REPAIR/INFO � �u =NCE IICSI ' STORAGE BUILD IN' �\ FFE 60" ADA TURNING � J \ � 1 r d AREA,-ALL PAVING TO BE <2% ALL DIRECTIONS EXISTING RESTROOM EXISTING , PLANTING ' 0 � � NV�d EXHIBIT NO. Report to the Town of Tiburon 9 . ........... Ilk { Contents SECTION 1: Introduction and Summary of Andings........................I SECTION 2: Specs Requirement SECTION Conceptual Soluffl n 1 SECTION 4: Conceptual Statement of Probable Cost...................... 31 APPENDI A: Space Standards......................................................A- Section Introduction and Summary of Findings • iffl� � Performed a physical survey of the site to verify functions for each building/structure as a basis i for comparing existing space versus future space `z requirements. ■ Conducted interviews with Tiburon staff to -0A, verify both Tiburon Corporate Yard's and RBSD's existing staffing levels and hierarchical structures, and to explore ideas of how each area may grow or contract in the future as the operation evolves. This resulted in a future staffing projection that served as the basis for our Introduction space projections. The. Town ofTiburon (Tiburon) has requested M Tabulated operating assumptions for the that Griffin Structures conduct an assessment to identified offices, shops, and storage areas. determine the viability of replacing its corporate yard facilities. The existing corporate yard has reached 0 Based on the operations assumptions above, its useful life and it is now time to explore ideas for computed the required space for each of replacing facilities, improving current work flow the shops and operational areas (including efficiencies,and planning for future operational goals. administration). This task included interviews with representative staff to understand the The object of this needs assessment was to develop a building usage, types of equipment, special space program which identifies facility requirements storage, and other needs to be accommodated. for a future corporate yard. This included discussions with staff related to existing and future operational Determined the space needs associated with practices, material storage technologies, and other projected vehicle and rolling stock requirements, critical impacts on facilities.Additionally,Tiburon was material bins, materials receiving and also interested in exploring the potential integration deployment, and other outdoor elements needed of the Richardson Bay Sanitary District(RBSD)and in support of those operations. its corporate yard.After identifying the future space program, our Team converted the data into a visual Established appropriate allowances for employee representation with development of concept site plan parking,visitor parking, and related areas. and floor plan options. The last step included total project cost estimates with accompanying budget For the future yard as a whole, identified and schedule assumptions, providing Tiburon with a recommended central support and staff amenity series of options to consider. areas, as appropriate for these operations. Scope of Work Explored the future space requirements and fleet requirements for the Richardson Bay Sanitary To accomplish the services required for Tiburon's District's corporate yard facilities by employing a Corporate Yard Needs Assessment we performed the similar process as noted above with abbreviated following tasks: site tours, and discussions with Tiburon to I determine the appropriate future space needs for the existing site can accommodate Tiburon's future the RBSD. program requirements. ■ Prepared a series of conceptual solutions for the Table 1. on the following page identifies the space approved building program, to demonstrate how requirements summary for the areas included in facilities can be arranged to optimize work flow, our scope of work. Please note that Table 1 does not and site opportunities/constraints. include the space required to accommodate fleet and small equipment and site circulation (included as ■ Developed a conceptual statement of probable part of the design layouts). Space requirements for cost based on the building program and fleet and small equipment are tabulated in a separate conceptual solutions to represent the all inclusive table. Both of these worksheets can be found in cost for building, designing and outfitting the Section 2 of this report.. facilities. Conceptual Statement of Probable Cost Summary of Findings Understanding that RBSD would not be part of Our assessment determined that due to the program a future solution,we prepared cost estimates for requirements and site constraints, the current Tiburon's future program on the existing site. Based corporate yard site cannot accommodate both on the space requirements, the reviewed conceptual Tiburon's and RBSD's future operational needs. To plans, and discussions with Town staff, our team has accommodate both agencies' future operational needs prepared a conceptual estimate of probable cost to in a single, consolidated facility, a larger site would be develop a new Corporate Yard facility. required. Refer to Section 3 for a complete discussion of the methodology used to determine the feasibility The conceptual statement of probable costs, to and size of a single consolidated facility. However, deliver the new Corporate Yard facility including r s t i a x the facility, site, and associated parking areas ranges represented do not account for expenses such as the from$15M to$18M depending on the conceptual acquisition of land, hazardous materials, or other option selected. Since the design is conceptual in unknown factors. nature, these estimated costs have been developed to provide insight for decision making purposes. It is intended that.these budgets will be refined as the design process continues, however the numbers provided may be relied on for planning and order of magnitude budgeting purposes. The costs Table 1 - Summary of Space Requirements Tiburon Corporate Yard B 0 Tiburon Corporate Yard Public Works Administration Administration Areas 675 10 1,160 14 1,550 Unit Circulation 137 232 310 Net-to-Gross Building Addition incl.in above 348 465 Gross SF:Administration 137 - 580 - 775 Central Employee Facility Support Areas(Mud&Locker Rooms,Lavatory,&Shower) 653 1,405 1,578 Unit Circulation 163 281 316 Net-to-Gross Building Addition incl.in above 422 473 Gross SF:Central Employee Facility 816 2,108 2,367 Shop Areas Facilities Maintenance 195 240 240 Parks Maintenance 561 700 700 Street Maintenance 767 867 w 867 Flammables and Small Tools 241 345 345 Richardson Bay Sanitary District - - 800 Central Fabrication Shop 852 1,350 1,350 2,616 3,502 4,302 Unit Circulation 801 350 430 Net-to-Gross Building Addition incl.above 428 526 Gross SF:Shop Areas 3,417 4,280 5,258 Covered Areas Shared by All 2,812 3,340 3,340 Unit Circulation incl.above - - Net SF:Covered Areas 2,812 3,340 3,340 Open Areas Shared by All 140 200 200 Unit Circulation incl.above - Net SF:Open Areas 140 200 200 pc : z) acr �, t, re m e n s Tiburon Corporate Pard Operations . " °� h Ul Tiburon's Corporate Yard currently occupies nearly � 20,000 SF of space, based on plans provided by they w Town, aerial photo survey data, and an analysis of spatial information accessible through MarinMap`. The facility houses an Administrative Building for Public Works, shops for Facilities, Parks, and Street ti a maintenance, a central fabrication shop, canopied parking for fleet, and open areas for elements such I II 5II6 3 ft2 general use wash bay, as the material bins, a g , a fueling r •r: I:. island, etc. Fleet and Small equipment parking and two staff parking spots can be accommodated on the site, but all other staff must parking in an adjacent " parking lot owned by the Reed Union School District.. The layout of the facility is fairly efficient, with most s2asn L buildings placed on the perimeter of the site. This 8 type of solution is common among best practices in 69�� public works yard planning and is a recommended approach by our team. There are, however, several �� constraints on this site as well.Although the layout of the site is fairly efficient, the current facility is nearing the end of its useful life and is insufficient to adequately supports its current and future elements of each functional area and ends with operations.Additionally, the current building accumulating the requirements into blocks for each configuration could be improved to result in an unit, section, and division. increase in work flow efficiencies, Data Collection Space projection Methodology Our first step was to survey the current space use, observing the types and amount of space in use as The amount of space needed in a facility depends well as tabulating the nature of space and areas of on several factors, including the number and type of visible space deficiency or surplus. Following the staff to be accommodated, assumptions of operational survey process, we interviewed key staff regarding needs (work and training activities, types of their operations, staffing, space usage, and long-term equipment, etc.), allowances made for support areas space requirements. (such as lockers, a mud room, storage areas, etc.), shop spatial needs, and assumptions of circulation Space Standards and access within the building. The computation of these elements depend on a sequence of analyses Space standards were utilized, where appropriate, beginning with addressing smaller component to provide modular and consistent spaces 3 A Podwl(f(I grorrO of local g vee nInl.enis, special dislorls and otherpttblic aoe,w s that haoe loin(,d logelhe) to erea.le a Geographic ht/orunaliou.SYSIMI 5 throughout the facility. This involved(a)review unit circulation allowance. In more spacious designs, of existing operational requirements and working and some commercial spaces, this allowance might conditions, (b) consideration of existing and be higher. Nevertheless, we believe the figure we projected activities, (c) analysis of established have used is still appropriate to government facilities standards in other similar facilities, and (d) planning. The circulation allows for department- consideration of future trends and the needs for based circulation. flexibility and adaptability. Layout of the Data Sheets Projection of Operations and Areas Required The space requirement sheets are divided into We projected future space needs based on columns which are grouped as follows: information obtained from key personnel interviewed. In those interviews, we discuss the Line Number specific space needs of the facility to obtain an understanding of the flow of operations and increase Each line is numbered consecutively.This efficiencies where possible. We identified the types allows easy referral to any particular item in the of spaces needed for operations making note of calculation pages. administrative offices, training areas and break room areas, shops, and related support areas. In terms of facility/Department/Unit/Sub-Unit/Space Type/Item RBSD,our interviews with key Tiburon staff and our survey of the existing RBSD site formed the basis of These columns list the personnel position, room, our projections for RBSD's future operations. area, or equipment item described on that row of the data sheet. Column indents are important, Tabulation and Summary and signify that the indented items are "attached" to or incorporated as part of the element out- The requirements details were tabulated on data dented just above. sheets, provided later in this section,for each function area. These detailed sheets show the items, Space Standard the space standards used, and the projected quantity and well as square footage requirement at each of The first column identifies either a code for the the projection levels. This allows Tiburon to analyze area (such as"PO-4" for private office of type 4) the needs on a component basis, and also to examine or else identifies that a general allowance ("allow" how requirements change when consolidating RBSD's /"allowance") is used for the item. operations into Tiburon's Corporate Yard operations. ■ The second column identifies the size of the standard (or allowance), such as"180" to indicate Reading the Space Requirements Tables an allocation of 180 square feet. See the separate discussion of space standards in Appendix A for a The follm6ng pages present a guide for reading the presentation of the standards used and the codes space requirement sheets. for them. In some cases, the standard increases in time, and "varies" may appear in the size column We have utilized existing space as a baseline and to call attention to this fact. have applied standards to the list to show what space is needed for Tiburon's Corporate Yard Operations Actual SF as well as what a similar facility would require if RBSD were to be consolidated with Tiburon's future This is the existing size of the area corresponding operations. to the programmed area. In some cases, however, the program breaks down the existing area into Note that each block of required space also has a components, so that several program lines must 6 be added to arrive at the existing square footage Space Requirciiients._ "Fia tire. Need+RBSD" for a particular existing room or area. ■ This column is the same as for the "Future Space Re(pdrernents-- "Future Need" Need" calculation, but applies to the assumptions of growth or operational changes associated ■ The first column is the quantity of staff which with the corresponding projection scenario or is projected for the future. This first space projection year. computation is to determine what would be needed in the future. It's important to note that Abbreviations shop space projections are based on equipment and materials rather than being driven by staff A number of regular abbreviations may be used counts. in the space standard column and occasionally in the item description column. Refer to Table 2 ■ The second column identifies the quantity of items. below for list of most abbreviations which might appear on ehc data sheets: ■ The third column multiplies the quantity by the space standard or allowance. This is the space needed for the item described in this row. Table 2 - Most Commonly Used Abbreviations in the Space Requirements Table allow Allowance Often used to describe the allocation of a non-standard space. be Bookcase. C Conference room of various standard sizes(C-1,C-2,etc.)."Conf"also indicates a conference room which varies based on the corresponding projection scenario or projection year. ctr-stn Counter. cof Coffee station,with cabinet and plumbing for a bar sink,water supply to a coffee maker,and(typically)a garbage disposal unit. File cabinet,standard type,either of legal or letter size.A number following(f-4,f-5)indicates the number of f drawers.Generally these can be converted into lateral files or other filing configurations in the design process,if new furniture is to be acquired.We use this notation when it is of interest to indicate the type of file cabinets in use currently. Inner circulation allowance.This is space added within a room or area to provide access to the items in it.It is Inner Circ added when a room's size is based on a listing of items,and it is determined that the allowances of space for each of those items is in the aggregate likely not to have enough access space for proper lay-,out. kitchen Kitchen of various standard sizes(kitchen-1,kitchen-2,kitchen-3) lav Lavatory or wash room,typically with water closet or toilet. lat file Lateral file cabinet,typically 42"wide. PO Private office of various standard sizes(PO-1,PO-2,etc.). print Printer and/or copy work stations of various standard sizes. recept Reception area with clerical staff work stations and waiting for visitors. shv Shelving of various standard sizes. Allowance for a seating area.Seat-1 represents a seating space for 2-3 in smaller-scale chairs,and Seat-2 rep- seat resents a seating space for about 4 persons in larger-scale chairs(with side table). SPO Shared private office.An office for two or three persons. stor Storage of various standard sizes. Unit Circ This is circulation required for the unit,to access between rooms and areas.It is to be added to the open spaces of the unit,as determined during design,or else provided in lateral corridors or access ways. Data Sheet Conventions lavatories' are omitted in the"net square footage of a building; in our study, we have programmed these There are a number of conventions which we areas within a building into the net SF. Different have adopted in the listing of items on the space authors define "net" in difference ways, so care must requirements sheets that refer to how the space is to be taken to see what is included in the"gross-up" be configured. allowance. Indents The main corridors of the building, and the other areas which are not assignable to the users in the ■ Indenting indicates that the indented items are office suites, is generally part of the net-to-gross to be with or else make up the item that they are addition. The usable net SF omits major corridors, indented from. elevator shafts, mechanical shafts, exterior wall thicknesses, structural elements, mechanical and Room or Area equipment rooms, and other non-user specific elements of the building. To account for this ■ The words `room' and 'area' each mean slightly necessary addition, it is customary to use a factor different things. `Room' (or `Office,' etc.) refers by which the net square footage is increased, called, to an enclosed space, generally with a door. variously," the efficiency," or"net-to-gross," or"gross- Typically, the only rooms further opening off a up" factor for the building. `room' are closets or the like, that serve that room specifically. `Area' refers to a space through which This can be expressed as a multiplier (like 1.25, the other spaces in the unit may be accessed, and a multiplier applied to the net SF to arrive at the so can be termed `an open area.' Unit circulation, gross) or as a ratio, or percent(like 80%,the ratio of when added at the end to a unit's space, might the net SF to the final gross SF). Often,we suggest typically be added, in the design process, to the using the typical net-to-gross factor of 80% (which space requirement for the `area' so as to provide equals a multiplier of 1.25). However,there are for access aisles through it. many examples of corporate yard design in which a greater or lesser efficiency is achieved. Generally, :Inner Circulation use of simpler, linear design typically increases the efficiency. ■ Note that`Inner Circulation' differs from `Unit Circulation.' Inner Circulation is added within a Generally, we recommend that if an atrium is room or area when the list of items is sufficiently desired, it should be listed in the programmed space, complex, or otherwise when it is felt that the rather than accounted in the net-to-gross factor.This space will need some added access allowance assures that the space is properly accounted for, and for the designers to accommodate the items also gives a programmatic quantity or functional comfortably. amount for the atrium area.As a general rule, to allow for various contingencies, it is typical for space Assignable (Net)SF/ Usable Net SF/ Gross SF programmers to use lower efficiencies in the earlier planning of the building, so that the space layout In our conventions, the space allocated to listed areas team (the building designers and architects)are given and items for which space is individually assigned more latitude to work with. is called "Assigned SF".To this a"unit circulation" allowance is added, which produces the "Usable Net SF" for that unit. The unit circulation allows for interior circulation paths,which may be open or may be designed as walled inner corridors inside a unit. In some studies, building lobbies and main (public) 4 Lavatory sl5a.ce provisions ioill depeiad oncode considerations,and to some degree on the final building shape. 8 Detailed Space Requirements Table Note the detailed space requirements table does not include the space tabulated for fleet and small The following several pages present the detailed equipment. This was produced as a separate table space requirements developed for this study.As and will follow the Detailed Space Requirements requested by Tiburon, we developed—in collaboration Table. with Tiburon staff—this table to determine the space required for (1)Tiburon Corporate Yard's future operations and (2)Tiburon Corporate Yard's and RBST) Corporate Yard's future operations as a consolidated facility. f b a^ ,rr:aA`^,• - 4 we t' Tiburon Corporate Yard Needs Assessment Detailed Space Requirements Tiburon Corporate Yard 2 3 Public Works 4 5 Administration 6 r Private Office 8 Public Works Superintendent PO-5 210 153 1 1 210 1 1 210 includes guest seating for 2 and file storage space 9 Office currently includes storage closeVshelf 52 j 10 1, ( iParks&Streets Maintenance Office (SPO-5 210 301 2 1 210 ! 2 1 210 12 Includes file storage for each senior maintenance worker j v i 14 District Manager/Office Administrator SPO-5 210 - - - 2 1 210 15 16 Ooen Work Areas i i7 Crew Room conf varies end.in ane ii 1 240 1 300 seats 10-12 depending on size 18 Workstation desk 60 ind.m line u 7 1 60 9 1 60 19 Copy/Printer Area print-3 30 incl.in anew 1 30 1 30 11 20 Supply Storage allow j 50 md.in fine v 1 50 1 50 21 22 File Room 23 Workcounter w/Active Files below ctr-stn 40 84 2 80 2 80 24 Files 85 I 160 160 25 Ferry Plaza lat file 15 1 1 26 Encroachments let file 15 1 1 21 Major Subdivisions let file 15 1 1 28 Underground Utilities let file 15 2 2 29 Streets ]at file 15 2 2 30 Parks let file 15 1 1 31 Archive Plan Storage flat plan-h 40 1 1 32 33 RBSD File Room stor-2 120 - - 1 120 34 35 Other � f 36 Restroom(ADA Accessible) ADA 90, 1 90 i! 1 90 37 j Handheld Radio Charging Station allow30 1 30 ! 1 30 38 39 Administration Subtotal:Assigned SF 675 10 1,160 14 1,550 4o Unit Circulation Unit Circ-3 20% 137 232 310 4i NTG Addition ntg factor 80% incl.in above j 348 465 42 Total Gross SF 812 10 1,740 14 2,325 43 45 46 47 Central Employee Facility 48 49 stioport Areas ! 50 Kitchenette 1kitchen-3 ii20011 123 1 200 1 200 51 includes rangetop/over,fridge,dishwasher,sink,counterspace,and storage 10 Tiburon Corporate Yard Needs Assessment Detailed Space Requirements a sz s3 Training/Lunch Room conf varies 126 1 300 1 360 seats 12-16 people depending on size s4 Doubles as a lunch room ss Emergency Storage Cabinet stor-1 80 - 1 80 1 80 56 Lounge/Sleep Room PO-2 120 156 1 120 1 120 includes cabinets for sheets 57 58 Mud Room(Wet Gear) 61 59 Full-height Lockers w/bench locker-3 151 end.in me 56 10 150 13 195 60 Inner Circulation inner-circ 25% 38 49 61 62 Locker Rooms(Dry Gear) 63 Full-height Lockers w/bench locker-3 15 62 10 150 13 195 6a Uniform Exchange Area allow 40 1 40 1 40 65 Inner Circulation inner-circ 25% 48 59 66 67 Lavatory/Shower 125 [280] {280] 68 ! Bathroom Stall-Accessible staff-we-a 45! 2 90 2 90 69 1 jUrinal staff-ur 301 2 60 2 60 70 f j !Sink staff-lav 15 2 30 2 30 n Shower-Accessible sh-a 351 2 70 2 70 i 72 j Full-height Lockers w/bench locker-3 15 2 30 2 30 11 73 These lockers will be situated in one of the restrooms to function as a female locker room if necessary ]4 75 Central Employee Facility Subtotal:Assigned SF 653 - 1,405 - 1,578 76 Unit Circulation Unit Circ-3 20% 163 281 316 n NTG Addition ntg factor 80% incl.in above 422 473 78 Total Gross SF 816 - 2,108 - 2,367 79 80 81 Shop Areas 82 83 Facilities Maintenance 84 85 S110F1/Work Area 86 Janitorial Supplies shv-Ig 20 81 j 6 120 6 120 8] 83 Enclosed Storage j 89 Equipment Storage 114 120 120 90 Easy Ups allow 20 1 1 s1 Fluorescent Bulbs allow 10 1( 1 92 Tables allow 70 1 j 1 93 Chairs for Parties allow 20 1( 1 94 95 iParks Maintenance 96 97 Enclosed Sforage 98 1 Small Equipment hallow 700 561 1 700 1 700 99 1 Irrigation equipment,wall shelving 100 Weed Eaters 101 Mowers i 102 Blowers �1 Tiburon Corporate Yard Needs Assessment Detailed Space Requirements a 103 Edqers 10a Air Compressor 105 Shovels and Rakes Storage 106 Portable Generator 107 Hoses,Ladders 108 Recycled Water Tank 109Additional Storage 110 IU j 112 IStreet Maintenance 113 1Shoo/Work Areas 767 867 867 11a j j Wood Stakes Rack/Storage rack-sm 15 1 j 1 115 Concrete pallet 16 2 2 116 Straw Wattle pallet 16 2 2 117 Erosion Control 1pallet 16 2 2 118 Sandbag pallet 16 4 4 119 Asphalt Patch pallet 16 2 2 120 Wood Storage stor 50 - - 121 Trash Bins stor-2 120 1 1 122 Equipment Storage 123 Street Pal nt Storage shv 15 1 1 12a Signs,Delineators,Emergency Storage shv-lg 20 6 6 125 Cones allow 601 1 1 126 Emergency Storage shv 15 1 1 121 Equipment for Rent(delineator,cone,and barricade storage) allow 300 1 1 128 Future Additional Storage shv 15 2 2 129 130 131 Flammables and Small Tools 132 133 Shoo/Work Area 13a ISmall Tool Shop within secured cage allow 250 173 1 250 1 250 135 Workbench,steel top,and shelves 136 Small Hardware(bin,nut,bolt,etc.)shelving 137 Portable Tool Box 138 Drill Press 139 Wall Racking System/Peg Board Panelsfor Tools and Small Equipment 1ao Pressure Washers 1a1 142 Enclosed Storage 1a3 Flammable Storage Cabinets 68 95 95 144 Paint allow 15 1 1 145Janitorial Chemicals allow 15 1 1 145 1 Oil I allow 15 1 1 17 1 iGas allow 15 1 1 14a Fertilizer Pesticides allow 15 1 1 149 Oil&Oil Filter Drum(55 gallon) drum-std 10 2 2 150 151 152 153 j 12 Tiburon Corporate Yap a Needs Assessment Detailed Space Requirements 1sa Richardson Bay Sanitary District l55 156 Shoo/Work Areas - 0 Soo 157 Shop&Storage Space allow 60011 1 - 1 158 j Emergency Supplies stor-3 200 - 1 159 160 161 Central Fabrication Shop 162 163 Shop Work Area j 166 165 Metal Shop allow 1000 591 1 1,000 1 1,000 25'x40' 166 1 Should accommodate a truck inside the shop 167 Work Bench,steel top w/vise 1 1 168 Work Bench,steel top,wheels w/vise 1 1 169 Welder,portable 1 1 170Allow for welding outside 111 172 173 Wood Shop allow 350 261 1 350 1 350 174 Work Bench w/vise 175 jTable Saw j vs I Miter Saw j 177 Assembly Table 178 j Wall Racking System/Peg Board Panels for Tools and Small Equipment v9 Dust Collection System 180 Wood Storage Racks 181 Shop Vacuum 182 183 Shop Areas Subtotal:Assigned SF 2,616 - 3,502 - 4,302 184 Unit Circulation Unit Circ-1 10% 801 350 430 185 NTG Addition ntg factor 90% nci.inabo,e 428 526 186 Total Gross SF 3,417 j - 4,280 - 5,258 187 Ise j 189 190 "CoveredAreas191Note:All covered areas are proposed as canopy structures with illumination 192 193 Shared by All 194 1 General Storage(benches,PVC Storage,etc.) stor-3 200 214 1 200 1 200 195 196 Material Bins ( j 197 1General Debris&Refuse Bin yard-waste-20 1751 175 1 175 ( 1 175 198 Recycle Bin allow 20 20 1 20 1 20 199 Green Waste Bin yard-waste-201 1751 175 1 175 j 1 175 200 Sand Mat Bin-S 300 213 1 300 1 300' 201 Chipped Trees/Mulch jMat Bin-S 300 213 1 300 1 300 2021 Tree Trimmings Mat Bin-L 600 634 j 1 600 1 600 2031 j 20a, j General Use Wash Bay svc bay-h 800 897 1 800 1 800 1;� Tiburon Corporate Yard Needs Assessment Detailed Space Requirements 205 206 Fueling Island 720 1 720 207 Fueling Pumps allow 20 42: 1 1 1 Zoe Unleaded Gasoline Tank,1000 Gallon allow 350 105 1 1 209 1 Diesel Tank,500 Gallon allow 350 93 1 1 1 210 211 E-waste; stor ( 50 i 32 ( 1 50 1 50 212 213 Covered Areas Subtotal:Assigned SF 2,812 - 3,340 - 3,340 214 Unit Circulation Unit Ciro-1 0% md.ab— - - 215 Total Net SF 2,812 - 3,340 - 3,340 216 217 218 Open Areas 219 220 .Emergency Generator allow 200 140 1 200 1 200 221 i zzz 1Open Areas Subtotal:Assigned SF 140 - 200 - j 200 223 Unit Circulation Unit Circ-1 0%1 Inti.above - - zz4 Total Net SF i 140 - 200 - 200 225 226 22711 11ouron luorporate Yara,urand Total ! 228 229 Total Gross SF 7,997 10 11,668 14 1 13,490 239 231 232 233 234 235 1 236 i 14 Detailed Fleet and Small Equipment Space as a consolidated facility. We have also included Requirements employee and visitor parking as part of this data slice[. The next few pages detail the space requirements for the fleet and small equipment or"Rolling Stock". Like the detailed space requirements, this worksheet presents two variations of Rolling Stock space requirements: one for Tiburon Corporate Yard's f at.ure operations and one for Tiburon Corporate Yard's and RBSD Corporate Yard's future operations J C it �s`C�^c'"✓�,ti .^.1SSG PS.�y'"�a"`"'e tx�`5 y�*'?�'v� �.�, atv'`�• �y, f � €y'-rr. �i'y�����t ��� .,�.`�{�w �������l���I�i� I� y Y'a. �=. i f�y, '�.L l"sr.,N"4TY""- f "�•�t��'"' ^`�e„„'Cv -✓'.$ � ,.�`v#'3�� '�h 6� U �� d�l,��„� 1 �, II Y 15 Tiburon Corporate Yard Needs Assessment Rolling Stock MEN Tiburon Corporate Yard 2 3 j Urty Equipment Rollin Stock 3,143 4 Must be covered 5 6 Dakota Turf Tender Topdresser Attachment allow 60 ran rne3 1 60 1 60 7 Flail Mower Attachment allow 50 incl.in line 3 1 50 1 50 s Landpride Aerator Attachment allow 30 incl.inline3 1 30 1 30 s Landpride Overseeder Attachment allow 50 inol.inline3 1 50 1 50 10 Lely Spreader Attachment allow 30 mc1.m1-3 1 30 11 30 11 Small Boat allow 60inclin line 3 1 60 1 60 12 Sweepster Rotary Broom Attachment allow 50 inm.in line 3 1 50 1 50 13 Brush Chipper allow 120 ind in line 3 1 120 1 120 14 Message Board allow 120 incl,in line 3 1 120 1 120 1s Tennant Scrubber allow 70 incl.in line 1 70 1 70 16 John Deere 3041 Wheel Loader allow 200 incl.in line 3 1 200 1 200 17 John Deere 310D Backhoe allow 200 incl.in line 3 1 200 1 200 1s John Deere 4052M Compact Utility Tractor allow 150 incl.in line 3 1 150 1 150 j Per Pat Kerslake,this is surplus equipment and won't need to 19 John Deere 955 Compact Utility Tractor allow 0 incl.in line 3 1 - 1 - be accommodated 20 iToro ProSweep Attachment pkg-equip 100 incl.in line 3 1 100 1 100 21 John Deere ProGator Cart pkg-equip 100 incl m line 3 1 100 1 100 22 John Deere 1435 Front Mower pkg-equip 100 incl.in line 3 1 100 1 100 23 Toro 3100D Reel Mower pkg-equip 100 incl.in line 3 1 100 1 100 24 1994 Ford F-450 pkg-Irg 3001 ncl.in line 3 l 1 300 1 300 25 1996 Chevrolet C3500 pkg-Irg 300 incl.in line 3 1 300 1 300 26 2006 Ford F-250 pkg-Irg 300 incl.in line 3 1 300 1 300 27 2006 Ford F-450 pkg-Irg 300 incl.in line 3 1 300 1 300 23 2008 Ford F-150 pkg-Irg 300 incl.in line 3 1 300 1 300 29 2012 Ford F-150 pkg-Irg 300 incl.in line 3 1 300 1 300 30 2012 Ford F-350 pkg-Irg 300 incl.in line 3 1 300 1 300 31 2016 Ford F-250 jpkg-Irg 300 incl.in line 3 j 1 300 1 300 32 2016 Ford F-250 'pkg-Irg 300 incl.in line 1 300 1 300 33 Equipment Trailer(ramps) (pkg-Irg 300 incl.inline3 1 300 1 300 34 Equipment Trailer(tilt) pkg-Irg 300 melin line 1 300 1 300 35 j 36 RBSD Equipment Rollin Stock 37 Must be covered 38 39 Trailer Mounted Generator pkg-equip 1001 20 1 2,000 40 Large Pump Trailer pkg-Irg 3001 1! 300 41 Work Trucks pkg-Irg 3001 - - 4 1,200 42 i 43 Equipment Rolling Stock Subtotal:Assigned SF 3,143 29 4,890 54 8,390 44 Unit Circulation 46 Total Net SF 3,143 29 4,890 54 8,390 46 47 49 50 16 Tiburon Corporate Yard Needs Assessment Rolling Stock 51 Employee&Visitor Parkin sz Employee Parking pkg-med 200 520 10 10 2,000 14 14 2,800 s3 Visitor Parking pkg-med 200 - - 1 200 2 400 s4 j 55 Employee&Visitor Parking Subtotal:Assigned SF 520 10 11 2,200 14 16 3,200 56 Unit Circulation 57 Total Net SF 520 1 10 11 2,200 14 16 3,200 59 i I j I 56 Tiburon Corporate Yard,Grand Total for Fleet/Equipment/Parking 63 62 Total Gross SF 3,663 10 40 7,090 14 70 11,590 63 j 64 65 i i 66 67 68 69 70 71 72 73 74 75 76 7> I 78 79 80 83 j 82 33 84 85' i i 86 87 IF 39 j 90 91 j i ( 17 Section 3,-. Conceptual Solutions Summary required for consolidated future operations with the As noted earlier in this report,Tiburon's current size of Tiburon's current site and despite attempts facility is insufficient to adequately supports its to stack the facility, our team could not offer a current and future operations and could benefit from reasonable and viable solution to consolidate both a reconfiguration of the site to increase work flow facilities on Tiburon's current site. Should Tiburon efficiencies. Therefore,Tiburon asked our team to require a single, consolidated facility to satisfy both perform an assessment to determine the amount of agencies' future operational needs, a larger site would space that would be required accommodate its future need to be acquired. operations (sce Section 2 for the space requirements) and to look at how it would fit on its current site.As Once it was determined that the RBSD and its future part of this study,Tiburon also requested that our operational needs could not be accommodated on team investigate the feasibility of consolidating the Tiburon's existing corporate yard site with reasonable RBSD's future operations with its future operations and economic conditions, our team focused our on the existing corporate yard site. efforts on fitting Tiburon's future operations onto its existing site.Although the space required for Methodology Tiburon's Corporate Yard is less than the space required for a single, consolidated facility, it was To investigate the feasibility of consolidating RBSD's still a challenge to accommodate Tiburon's future future operations with Tiburon's future operations, operations on the existing site with particular focus we identified the size of Tiburon's current site. on the fleet and employee parking requirements. As we noted in Section 2,Tiburon's Corporate To ensure that the Corporate Yard would fit on Yard currently occupies nearly 20,000 SF, or 0.46 the existing site, it became necessary to employ a acres.After we determined the space required to two-story building concept with the Administration accommodate both agencies' operations on the component stacked on top of the Shop component. existing corporate yard site, our team developed two preliminary concept plans—one for a consolidated facility and one for solely Tiburon operations—to Conceptual Solutions outline what an ideal scenario,without any site constraints,would look like after combining the space Our team developed several preliminary concept requirements required for the facility and rolling plans to review with Tiburon staff and resulted stock with site circulation`. Based on the concept in a total of five options: the first two options plans developed, a Tiburon and RBSD consolidated represents what an ideal site (i.e. without existing site facility would require 1.45 acres and a Tiburon-only constraints) would look like for Tiburon Corporate facility would require 1.09 acres. Yard's future operations and Tiburon Corporate Yard's and RBSD Corporate Yard's future operations Upon looking at the acreage required if Tiburon as a consolidated facility, and the last three options were to incorporate the RBSD and its operations illustrate as potential and viable solutions for the onto Tiburon's existing site, our team determined future facility on the existing site. consolidation of RBSD's future operations with Tiburon's future operations was not feasible.To The following provides a brief descriptions for each arrive at this determination,we compared the size Scheme presented in this section.Again,the inclusion 3 Site circulation typically refers to the area allocated to driveways,drive aisles, roadways,pedestrian access,etc.and is essentially the glue"that ties together the different compom7its of this project. 141 of the ideal site conditions was used to develop a case with some innovative engineering for vertical study to determine the feasibility of a consolidated considerations. facility through an analysis of program projections as they compare to the operation and related spatial needs. 1. Scheme 1 (A-1.1): Tliis option represents vwhat an ideal scenario—without existing site constraints— would look like if Tiburon's Corporate Yard and RBSD's Corporate Yard were consolidated. 2. Scheme 2 (A-1.2): J-his option illustrates an ideal scenario—without existing site constraints—for Tiburon's Corporate Yard. This scenario does not include RBSD. Given the limited site constraints, the following schemes do not include RBSD: >. Scheme 4 (A-1.4): Scheme 4 portrays Tiburon's Corporate Yard on its existing site, albeit with a part of the facility encroaching upon land currently owned AT&T. In this scenario, the Corporate Yard has two points of access for ingress and egress and allows vehicles to drive through the site for a continuous flow. Staff and visitor parking are not included in this scenario; staff and visitors will park on the z.. adjacent lot owned by the School District. 4. Scheme 6a (A-1.6a): Scheme 6a also accommodates Tiburon Corporate Yard on its existing site, but in this scenario the ' facility does not encroach upon AT&T's land. This scenario has a single-point of access for ingress and egress. However, this scenario has adequate turning radius to allow a large vehicle to drive into the facility, turn-around, and the exit the site. Staff and visitor parking are not included in this scenario; staff and visitors will park on the adjacent lot owned by the School District. 5. Scheme 6b (A-1.6b): Scheme 6b builds upon the scenario in 6a by adding a parking deck over a portion of the site to allow on-site parking for S employees and visitors. In this scenario, however, the parking deck would likely pose a challenge when offloading materials,but it could be solved 20 320'-0' —T�—T---T---T---T---T---T---T---T---T---T---T---T--T-- —T-------r------r------T-------r-----� r------r------r----� Small R ular IR ular IMedlum IMedlum :Medium IMedlum IMedlum IMedlum IMeduum (Medium IMedlum IMedlum !Medium IX"Small IX-Small Medium ;Medium Medium Medium Metllum IX•Snwll ; ;X-Small :X-Small ;X-Small I 10x15 10x20 IlOx20 112x25 112x25 112x25 112x25 112x25 I12x25 112x25 112x25 112X25 112x25 112x25 III III 12x25 112x25 112x25 :12x25 112x25 ;10x10 ; 110X10 110x10 ;10x10 1 I XSmall I X-mall1I , : :lx--S-M-0-11-+,X-•-ma- +X-ma-- 10x10 ;10x10 ;10x10 10x10I 10x10 110x10 , L__-__� I I ! I I 3 I I I I --'-'J h-----+-----+-----i I X"Small 1 X-Small 1 X-Small ; L---J .--J ---1---1---J .--1---1---1...1---J _______1_______ _______ _______ _______ 110X10 :10X10 110X10 ' X-Small 1X"Small ,X-Small 110x10 110X10 ;10x10 : I XSmall XSmall X-Small g :10x10 110X10 :10x10 1 GATE F-----+-----+------ :X-Small :X-Small :X-Small 1 '10x10 110x10 :10x10 General Storage 200 Wash Bay —i RR FMF MF&ST 120'x 40' Dist.Mongr. P&SM PW- 80 d Training lunch Mud Rm an Supp. Enc.Star. Eno.Stor. 800 Office Office Supennt. 360 245 120 120 95 210 2100 210 x RBSD —.-- R ShoplWorkArea -- -- U, i 30 r o W--RR M--RR 800 35'a" I s ss o Open work E-Scor. WRR M-RR I ' I W Area 8 80 Lockers Rm 80 80 I 440 File Room =' 195+59 o m "' 240 d o Sleep Rm =254 W.Shwr M.Shw SM G i2p 80 80 GATE Shop lWork Area y 867 _.-- —_ 1 �^ GI Regular I Regular I i Regular I Regular l Regular I Regular I Regular I Regular I Regular 110x20 110x20 1 110x20 110x20 110x20 110x20 110x20 110x20 110x20 i I I I I i I I 1 30-0 PM I I I I I I I I I f i I I I I i I I I Enc.Star. 1 700 --1--J L-- --1--�-- 1 -- 1 --� I I ---o CFS 4 Shop/Work Area 1,000 o --------------- I CFS F&ST MISC.EQUIPMENT --T --T--T--T--T--� Regular Regular Regula Regular Regular Regular Regular Wood Shop Shop/WorkArea 640 i I 10x20 !10x20 IlOx20 110x20 !10x20 !10x20 110x20 350 250 � zs'-o„ I I I I 1 I --------------- I I i I I I I I — — — — — — — — — — — — — — — — — — — AREA = 63,010 SF 1.45 ACRES 225•-0° --T---T---T---T—U—T---T---T---T----r---T---'1----------, Medium Medium I Medium I Medium I Medium 11 Medium 11 Medium 11 Medium (Medium I Medium i Medium MISC.E9UIPMENT I 12x25 1112x25 112x25 112x25 1112x25 112x25 (12x25 112x25 112x25 112x25 112x25 32x20 I I o — I L---------- �� fl ---'1'---J'----L ---J'---J----J----J----J'---J- r-- --'— Wash Say Z0'x 40' 800 I GATE 4 I I CGeneral Storage 200 1 I �oI I I � I g Te9 � L 10x20 �1Ox20 110x10 1 i I X-Small i 11 �Eme gency :1000 i Fu'gl ank-24 gai.j I Generator v'x 'h x 11'-6°L'1200 i FX-Small I P30 -- —L I 10x10 I Dist.Mangr. P&SM PW- a° Training/Lunch Mud Rm �--d Office Office Superint. 360 245 FM F&ST IX-Small 1 270 210 210 an Supp. Enc.Star. no.Star. 110x10 ! 1 120 120 95 7-RR M-RR 80 80 CFS FBS( r m ro Wood Shop Shop/Work Ar Open work Areo E-Stor. Lockers Rm W-RR M-RR 350 250 I I 440 80 195+59 80 80 m File Room 240 Sleep Rm =254 W Shwr M.Shwr SM o�� 120 80 80 Shop I Work Area I =ro! 867 s Regular I Regular I lRegular lRegulat IRegular lRegulat lRegular lRegular Regular 40.-0, o Q I 10x20 l Ox20 I l 0x20 10x20 11WO 1 1 0x20 :10x20 1 0x20 l 0x20 I I I I I I I I I 1 I 1 I PM oro � ! I I S I I ( 1 I 1 Enc.Star. i o© � -- --� -- --L-- --1-- 1 --� 700 =Q i i s I CFS I 1 I Shop/Work Area i o . 1,000 3 Regular Regular (Regular RegularTegula,TR;uar Regutar� 10x20 110x20 1110x20 !10x20 110x20 110x20 110x20 i I I I I I EMERGENCY EXIT GATE I I I I I I l I I I I I I € AREA = 47,730 SF 1.09 ACRES / I / I / I Open work > Lobby DN Area / File Room 380 / / Training) 240 I(Itchenette Lunch i AT&T BLDG. 200 360 RR wlShower 5 m c ad 240 / 30 RR wlShower M-Lockers � h +Lockers / \ Sleep Rm 320 120 E-Stor. 150 I I / \ WASH Medium\ Medium Medium Medium MediuFj m / \4UIP. 115x25 JI12x25 I12x25 112x25 1110 / / WASH BAY 11\ I 1 15x25 T— -- -- ---- — 6 XSmall X-Small XSmall XSmall Small Chapped Sand / I Tree trimmings r 10x10 10x10 10x10 10x10 10x15 ees?Mulch :250 CT y I 600 50_ — — — / GeC�ebris �. Refuse Si / \ / \ -- --� G2e/%\�175 / / zz o° / opo /�� i_— —— —— Bin ste \ F&ST / `//\ F Tank-2k al. a; 175 / ShopM'a Ared�/ Emerge 7 °� x Bh x 11' CFS 250 Generate Re CIE?OP / Wood Shop 00 , Bin / PM 350 25 \ GATE Enc.Star. CFS \ 700 Shop/Work Area E� Sic SM 1,000 Shop/Work Area M FM d�o�Pp' 95 867 Enc.Star.�0 \ � 120 A //FIRST FLOOR GATE / DN ni• Mud Rm RR wl5hower ua LEMRYu L 125 240 \ M•Lockers Open work RR wlShower Area Training)unch +lockers 1380 360 320 \ PW-Superint. 210 IGtchenette Sleep Rm RR 200 120 80 ------- R 3adio P&SM 115 \ Office File Room AT&T BLDG. I 210 240 SECOND FLOOR �\ WASH—1 \ / \ L EflP.J CN 6 �mergency-1 00 a afor Medium Medlum Medium Medium Medlum OP FM-Jan Supp:120 , b — J' 12x25 12x25 112725 '12x25 112x25 I FM•Enc.Star:]20 / WASH BAY I I 1 1 1 SM PM F&ST-Enc.Stor:95/ Shop I Work Nea Enc.Star. /667 700 I-- -- -- J CFS Shop/Work Area CFS S hop/Wo Y 1,000 Wood Shop Shop/Wo \ 350 250 / Regular ular Small Re a 110x20 110x20\110x15 'I n .50 Bin en �It / 45 50�e I General Tree Trimmings �— —}— J FIRST FLOOR \ Refuse Bin; 600 / .\175 san300d f j MISC.EQUIP. !� Chipped i 6775 \ t f Trees/Mu / 1 300 I / ' I AT&T BLDG. I I / i I i i Rf41 {;;;;-;1,�;;- ON °• MudRm RRlShower \ / U1 L11U ULi 125 240 ENTRY / [ Regular � \ Regular 10x20 _ M-Lockers ' Open work \ 10x20 — _ Areo RR oc ers \ — Trainingftunch +Lockers Regular Regular 380 360 320 \ 10x20 — 10x20 — PW-Superint. 1 \ 4991'-11' 210 Regular Regular \ 10x20 10x20 — Kitchenette Sleep Rm \ — — — RR 200 120 / \ Regular I Regular — I 80 \ 1Oz20 10x20 —!E R dio / Regular — Regular 3 E-Scor. \ \ 10x20 _ �Ox20 P&SM 115 / — Office File Room \ I Regular Regular 210 240 / \ l 10x20 _ J LOx2o _ / WASH \ \ / L E4uIP.J \ SECOND-FLOOR /' cn�`5 Emergency \ onerator Medium Medium Medium Medium Medium UP FM-Jan Sul ' 12x25 '12x25 (12x25 112x25 112x25 I FM-Enc.St WASH BAY ' I I 1 1 SM PM F&ST-Enc. Shop/Work Area Enc.Star. 18x25 I 1 1 ( 1 ® 867 700 / CFS Shop lWork Area CFS F&ST y \ b 1,000 Wood Shop ShopANor \ 350 250 \ r i Regular!'R.uIar Small 'I Re- a .Green \ ! 11040 11040 110x15 25 50 Bin e Was;e, \- — — L _ — L — L / ` A � 175 Debris I — rim L RST FL OR Debris-- T Trimmings i �G Reluse Bin! i 600 / 175 Sand j I ' 675 EQUIP. J Y 300 ' Chipped 1�I 615 TreeslMulcl� / I i � ;300 i ! / Section 4,-,- Conceptual Statement of Probable Cost Conceptual Costs A preliminary rough order of magnitude cost fors Scheme 4, Scheme 6a, and Scheme 6b has been prepared and developed based on the program requirements and conceptual designs. These estimated costs do not include property acquisition r costs, therefore it is important to note that estimated costs for Scheme 4, which currently encroaches upon ! land owned by AT&T,will need to factor in additional costs (if any) to acquire the property. Scheme 6a and 6b do not encroach upon land owned by AT&T and therefore,will not be affected by any property acquisition costs. However, Scheme 6a and 6b would require an easement access agreement between Tiburon and AT&T. Since the designs are conceptual in nature, the r ; estimated costs have been developed to provide insight for decision making purposes. It is intended that this budget will be refined as the design process continues; however the numbers provided on the few pages may be relied on for planning and order of magnitude budgeting purposes. The costs represent reasonable budgets with an appropriate contingency. The budget is based on February 2019 values and includes future estimated escalation based on a midpoint of construction of March 2021. Tiburon Corporate Yard Conceptual Statement of Probable Cost e, ._- -__- 1 A/E SERVICES 1,010,000 1,051,000 1233,000 Based on 8%fee Conceptual Design 962,000 1,001,000 1,174,000 Schematic Design Incl Incl Incl Design Development Incl Incl Incl Construction Administration Incl Incl Incl Reimbursables Incl Incl Incl Design Fee Contingency 48,000 50,000 59,000 Allowance 2 GEOTECHNICAL 2_5,000 25,000 25,000 Soils Reports(Buildings,Parking Areas) 25,000 25,000 25,000 3 ENVIRONMENTAL 7,500 7,500 7,500 Phase 1:ESA 7,500 _ 7,500 7,500 Allowance Phase 2:ACM/LBP Report N/A N/A N/A Assumes project does not require this report _ 4 DEPUTY TESTING AND INSPECTION 200,000 200,000 250,000 Soils Testing(Deputy Inspections) _ 75,000 _ 75,000 100,000 Allowance Materials Testing(Deputy Inspections) 125,000 125,000 150,000 Allowance _ 5 DIRECT COSTS 12,028,000 12,518,000 14,678,000 Building and Sitework(Entry,Parking,Demo,Landscape,etc) 10,934,225 11,380,084 13,343,230 Includes 10%design contingency,with M_0_C_=March 2021 Course of Construction Contingency 1,093,423 1,138,008 1,334,323 10%Allowance 6 FIXTURES,FURNISHINGS,&EQUIPMENT(FF&E) 170,000 170,000 170,000 Office furniture(Desks,Chairs,Files) 100,000 100,000 100,000 Allowance based on$30/SF for Net Office SF Mise furniture and furnishings 10,000 10,000 10,000 Allowance Shop Equipment 50,000 50,000 50,000 Allowance based on racking of$10/SF Building Identification signage 10,000 10,000 10,000 Allowance ------- 7 __7 TEMPORARY FACILITIES DURING CONSTRUCTION 100,000 100,000 100,000 Temporary Trailers 100,000 100,000 100,000 Allowance 8 ELECTRONIC SYSTEMS AND SPECIAL EQUIPMENT 230,000 230,0001 230,000 Computers,Phones,Servers,Scanners,Fax Machines,Copiers 30,000 30,000 30,000 City to advise on requirement,if any___ AV Systems 150,000 150,000 150,000 Security Equipment and Access Controls 50,000 50,000 50,000 9 PROGRAM&CONSTRUCTION MANAGEMENT 489,000 489,000 489,000 Overhead,Fee&Administration costs 450,000 450,000 450,000 Reimbursables 1.5,000 15,00015,000 Includes online document mana_g_e_ment software Insurance 4,000 _ 4,000 4,000 Contingency 20,000 20,000 20,000 10 UTILITY COMPANY CONNECTION SERVICES AND FEES 50,000 50,000 50,000 Electric Service 10,000 10,000 10,000 Allowance_____ Water Service 10,000 10,000 10,000 Allowance Sewer Service 10,000 10,000 10,000 Allowance Gas Service 10.000 10,000 10,000 Allowance Phone/Data/Cable Service 101000 10,000 10,000 Allowance 11 TOWN OFTIBURON FEES AND ADMINISTRATION 0 0 0 Plan Check,Permit Fees,and Building Inspections TBD TBD TBD Assumes exempt from fees 12 CONTINGENCY: TOWN OFTIBURON 715,000 742,0001 862,00015%Contingency -- aeti e.e a ADDITIVE VALUE ENGINEERED ALTERNATIVES 1 jUndergroundOverhead Power Lines(Wiring by Power Company) 216_,000 1 216,9921 216000 2-Re AT&T Fuel Tank,Allowance 269,000 269,000 269,000 DEDUCTIVE VALUE ENGINEERED ALTERNATIVES 3 Asphalt Paving in Lieu of Concrete Paving (251,000) (209,000) (210,000) NOTES: 1. Construction costs are based on February 2019 values and include future escalation reflecting a midpoint of construction of March 2021. 2. Griffin Structures,Inc.is offering this Statement of Probable Cost based on current level of documentation available which is based upon conceptual drawings.Griffin has used its reasonable best efforts to assess identified project specific program requirements,geographic considerations,assumed building type,construction methods,current labor rates and material costs,and local market conditions to generate an opinion of possible project specific costs.Griffin cannot be held responsible for adjustments to this estimate which could produce amendments to subsequent and future project budget updates based upon changes in project specific requirements or unforeseen adjustments in local market conditions affecting both direct and indirect costs. 3. Estimated costs do not include property acquisition costs.Therefore,estimated costs for Scheme 4 will need to also factor in additional costs(if any)to acquire property once the cost has been determined.Scheme 6a and 6b do not encroach upon land owned by AT&T,therefore,Scheme 6a and 6b costs will not be affected by property acquisition costs.However,Scheme 6a and 6b would require an easement access agreement between Tiburon and AT&T. 32 City of Tiburon Corporate Yard Tiburon, CA r ')M Cost Estimate, R1 February 7, 2019 INTRODUCTION This Cost Estimate is based upon intial assessments and ROM diagrams provided by Gillis Panichapan Architects, Inc. ES;TIItATE MARfC The following markups are included from this estimate of direct costs: 1) General Conditions 15.00% 2) Overhead and Profit(OH&P) 7.00% 3) Bonds& Insurance 2.50% 4) Design Contingency 10.00% 5) Escalation to MOC, March 2021 10.65% EXCLUSIONS The following items are excluded from this estimate of direct costs. 1) Escalation beyond midpoint of construction. Estimated construction schedule is start of September 2020 and a 12 month duration. 2) Off-site work 3) Night time work. 4) Accelerated construction schedule. 5) Soil remediation. lTEM5 AFFECTING CC3ST E5'l"IMATE Items that may change the estimated construction cost may include but are not limited to the following: 1) Unforeseen sub-surface condition. 2) Any changes to the scope of work not included in this report.We recommend to update the estimate to capture the value of any changes. 3) Sole source procurement. 4) Any changes or delay from the projected construction schedule. CLARIFIC��`l4NS 1) This estimate is based on the assumption of a competitive bid environment by a minimum of four at the General Contractor and the Subcontractor level. 2) This estimate assumes the use of prevailing wages. 3) This estimate assumes design-bid-build procurement method. 4) Prequalification process for General Contractor and Subcontractor has not been included on this estimate. If prequalification will be implemented, it will have a significant cost impact to the project. Sheet 2 of 6 City of Tiburon Corporate Yard Tiburon, CA P^M Cost Estimate, R1 02/07/19 CONSTRUCTION COST SUMMARY Base Scope�1Qments. Total OPTION 1: SCHEME 4a $10,934,225 OPTION 2: SCHEME 6a $11,380,084 OPTION 3: SCHEME 6b $13,343,230 ADD ALTERNATES #1 -UNDERGROUND OVERHEAD POWER LINES (WIRING BY POWER COMPANY) $216,000 #2 -RELOCATE AT&T FUEL TANK,ALLOWANCE $269,000 DEDUCT ALTERNATES #1A OPTION 1 AC PAVING ILO CONCRETE PAVING ($251,000) #1B OPTION 2 AC PAVING ILO CONCRETE PAVING ($209,000) #1C OPTION 3 AC PAVING ILO CONCRETE PAVING ($210,000) mates include all applicable markups Sheet 3 of 6 Corporate Yard Options Tiburon, CA ROM Cost Estimate, R1 02/07/19 S Options Detail Elements 9, S "^1 GI'bta 1 C, '�U- �" ..�. 't" e k. 1Y'i OPTION 1: SCHEME 4a Site demolition Building demolition 3,800 sf $25.00 $95,000 Canopy demolition 5,000 sf $15.00 $75,000 Hazmat abatement, allowance 8,800 sf $7.50 $66,000 Remove paving and landscaping 22,200 sf $3.00 $66,600 Miscellaneous demolition 22,200 sf $0.50 $11,100 Temporary protections (street), allowance 1 Is $25,000.00 $25,000 Traffic control, allowance 1 Is $15,000.00 $15,000 Site reconstruction Earthwork and site prep 22,200 sf $10.00 $222,000 Concrete retaining walls, 12'-0"high 5,120 sf $75.00 $384,000 Tube steel fence, 10'-0" high 360 If $195.00 $70,200 Tube steel vehicular gates, motorized 2 ea $42,500.00 $85,000 Site utilities, allowance 22,200 sf $8.00 $177,600 Site electrical and low voltage, allowance 1 Is $325,000.00 $325,000 Emergency generator, 300kW 1 Is $175,000.00 $175,000 Concrete paving 18,146 sf $20.00 $362,920 Landscape, patch and repair at perimeter, allowance 1 Is $25,000.00 $25,000 Signage and directional markings, allowance 1 Is $50,000.00 $50,000 Buildings and structures Shops/admin building, 2-story 8,692 sf $475.00 $4,128,700 Fuel canopy including tank and equipment 365 sf $500.00 $182,500 Wash bay,covered including lighting and equipment 375 sf $200.00 $75,000 Canopies including lighting 5,060 sf $100.00 $506,000 Subtotal $7,122,620 General Conditions 15.00% $1,068,393 Subtotal $8,191,013 Overhead and Profit(OH&P) 7.00% $573,371 Subtotal $8,764,384 Bonds& Insurance 2.50% $219,110 Subtotal $8,983,494 Design Contingency 10.00% $898,349 Subtotal $9,881,843 Escalation to MOC, March 2021 10.65% $1,052,382 TOTAL- OPTION 1 10.934.225 3" Sheet 4 of 6 Corporate Yard Options Tiburon, CA ROM Cost Estimate, R1 02/07Y19 Options Detail Elements cg I ON "MIN, I WIN , 01 OPTION 2:SCHEME 8a ' .' `''� '. Site demolition Building demolition 3.800 of $25.00 $05.000 Canopy demolition 5.000 af $15.00 $75.000 Hazmatabatement, allowance 8.800 af $7.50 $66.000 Remove paving and landscaping 19.820 xf $3.00 $50.760 Miscellaneous demolition 19.920 uf $0.50 $0.060 Temporary protections (nteo0. allowance 1 Is $25.000.00 $25.000 Traffic control, allowance 1 Is $15.000D0 $15.000 Site reconstruction Earthwork and site prep 18.820 uf $10.00 $199.200 Concrete retaining walls, 12''0'high 4.084 xf $75.00 $304.800 Tube steel fence, 10'-0" high 225 if $195.00 $43.875 Tube steel vehicular gates, motorized 1 ea $42.500.00 $42.500 Site utilities, allowance 18.920 of $8.00 $158.300 Site electrical and low voltage,allowance 1 Is $325.000.00 $325.000 Emergency generator, 3OOkVV 1 Is $175.000.00 $175.000 Concrete paving 15.120 of $20.00 $302.400 Landscape, patch and repair atperimeter, allowance 1 Is $25.000.00 $25.000 Signage and directional markings, allowance 1 Is $50.000.00 $50.000 Buildings and structures Shops/admin building, 2-otory 0.000 of $475.00 $4.508.000 Fuel canopy including tank and equipment 575 of $500.00 $287.500 Wash bay,covered including lighting and equipment 450 of $200.00 $90.000 Canopies including lighting 5.027 of $100.00 $502.700 Subtotal $7.413.055 General Conditions 15.00Y6 $1.111.058 Subtotal $8.525.013 Overhead and Profit(OH&P) 7.0096 $586.751 Subtotal $9.121.784 Bonds& Insurance 2.50Y6 $228.044 Subtotal $8.348.808 Design Contingency 10.00Y6 $834.981 Subtotal $10.284.789 Escalation toM0C. March 2021 10.65Y6 TOTAL - OPTION Corporate Yard Options Tiburon, CA ROM Cost Estimate, R1 02/07/19 Options Detail Elements ROOM; N k,ON W MIN OPTION 3: SCHEME 6b Site demolition Building demolition 3,800 sf $25.00 $95,000 Canopy demolition 5,000 sf $15.00 $75,000 Hazmat abatement, allowance 8,800 sf $7.50 $66,000 Remove paving and landscaping 19,920 sf $3.00 $59,760 Miscellaneous demolition 19,920 sf $0.50 $9,960 Temporary protections(street), allowance 1 Is $25,000.00 $25,000 Traffic control, allowance 1 Is $15,000.00 $15,000 Site reconstruction Earthwork and site prep 19,920 sf $10.00 $199,200 Concrete retaining walls, 12'-0" high 4,064 sf $75.00 $304,800 Tube steel fence, 10'-0" high 225 If $195.00 $43,875 Tube steel vehicular gates, motorized 1 ea $42,500.00 $42,500 Site utilities, allowance 19,920 sf $8.00 $159,360 Site electrical and low voltage,allowance 1 Is $325,000.00 $325,000 Emergency generator, 300kW 1 Is $175,000.00 $175,000 Concrete paving 15,174 sf $20.00 $303,480 Landscape, patch and repair at perimeter, allowance 1 Is $25,000.00 $25,000 Signage and directional markings,allowance 1 Is $50,000.00 $50,000 Buildings and structures Shops/admin building, 2-story 9,518 sf $475.00 $4,521,050 Fuel canopy including tank and equipment 415 sf $500.00 $207,500 Wash bay, covered including lighting and equipment 450 sf $200.00 $90,000 Canopies including lighting 5,545 sf $100.00 $554,500 Elevated concrete parking deck 7,685 sf $175.00 $1,344,875 Subtotal $8,691,860 General Conditions 15.00% $1,303,779 Subtotal $9,995,639 Overhead and Profit(OH&P) 7.00% $699,695 Subtotal $10,695,334 Bonds& Insurance 2.50% $267,383 Subtotal $10,962,717 Design Contingency 10.00% $1,096,272 Subtotal $12,058,989 Escalation to MOC, March 2021 10.65% $1,284,241 TOTAL - OPTION 3 13.343.230 ;i7 Sheet 6 of 6 A-] Space Standards Introduction A space standard is defined as a specific square footage allocation for an operation, an item of equipment, or a functional area, to which is added a description of what functions can be performed in that area.Thus, for example, once the functions and activities of a person are known, it is possible to select a workstation and a square footage allowance that are appropriate for that person. The following pages contain a description of the proposed workstation and private office standards, and also related definitions. Development of Space Standards What is Included in the Standard's Equipment standards are based on the item footprint,workspace for operating the equipment(i.e. opening drawers), and access to or around the equipment. Workstation standards are based on the work surface needs (equipment, papers, writing space, reference space, and so on, on the desk or work plane),on filing needs, on bookshelf requirements, and on guest seating. There is a distinction between enclosed (office)workstations and stations in"an open area." ■ For enclosed offices, our standards are measured to the center line of the boundary walls of the room, and include no access space outside. It is assumed either that access will be directly off major circulation networks or that it will be off unit circulation areas provided with other open work rooms. ■ For elements in an open area, an allowance for access is added to the workstation footprint in the space standard. Similarly, for panel-enclosed stations,we include an allowance for access in the standard (to account for inner circulation). EXHIBIT 1 Ac>=;ess Around Workstations and Equipment An Open Workstation Access is the space around the footprint of the item of equipment and open workstations, and it is used to create side aisles into a cluster of desks, or to allow for opening file drawers,cabinet door swings, and so on.As noted, we include this in the standard allowance for panel-enclosed or for open A workstations.The item allowance and access comprise the equipment or o workstation standard, as illustrated in Exhibit 1. B Unit Circulation and Layout Factor - C—_ Unit circulation is a network of main aisles, generally passing in front of offices or to shared work areas.An additional factor sometimes must be A=Item Footprint; B=Access; added to account for layout variances, which in the amount of space required C=A+B=Standard to account for non-rectilinear design, design features which are peculiar to a given plan or existing facility, including such factors as disproportionate number of offices, column placements, design flexibility, extra sense of openness, and so on. Generally, however, we include the layout factor in the unit circulation allowance rather than accounting for it separately. Exhibit 2 on the following page illustrates these separate concepts: item space allowance, access, total standard, circulation, and layout. It shows a series of workstations, an area for "circulation," and an extra need for "layout" contingency due, in this case, to the location of a building column. A41 1:294�',�:?S�'�ib"�%a ..�ii��isy,y"iB't:�31��5�➢k'm,�.i'Uj5 C, ;1§1�i°f�iaY�4;2;<, !�gtj;,.me FOota le EXHIBIT 2 Unit Circulation and Layout The estimated net square footage needed equals the sum of the required standard areas, the unit circulation, and the other factors described above. Inner Circulation% To estimate the size of(gross)building floors, it is necessary to add further allowances for the major o 0 circulation areas, mechanical areas, and building core.These additions are based on typical percentages encountered in actual building experience, and the � C �� C ► D -� ---C ratio of Lotal net. to Lot:al gross square footage on an entire floor (or entire building)is the assumed C =Standard D - Layout Allowance (due to column) "efficiency" of that floor (or building). The following definitions are repeated for reference: ■ Assignable Net SF-This is the usable area less the unit circulation. It includes (a) the area of rooms or offices, (b) the open areas by or "footprints" of desks,equipment, and so on, (c) the access area around such furniture or equipment (unless this is part of the "unit circulation" aisle). ■ Core (of a building)-The core of a building is the generally central group of support spaces which serve the building as a whole.These spaces include, (a)elevator shafts, (b) stairwells, (c)electric rooms, (d)fan rooms, (e) elevator lobbies and major corridors, (f)janitorial closets, (g)central or general use lavatories, and (h) other shafts or penetrations of the floor slabs. ■ Efficiency-The efficiency of a building is the ratio of net SF to gross SF, usually expressed as a percentage. ■ Gross SF-The (interior) gross square footage of a building is the sum of the gross SF on each floor, which is measured to the outside finished surface of the permanent outer building walls. Basements, mechanical equipment areas, penthouses,etc., are all included. Note that this is sometimes referred to as the "construction area."This definition is based essentially on the Building Officer and Manager Association (BOMA) definition. ■ Inner Circulation-This allowance is added inside rooms or areas to provide needed access to equipment or work stations that are listed there, especially when it is judged that the total allowance for access which is part of the items' space standard will otherwise be insufficient for proper layout. ■ Major Circulation-This area typically consists of stairwells and corridors defined by fire-rated partitions and in a multi-tenant building is that corridor space which is shared by all tenants."Major circulation" is excluded from the "usable area." ■ Net SF-This is the same as usable area in this report. It equals assignable net SF plus unit circulation areas. ■ Rentable Area-The total rentable area of a floor is computed by measuring to the inside finish surface of the dominant portion of the permanent outer building walls, excluding any major vertical penetrations of the floor. (This is taken from the BOMA definition.)Thus, stairwells, shafts, and elevators are excluded, as well as their bounding walls. Rentable areas include usable area, major circulation, and that part of the core which "has a floor." A-4 ■ Total Building Area–This may be larger than the gross SF of the building (but never less) and includes any balconies, constructed covered areas which are part of the building but exterior to it, and the like. We generally do not compute a Total Building Area beyond the Gross SF figure, unless these elements are essential to the functional requirement. Outdoor elements are usually treated as separate items in this report. ■ Unit Circulation—This area is equal to the walkways and defined aisles within the usable area.Access space around open-area desks and equipment is not included, unless it is overlapped with such well-defined aisles. ■ Usable Area—The usable area of a floor is computed by measuring to the finished surface of the office side of the major circulation corridors or other core walls, and to the inside finish surface of the dominant partition of the permanent outer building walls. (This is taken from the BOMA definition.) Within this, separate usable areas are measured to the center-line of any separating walls. Space Standards Presented Here Space standards are presented over the next several pages for the following types of areas: ■ Workstations–Private Offices ■ Workstations–Traditional Open Stations ■ Workstations–Systems Furnishings ■ Open Area Equipment ■ Conference Rooms ■ Other Rooms and Areas -r Workstation Standards - Private Offices Private office standards are designated by the letters "PO" and are in most cases defined as having floor-to- ceiling walls and a door. The walls may be partially glass or may be equipped with pass-through openings, but such refinement considerations are noted in the program notations and not in the standard allowance itself: We also provide for some private offices to be shared by two or more persons, and adapt the private office allocations to "shared" private office standards where needed. In this case we generally use the symbol"SPO" rather than "PO." Exhibit 3 Private Office Standards w® PO-1 90 90 Desk and chair,file,seating for 1-2 guest.Often may not be a full height office. PO-2 120 120 5'Desk and chair,credenza or back table,file,seating for up to 2 guests. PO-3 150 150 5'Desk and chair,credenza,2 guests at desk,side seating for up to two persons. PO-3s 165 165 6'Executive Desk and chair,credenza,2 guests at desk,side seating for up to two persons.May include cabinet or file storage. PO-4 180 180 Like PO-3s,but larger to accommodate more filing and seating as may be required. Seats up to 4 guests. PO-5 210 210 Executive desk and chair,credenza,2 guests at desk plus side seating for 2 or small conference table. PO-6 240 240 Executive desk and chair,credenza,2 guests at desk plus side seating for 4 or small conference table. PO-7 270 270 Executive desk and chair,credenza,2 guests at desk,club seating for 4-6 or confer- ence table. PO-11 400 400 Executive desk and chair,credenza,2 guests at desk,club seating for 4 plus confer- ence table. A-6 Illustration - Private Office Standards Fi® ®,® PO-3 PC7-2 150 sf Private Office 120 sf Private Office ® ,tom' PO-3s 165 sf Private Office -- --- --- --- --- --- (�J F1 FIE] r)�F] F] ?0-4 180 sf Private O)flice A-7 Illustration - Private Office Standards I F— Cl IME P ,5 2!0 sf Pr"a Office UPJ3 [E] 3 , , , , , , i PO-6 290 sf Private Qffice A-8 Illustration - Private Office Standards I L= I - 1 1 1 i I I I I ® I I I I I 1 1 I i i 1 ® 1 I I PO-7 270 sf Private C)ffwe i 1 I i i ' ® U I LC) I I I I I I I I I I I ® 1 I 1 1 PO-8; 30D sf Private Off+re A-9 Illustration - Private Office Standards In C) M P0-9 330 sf Pmwtc Ofxe P'r'ivate Exit El m 3 4-1000 to PO-10 3601 Private Office A-10 Illustration - Private Office Standards EO J f ® S Y J Nate bat C3 -N9 40 3f Private Ofke :01h r r 5 r 5 5 f ® 5 J Exet PO-11 4*sf Private CAce F-11 F]I El 0 ri �d'AVate Eidt PO-11 400 sf Pruwte office A-11 Illustration - Private Office Standards - Shared Offices Sf ared Shared Offite Office SPC?-3 SPC}-2 1501 sf Shared Office 120 sf Shared Office IE Shared Shared Office Lj Office EE=10j SPOA SPCA-5 180 sf Shared Office 21 0 sf Shared Office A-12 Workstation Standards - System Work Stations The enclosures in an open furniture system are generally structural; that is, the panels carry the weight of surfaces, storage modules hung on the wall, and so on. The panels usually also have built-in chase-ways for electrical and communications lines (data and telephone),as part of an integrated wire management design. System work stations are designated by "en" which begins the symbol for the standard. The"en" is followed by a code which is associated with a particular square footage allowance based on the enclosed area of the workstation which is adjusted upward to allow for the addition of appropriate aisles and access (shaded in the illustrations and included in the "Total SF" column). The following Exhibit summarizes the space standards allocated to system (cubicle) open area workstations. Note that it is possible to program the space with the footprint number and then add later the circulation and access for the whole unit. Or, it is possible to allocate each workstation with its access. When programmed using the larger figure, we denote the standard with a "+" symbol and use the "Total" size below,which is larger than the cubicle enclosure by itself. Exhibit 4 System (Cubicle)Open Workstation Standards en-A 36 24 60 6'x 6' Not assigned en-B 48 30 75 6'x 8' Not assigned en-C 64 31 95 8'x 8' Majority of staff in cubicles are assigned this space en-D 80 35 115 8'x 10' Sr.Office Specialists located in reception points en-E 96 39 135 8'x 12' Not assigned Note that there are alternative configurations that a given standard can have, so that,for example, an"en-xx" space allowance can accommodate different work requirements.Also note that these allowances are generic, in that no one vendor is used. Different vendors may have various dimensions and components available in a system line. The following pages provide illustrations of dimension assumptions and of clusters of typical variations, as well as common conference spaces and reception stations developed with systems furnishings. A-B Illustration System Standards Array ftprt=58.5 sf en-A ,36 sf 60 sf inside ftprt=93.5 sf ftprt=76.5 sf Fe-n--C-- en-B 95 sf 64 sf inside 75!1 m 48 sf inside ftprt=136.5 sf ftprt=115.5 sf ftprt=94.5 sf en-E en D en-C 135 sf L115 95 sf 60 sf - 100 sf inside 80 sf Inside inside 1_. F EE ftprt=187.5 sf ftprt=162.5 sf ftprt=137.5 sf ftprt=112.5 sf 144 sf inside 120 sf inside 96 sf inside en-F en-E en-D 72 sf 160 sf 135 sf 1 15 sf inside _ ftprt=217.5 sf ftprt=188.5 sf ftprt=159.5 sf ftprt=130.5 sf 168 sf inside i40 sf inside FIIsf inside en-G en-F en-E 4 190 sf 160 sf 135 _ 184 sf -- -inside 220 sf A-14 Illustration System Standards-- Smaller Station Clusters Fla en-C(alternate) 60 sf inside 6'x 10' optional file en-A -:D 36 sf inside 6'x 6' drafting ' able en-B 48 sf inside rl 6x8 da ing able optional. CAD station Eli =D en-C en-D 64 sf inside 80 sf inside 8'x 8' 8'x 10' A-l5 Illustration System Standards r Miscellaneous Elements en/reception LA 115 sf allowance 64 sf inside en/reception 185 sf allowance(colored) 72 sf station footprint en/pinwheel 48 sf inside 300 sf allowance 145 sf inside(total) en/conf-8 seats en/conf-6 seats en/conf-4 seats 240 sf allowance 190 sf allowance 135 sf allowance 192 sf inside 144 sf inside 96 sf inside A-16 Open ,Area Equipment and Related Standards There are three primary considerations in determining the space requirements for a particular piece of equipment: (1) the area occupied solely by the equipment item, (2) the space required for the equipment user or operator, and (3) the need for access to the item. The exhibit below outlines the equipment dimensions and square footage allocations for frequently used items. The total space requirement of each piece of equipment of this nature is determined by increasing the actual footprint area of the item to allow for access and use. This factor has been determined from previous experience in developing layouts for similar facilities; space for non-standard equipment is calculated on an individual item basis. Exhibit 5 Typical Standards for Open Area Equipment e e Bookcase be 36"x 12" 3 7 10 File Cabinet—Traditional file or sf 18"x 28" 4 6 10 File File Cabinet-5-drawer f-5 18"x 28" 4 6 10 File Cabinet—Lateral File [at file 36"x 18" 4 6 10 42"x 18" 5 10 15 48"x 18" 6 14 20 Side Chair chair 24"x 24" 4 11 15 Storage Cabinet stg cab 36"x 18" 5 10 15 Table table 60"x 30" 12 28 40 Table—Extra Access Space table 60"x 30" 12 48 60 Guest Seating-2-3 chairs seat-1 - 40 20 60 Guest Seating-4 lounge seat-2 - 80 20 100 Coffee Station—counter cof-1 - 10 10 20 Coffee Station—enclosable cof-2 - 20 20 30 Coffee Station—enclosable cof-3 - 30 30 60 A-17 Conference Room Standards The size of conference rooms depends on (a) the number of persons seated at the table, (b) the size of the table (to accommodate bulky items, for example), (c) the possible requirement for spectators seated away from the table, and (d) presentation or display space. The last may include such needs as a projector area at the back of the room as well as a screen and presentation area with podium and such at the front. The standards we have used in this report are summarized in the exhibit below. Exhibit 6 Summary of Conference Room Standards mom MM C-1 90 " Interviewn Room Table,2 or 3 chairs. C-2 120 2-4 Person Interview Table,2-4 chairs. C-3 180 6 Person Conference78 ft table,6 chairs, possible writing surface on wall. 7 C-4 240 8 Person Conference 8 ft table,8 chairs, possible tack boards or writing surface.Table can seat 10, but crowded. C-5 300 8-12 Person Conference 12 ft table, 12 chairs.Can add library at one end and seats 8,or add presen- tation area and room seats 8. 12 ft table, 12 chairs,presentation area at end of room.Can accommodate C 6 360 12 16 Person Conference 16 persons if presentation space is converted to conference space. C-7 420 16-20 Person Conference 16 ft table, 16 chairs,presentation area at end of room.Can accommodate 20 persons if presentation space is converted to conference space. 20 ft table, 18 chairs, presentation area at end of room;cabinet(possibly C-8 480 18-22 Seat Conference Room with coffee service)at other end of room.Can accommodate 22 persons if presentation space is converted to conference space. 22 Person Conference Conference seating 14 at table, plus 6-8 persons at the side,with a presenta- C-9 560 -14 at main table tion area at the end of the room;and cabinet(possibly with coffee service)at -8 at side seating other end of room.Seats 16 at main table if no cabinet. 28 Person Conference Conference seating 18 at table,plus 8-10 persons at the side,with a presen- C-10 640 -18 at main table tation area at the end of the room;and cabinet(possibly with coffee service) -10 at side seating at other end of room.Seats 20 at main table if no cabinet. 34 Person Conference Conference seating 22 at table,plus 10-12 persons at the side,with a C-11 720 -22 at main table presentation area at the end of the room;and cabinet(possibly with coffee -12 at side seating service)at other end of room.Seats 24 at main table if no cabinet. C-11 720 20-24 person briefing room Row seating for 20-24,with presentation area. 34 Person Conference Modular combination of C-9 and C-4 conference rooms which open into one Divisible: C-12 800 large room using room-divider partitions. Full room seats 24 at the main table 8-10 person 20-22 person and 10 persons at the side.Cabinet at one end of room. A-18 IIIUstratio n Small Conference Rooms ri tr��M� F:�� C-1 90 sf lnnterviery Rm C-2 120 sf•4-persons IE 7 C-3 C-4 180 sf 6-8 Persons 240 sf•8 Persons A-19 Illustration Mediurn Conference Rooms MrInrirl 1� �� JUUU 16 Persons Without Presentation Area I— C-6 12 Persons With Presentation Area 360 sf* 12-16 Persons rlrlrlrlrl 16 Persons With Presentation Area 20 Persons W(diout Presentation Area c 42Dsf 116-20%Tsons A-20 Illustration Large Conference Rooms I i8Persons WithF�esenta anAresa 22 Perso m Whim ut Presentation Area 480 sf+i 8.2:2 Persons rIFInrirl ""LWU C-9 560 sf 94 Perms at Table(16 Wflhout Built-in Cabinet):68 Side Seating Ill side-sealinlo layouts cant substitute a side couodet, and exit ad table to seat 2 more. Table capacity o f this room.would become 18 or more personas A-21, IIIustrat ion Large Conference Rooms II W sf• l8 Persons at Table(20 N shout Built-in Ca binet�l,f-10 Sade Seating C-lii .,�M sf•22Peas»ns atTahle(24 b`shout Built-in Cabinet);10-d2Side Sing A-22 I I I u strati on Divisible Conference Room D; 24 Ptkrsnts atTa6&wth 10691 Sidi Seating 16 Persons at Talo#_l with 8.4 Si&Seating - 8 8 O Rwsn•ns at Ta6&e#Y2 C-12 WO sf+ Drviih9e Conference Room Training, Briefing, Community Room Standards The size of large meeting rooms depends on similar factors as for conference rooms, discussed above: (a) the number of persons seated as audience, (b) the nature or configuration of audience seating, (c) presentation or display space, and (d) the need for support areas for hospitality, chair storage, and so on. The room likely will include needs for projection, podium area(though usually on a flat floor), and various levels of electronic components. The needs vary with the type of application, and we do not use specific standard allocations,but formulate the need based on the specific functions required in each case. A selection of room allowances is summarized below. Exhibit 7 Selection of Training, Briefing,or Community Room Standards ®® �p ® MW 540 Training or MMENRIENOW MAN Symposium Accommodates 12-15 persons 700 Training or Symposium Accommodates 20-24 persons 720 Briefing Accommodates audience of 20-24 7 1200 Training or Community Mtg Accommodates audience of 54-63 1320 Training or Community Mtg Accommodates audience of 60 or more 1420 Training or Community Mtg Accommodates audience of 70 or more 1620 Briefing(raked floor) Accommodates audience of 60 A-24 Illustration Training or Meeting Room I F1 IE IE IE IIE IE IE Computer Training Arrangement -=I)=-- === Symposium Arrangement Training or Symposium Room 540 sf• 12-15 Persons A-25 Illustration Training or Meeting Room II II II II I� IE I I II II -.AU -I T Symposium Seating IE EU I:_ EU E, Presentation Seating Meeting Room 700 sf•20-24 Persons A-26 Illustration 40-50 Person Meeting and Briefing Rooms(Table Seating v.Audience Seating) (Flat Floor Multi-use Room) Hospitality (60 sf) i ro Storage (80 sf) . :---Optional_seat row_ 40-50 Person Meeting Room (720 sf+ 140 sf support areas) AN Stg 60 sf 0 r Coff - 60 3­6" 4,_0„ 3,_6". Storage 60 sf Tables,Misc Equipment, Refre hments,etc. 40-50 Person Briefing Room (1,420 sf+ 180 sf support areas) i A-27 Illustration Range of Briefing Room Options (Raked Floor v. Flat Floor) down down down down .. _� down down down down Shown with raked floon can he Briefing Room on level surface as well 1,620 sf•60-persons rl 720 sf 20-24 Person Briefing/Task Force Room ,A-2K Illustration Community Room (or Training Room) (Typical 50-60 person Flat Floor Multi-use Room) Provide jacks for cable TV and Hospitality/ / communications interface to Coffee Storage (120st7 �' '�. 120s outside o .5 TV Cameras 4. w this area [E] r] (�(��� (� when used as {� Press Room IEI IEI U, El I IEI IEI I IEI I I 1:1 El IEI U E El El IEI El 9:1 El El IEI U El IM IEI` IEI El :1 El 7-1 El TY Cameras in this area when used as IEI Press Room last row is optional when TV cameras are present Community Room (1,200so A-29 Illustration Large Divisible Community or Training Room (Illustration J.of 3:Set-up with Training Tables) AN Control&Storage ISO sf F1 F=U El EIL] -- Hospitality 180 sf �I Chair&Table Stg 288 sf =1 UUW U Training Equipment &Stg " 480 sf Meeting Room 2200 sf Meeting Room:2,200 sf plus support areas Seats 85-90 at Tables in Rows A-30 Illustration Large Divisible Community or Training Roam (Illustration 2 of 3:Set-up with Training Tables,Showing Divisibility) A/V Control&Storage 150 sf E Hosppitality I80 sf Chair&Table Stg 288 sf ""U Uu"MAU IU U U �i Training Equipment &Stg 480 sf 3-6" Meeting Room 730 sf Meeting Room divisible into 2-3 areas As shown:one room seating 24-36;one room seating 55-60 (all at training tables) A-3J- Illustration Large Divisible Community or Training Room (Illustration 3 of 3:Set-up with Audience Seating) A/V Control&Storage 150 sf O Oi Hospitality 180 sf Chair Table Stg 88 sf Training Equipment _ �jI��I 'jI�I�IjI�II�jI�I�If��' IjI �']I'(I�II�7II 480 sf V-2., Meeting Room 2200 sf Meeting Room:2,200 sf plus support areas Seats 150- 170 in rows A-32 Standards for Other Rooms Other rooms, such as copy rooms, computer rooms, mail rooms, storage rooms, and so on are sized based on individual content needs. That is, standard requirements for the workstations, unit equipment, counters, and other items in the room are added together, with an allowance for extra circulation (when needed) and for the use of the items. The need for added circulation allowance is typically based on test layouts to assure an efficient yet workable standard is developed. As with other rooms is this project, we have generally sized the (smaller) rooms in multiples of 60 SF, to allow the design and layout process greater flexibility and modularity. Standards for Coffee Service Areas Illustrations of standards and assumptions for typical coffee service areas appear below Typical Coffee/Service Counter(small area) (standard "cof-1") '-D .Contains sink,coffee 20 sf Coffee(type 2) Typical Coffee/Service Counter (standard "cof-2") - Contains sink, coffee,GD,trash. Opt'I MW. 30 sf Coffee(type 3) Typical Coffee/Service Alcove (standard "cof-3") Contains sink,coffee, refrig,GD,trash. Opt'I DW,MVV. 60 sf Coffee(type 4) shown as an alcove A-3 Illustration Typical Break/Lunch Room Configuration ------------------------ --, ! 1 F-I p L p 1 I L p t F-I: coo rr= 0 9i A-34 Selected Terms and Definitions The following terms are closely related, and the definitions for these terms often vary from user to user. Care should be taken to verify the definitions when these terms are encountered in other sources. Gross Building Area BOMA does not make much use of this figure,but for us the term means the total area of the building enclosed by the bounding walls, exclusive of overhangs and areas (including docks) outside the building line. The gross square footage of a building is the sum of the gross SF on each floor, which is measured to the outside finished surface of the permanent outer building walls. Basements, mechanical equipment areas, penthouses, etc., are all included. Note that this is sometimes referred to as the "construction area." Patios, overhangs, and similar elements are (usually) not included. Gross Measured BOMA defines Gross Measured Area to exclude the area outside the "dominant Area portion" of the bounding wall, and also excludes over-hangs, areas (docks) outside the building line, and enclosed parking. The dominant portion is usually either the inside face of the wall or the glass-line of the wall, depending on whether windows make up more or less than half the wall surface. There are exceptions, how-ever, as in the case of street-front storefronts. For us, this area differs from the Gross Building Area (by the thickness of the wall areas which are not included in the"dominant portion" and also by parking which is included in the Gross for Building E. Vertical Penetrations BOMA defines major vertical penetrations to include elevator shafts, mechanical shafts, and other areas "without a floor," including the bounding walls of these areas. We measure to the average thickness of these bounding walls, however. Tenant Area BOMA defines the area of a tenant(the "Office Area") to be the area where the tenant normally houses personnel, furniture, and operations under its sole control. Floor Common Area BOMA defines the Floor Common Area to be the areas on that floor available primarily for the use of tenants on that floor, such as wash-rooms,janitorial closets, electrical rooms, telephone rooms, mechanical rooms, elevator lobbies, and public corridors. The Rentable Area for a Tenant on a floor includes its prorated share of the Floor Common Area for that floor. A-35 Building Common BOMA defines the Building Common Area to be areas to exclude the Floor Common Area Areas and Vertical Penetrations,but to include areas which provide service to (all) building tenants, such as building lobbies and atria (at the floor level, not the shaft space above),building elevator lobbies,building mail rooms, and building core service rooms. The point is to identify areas servicing all tenants rather than just tenants on one floor. In the case of a campus setting, it is useful to think of each building as a"floor" in the BOMA definitions. Usable Area BOMA defines the Usable Area as the sum of the Tenant Areas and the Building Common Areas. Floor Common Areas are omitted. Thus, typically, the usable area equals the tenant spaces plus the are-as which are shared by all tenants (such as main building lobbies and corridors, but not floor corridors,for example). Net Sq. Ft This is the same as usable interior area in this report, and is the space which is listed in the program tabulation. Modified Usable In this study, especially where needs are to be computed, it is useful to distinguish all Area the main circulation corridors rather than to divide this between "Building Common" and "Floor Common" allowances. Similarly, it is useful to identify all mechanical spaces needed by the building, not to distinguish the mechanical areas for a floor from those for the building as a whole. Consequently, where we make this distinction, we identify the Usable as being Modified accordingly. The usable space is always defined when the definition is being modified in this way. Tenant's Rentable BOMA defines the rentable area of a tenant to be Tenant Area (Office Area), plus the Area prorated share of Floor Common Area (computed on a floor-by-floor basis and added) plus the prorated share of the Building Common Area. Rentable area for a floor usually includes everything except Vertical Penetrations. Building Rentable BOMA defines the total rentable area of a building to be the sum of the rentable for Area each tenant (which equals the sum of the rentable for each floor). Rentable area usually includes everything except Vertical Penetrations. Tenant Usable Area This is the same as the Tenant Area, above. It equals the Tenant Assignable Area plus the Tenant Assignable Circulation. Tenant Assignable This is the tenant usable area less the tenant assignable circulation. It includes (a) the Area area of rooms or offices, (b) the open areas by or "footprints"of desks, equipment, and so on, (c) the access area around such furniture or equipment(unless this is part of the "unit circulation" aisle). Assignable This area is equal to the walkways and defined aisles within the ten-ant usable area. Circulation Access space around open-area desks and equipment is not included, unless it is over—lapped with such well-defined aisles. Unit circulation is included in the net SF A-36 Inner Circulation This allowance is added inside rooms or areas to provide needed access to equipment or work stations that are listed there, especially when it is judged that the total allowance for access which is part of the items' space standard will otherwise be insufficient for proper layout. Inner circulation is part of the net SF of a room. Efficiency The efficiency of a building is the ratio of net SF to gross SF, usually expressed as a percentage. While the "gross" is usually well defined, there are several ways that"net" can be calculated. Major Circulation This area typically consists of stairwells and corridors defined by fire-rated partitions and in a multi-tenant building is that corridor space which is shared by all tenants. This may be larger than the gross SF of the building(but never less)and includes any balconies,constructed covered areas which are part of the building but exterior to it, Total Building Area and the like. We generally do not compute a"Total Building Area"beyond the gross SF figure, unless these elements are essential to the functional requirement. Outdoor elements are usually treated as separate items in this report. A-37 F� `�'� '�a.P, " ,•"� ° � ,.�� "" �� C � `�" y.-, �_ `rig <TM k � x x _ 0 1 9 r A s via LiE �tS � cgrsYard V u M..F EXHIBIT NO. Brick Crosswalk Rehab $60,000 Class 2 bike lane Trestle Glen $2,200,000 ''T Class 2 buffered bike lanes Tiburon Blvd $90,000 Elephant Rock Reconstruction $900,000 Flap Gate Replacement $115,000 New Morning Cafe Frontage construction $292,680 !" ORT Paving $400,000 ORT Storm Drain Culvert Replacement $155,000 PW Corporation Yard $15,000,000 Seawall at Main Street $195,000 1 Stewart Drive Pedestrian Crossing Caltrans Storm Drain Rehabilitation $800,000 Street Paving Overlay/Rehab $1,800,000 Beach Road Drainage $1,448,000 x Blackies Bike Connection $55,000 Cecilia Crosswalk $60,000 {T Class 3 bike lane Greenwood Beach Road $70,000 z y Gilmartin Left Turn $310,000 v Lyford Parking Lot Stair Construction $95,000 F Main Street Bollards $53,900 k= Mar West Roundabout/Signal $500,000 Marinero Circle Debris Fence $55,000 " ? McKegney Storage Facility $219,000 Paradise Drive Retaining Wall Stabilization $140,000 Sidewalk Hawthorne to Hilary $400,000 Town Hall Clock Tower Roof Painting ? �`Town Hall HVAC Replacement $305,000 Class 4 bike study Tiburon Blvd $200,000 Community Gardens $25,000 T, Crosswalk Avendida Mriaflores and Hilary $145,000 EV Stations ? 1 Hacienda Ridge Trail Access ? eLibrary Expansion ? Mar West & Tiburon Blvd landscaping $40,000 r Moitoza Lane Pedistrian Path $115,000 ORT Exercise Stations $80,000 3 Parking Facility Acquisition ? Gilmartin to San Rafael Sidewalk $760,000 Lyford to Mar West Sidewalk $760,000 Solar on Police Station PPA Tiburon Town Council May 1, 2019 AI -3 : FY 2019-20 Capital Improvement Program Overview Late Mail Requests for Copies: Lea Stefani, Istefani@townoftiburon.or� Lea Stefani From: Greg Chanis Sent: Monday, April 29, 2019 7:05 AM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late mail #1 Mayor and Council, This appears to be late mail for Wednesday. A couple more to follow G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 From: Matt Rowe <matt@headwaterssolutionslp.com> Sent: Saturday, April 27, 2019 5:02 PM To: Greg Chanis<gchanis@townoftiburon.org> Subject: Blackies am opposed to the proposed permanent storage building in Blackie's Pasture Regards, Matt Matt Rowe Managing partner & CIO Headwaters Solutions LP 30 Liberty Ship Way, Ste. 3220 1 Sausalito, CA 94965 /"i AA r —�— 9rr�n r e w r inn a rrs r� V d4 ID baa yJ ZJ t- 10.ebb. 1 0b�) DISCLAIMER: This message is intended only for the personal and confidential use of the recipients named above. If the reader of this email is not the intended recipient, you have received this email in error and any review, dissemination, distribution or copying is strictly prohibited. If you have received this email in error, please notify the sender immediately by return email and permanently delete the copy you received. This message is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments. Headwaters Solutions LP is not responsible for any recommendation, solicitation, offer or agreement or any information about any transaction, customer account or account activity that may be attached to or contained in this communication. Headwaters Solutions LP accepts no liability for any content contained in the email, or Lea Stefani From: Greg Chanis Sent: Wednesday, May 1, 2019 10:12 AM To: Lea Stefani Subject: FW: Late mail #2 Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415) 435-7383 -----Original Message----- From: Greg Chanis Sent: Monday, April 29, 2019 7:06 AM To: Greg Chanis<gchanis@townoftiburon.org> Subject: Late mail #2 Mayor and Council, Late mail#2 Greg Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 -----Original Message----- From: MICHELLE GOODMAN <michmareve@aol.com> Sent: Sunday, April 28, 2019 9:38 AM To: Greg Chanis<gchanis@townoftiburon.org> Subject: Opposed: Storage shed Dear Town Council members, I am strongly opposed to the proposed permanent storage building in Blackie's Pasture. Please preserve this beautiful public park space as we all know and love it. Sincerely, Michelle Goodman 26 Foss Avenue, San Anselmo Sent from my iPhone Lea Stefan i From: Greg Chanis Sent: Monday, April 29, 2019 7:07 AM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: FW: OPPOSED TO THE STORAGE BUILDING IN BLACKIES PASTURE Mayor and Council, Late mail #3 G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Emilie Baker<emiliej.baker@yahoo.com> Sent: Sunday, April 28, 2019 6:09 PM To: Greg Chanis<gchanis@townoftiburon.org> Subject: OPPOSED TO THE STORAGE BUILDING IN BLACKIES PASTURE Dear Greg Chanis, I am opposed to the proposed permanent storage building in Blackie's Pasture that will forever alter public park space. My family does not want a heavy equipment and chemical storage building in Blackie's Pasture now, tomorrow - or EVER!! Blackie's Pasture and Old Rail Trail are the crown jewel of the Tiburon Peninsula for everyone to enjoy! This should not change! Please hear the opinion of so many of us on this matter. This is important to so many of the families living in the Bay Area and beyond. Kind regards, Emilie Baker (415) 420-2713 Lea Stefani From: Greg Chanis Sent: Monday, April 29, 2019 12:56 PM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late mail #4 Mayor and Council Late Mail#4 G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Pat Barnard <patebarnard@gmail.com> Sent: Monday, April 29, 2019 12:07 PM To: Greg Chanis<gchanis@townoftiburon.org>; Lea Stefani <Istefani@townoftiburon.org> Subject: Please forward to town council members-thank you am writing in opposition to the Pesticide and Equipment Storage Building proposed in Blackie's Pasture. I am concerned that the building is unnecessary, a waste of taxpayer money, is environmentally dangerous, a bad idea, was voted down by two Commissions, and is being developed without any true public process. Blackie's Pasture is zoned for passive recreational uses. It is inappropriate and inconsistent with this use to have a storage building in a public park. We should not waste our precious pristine park space to store equipment solely for the convenience of Town staff. Please vote against this bad ideal Parks are for people and Storage Yards are for everything needed to maintain those parks. Imagine if we built Storage Buildings in every park in Tiburon? Please appose this item, support our residents and send a strong message that Blackie's Pasture is for the public Pat Barnard 35 nndr evv LDr ive-r+140 Tiburon P e' Angela McInerney 60 Mount Tiburon Road Tiburon, CA 94920 Tiburon Town Council members Tiburon Town Manager April 29, 2019 Dear Tiburon Town Council Members and Tiburon Town Manager, I am vehemently against the proposed permanent mechanical and chemical storage building in Richardson Bay Lineal Park. It is inappropriate and inconsistent with the General Plan for the Town of Tiburon to appropriate usable public park land to create a satellite corporation yard. I am fiercely in support of properly maintaining our parks and open spaces; however, building a gigantic, unnecessary, and financially irresponsible mechanical and chemical storage "shed" in Richardson Bay Lineal Park is not the answer: The Staff Report states that the proposed equipment can all be stored in the current Corporation Yard, less than 2 miles from Blackie's Pasture. It does not make financial sense to spend more than $200,000 to save less than $5,000 annually in maintenance hours. The Town should be focusing on making Blackie's Pasture/Old Rail Trail a less industrial area. None of the master or precise plans have ever included a heavy machinery and chemical storage building in any part of the Richardson Bay Lineal Park. In fact, nearly 50 years ago the authors of the 1972 Richardson Bay Lineal Park Plan envisioned a future where Blackie's Pasture/ Old Rail Trail was a less industrial park. The plan said, "Should (Richardson Bay Sanitary District) become available for inclusion in the park... It would be most appropriate place to locate facilities such as a swimming pool and recreation complex." The proposed uses and facilities for the park were intended to keep structures to a minimum in size, extent and number. The fate of the Richardson Bay Sanitary District settling ponds is unclear. Instead of allowing a hodge-podge of individual projects and wasting money on an unnecessary storage building; it is time for the Town to invest in a cohesive plan for the future of Richardson Bay Lineal Park. The proposed location of the mechanical and chemical storage building is very concerning. It is adjacent to Old Rail Tail, two highly trafficked public restrooms and a picnic area that people, children and pets use. In addition, a bicycle repair station has been approved for that area, but it has not been installed yet. The Town has not engaged the public in any workshops or forums. There have not been any signs or notices posted in the park regarding this proposed heavy machinery and chemical storage building. There have been no studies to look at the impact this giant shed will have on the park, park users, and neighbors. How will this building affect resident's views? Will there be any light or noise pollution? How often will the machinery be seen driving to and from the fields from resident's homes? Will there be any fertilizers, pesticides, or fuel stored in the building? What happens if there is a spill? How will workers access the building? Will they drive the DPW trucks to the site, or will they walk from the parking lot? How does this impact pedestrian and cyclist traffic in the area? How does this impact the newly installed picnic area (would you want to eat and play where heavy machinery is driving in and out)? There are so many unanswered questions and concerns about what and how things will be stored in the building. The public deserves to have their questions and concerns listened to. If this mechanical and chemical storage building is built, it will change Blackie's Pasture and Old Rail Trail for all future generations. This is not a small thing to tread lightly on. Blackie's Pasture and Old Rail Trail are the "Crown Jewel" of Tiburon's parks. Why would we defile it with a giant satellite corporation shed? How does the mechanical and chemical storage building rank on the Capital Improvement Matrix and how has it leap-frogged almost all other projects? Is the storage building more important than fixing the land slide on Vistazo or Paving the Old Rail Trail? What about the Mar West Roundabout? cannot understand how the chemical and mechanical storage building is even in the top 2/3 of capital improvement projects when I look at the ranking criteria. Criteria ranking number one: Does it meet the General Plan Policy? The General Plan says that the "community has expressed a broad consensus that the Town of Tiburon is a unique and special place because: The Town possesses some of the best views available anywhere in the world. The Town is, at heart, a small town with a village character, a.residential refuge from the City of San Francisco and the more urbanized-parts of Marin County. The Town has a vast network of open space, including most of the peninsula's backbone, the Tiburon Ridge, which provides a unique community resource that can be enjoyed by residents and visitors alike. Overall it is the purpose and intent of the General Plan to plan for the future while preserving these key characteristics...The Town goals from the 1989 General Plan which received the widest support of participants were to protect and enhance the Town's unique open space and natural beauty, protect and enhance the quiet residential image of the community, and maximize permanent open space." The General Plan Land Use Goal LU-F states, "To preserve and protect Tiburon's views, scenic environment, natural beauty, and open space." Section 2.5; Land Use General Policy LU-3 states, "The Town shall strive to preserve the greatest extent feasible wildlife habitat in open spaces, shoreline, marshes, mudflats, woodlands, and other biologically sensitive areas." How can a building that will impact resident's views rank high while meeting the general plan policy? Section 8 of the general plan is the Parks and Recreation Element. The parks and recreation goals are "To provide sufficient land and facilities for a balanced system of parks and recreation opportunities that serve all ages and to anticipate population growth and to plan for and provide funds for the acquisition of adequate lands or installation of adequate facilities to address future parks and recreation needs of the community." Park facility policies primarily focus on protecting park land and acquiring new park areas—not taking viable park land away from residents and visitors. How can appropriating a large part of Richardson Bay Lineal Park for a mechanical and chemical storage building benefit the goals of acquiring and developing new park lands? Criteria number two: Is it required by legal mandate? No, it is not. Criteria number three: Does it help avoid consequences of deferred maintenance? No. Criteria number four: Is there a dedicated or non-general fund funding source? No. Criteria number five: What is the effect on operating costs? The building would cost more than $200,000 and save less than $5,000 annually. Criteria number six: Does it remove or reduce threats to health and safety? No. I would argue that it might potentially increase threats to health and safety with the location in close proximity to Old Rail Trail, public restrooms, picnic areas, and bicycle repair station. Criteria number seven: Does it provide large functional benefit to residents? No. It is a building of convenience for Town staff. Criteria number eight: Does it provide._a large aesthetic benefit to residents? No. If the proposed mechanical and chemical storage building barely registers on the Capital Improvement Matrix, why would the town continue to pursue this large capital expenditure? The Parks, Open Space, and Trails (POST) Subcommittee for the Blackie's Pasture and Old Rail Trail Maintenance and Nature-Based Enhancements, of which I was a member, did recommend that the Town Council consider additional funding for park management and maintenance.The funding was intended to provide management training and additional maintenance hours, not provide a reason to build a storage building in a Town Park. The POST commission did not vote in favor of a permanent storage building. The POST commission did vote 4-1, with my vote the dissenting vote, to build an aesthetically pleasing temporary structure. The current chain link and green mesh fencing is not aesthetically pleasing. In addition, who approved the current chain link storage location? POST did not. It is a theoretical assumption that the building is necessary. The reality is that it is a building of convenience for Town staff, a satellite corporation yard built by usurping usable park land from the public domain. It is a fiscally irresponsible, unnecessary building, located inside one of the Bay Area's most prized parks. All of this has been done without a single public workshop, against two Town Commissions, and without sufficient capital improvement rankings. Constructing a mechanical and chemical storage building in Richardson Bay Lineal Park will change it forever. The thought of this should weigh heavy on your heart and your conscience. Once and for all, please put this item to rest. We do not want or need a heavy equipment and chemical storage building in Richardson Bay Lineal Park -- not today, not tomorrow, not ever. Sincerely, v��da V 64et�" Angela McInerney Parks, Open Space, Trails Commission* 60 Mount Tiburon Road Tiburon, CA 94920 *For identification purposes only Lea Stefani From: Greg Chanis Sent: Monday, April 29, 2019 3:30 PM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late mail #6 Mayor and Council Late mail below Greg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Brianna Cutts<breecutts@gmail.com> Sent: Monday, April 29, 2019 3:23 PM To: David Kulik<dkulik@townoftiburon.org> Subject: OPPOSE: Storage Unit at Blackie's Pasture Dear Mayor Kulik, I realize the need for a permanent storage building, but I OPPOSE its placement in Blackie's Pasture. Thank you, Brianna Cutts San Anselmo Lea Stefani From: Greg Chanis Sent: Monday, April 29, 2019 5:39 PM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late Mail #7 Mayor and Council, Late mail below G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Amy Kline Lapp<amyklinelapp@gmail.com> Sent: Monday, April 29, 2019 4:48 PM To: Greg Chanis<gchanis@townoftiburon.org>;Jon Weiner<jwelner@townoftiburon.org>; Holli Thier <hthier@townoftiburon.org>;Jim Fraser<jfrase r@townoftiburon.org>; Alice Fredericks <afredericks@townoftiburon.org>; David Kulik<dkulik@townoftiburon.org> Subject: Blackie's Shed Town of Tiburon and Council Members, I have heard that there is a storage shed that is planning to be built at Blackie's Pasture. Please do not build any structures on this valuable park space until the people have chosen what to do with the land that will be coming available. And for sure we do not want chemicals and heavy machinery kept next to the picnic tables and open park space. My family (husband, 2 boys and a dog) and I use Blackie's and Old Rail Trail frequently. Our children play soccer in the beautifully redone McKegney Green (thank you for that!) and we do not want to have a working machinery and chemical shed on our precious potential park space. Let's slow down this process and think through the long term use of this land. Many thanks. Your concerned neighbor, Amy Lapp Sent via my 1Phone, please excuse any typos Lea Stefani From: Greg Chanis Sent: Tuesday, April 30, 2019 6:54 AM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late Mail #8 Mayor and Council, Late mail below Greg Greg Chanis,Town Manager Town of Tiburon 1.505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: K 0 McLeod <kayomcleod@gmail.com> Sent: Monday, April 29, 2019 7:12 PM To: David Kulik<dkulik@townoftiburon.org> Cc:John Mcleod <mcleodfx@earthlink.net> Subject: NO to the storage building at Blackies Pasture Dear Mayor Kulik, I am shocked that the Town of Tiburon would put a building on Blackies pasture. An industrial yard will bring pollution, noise and vehicles right into the passive recreation area.This takes away from the serenity and safe haven of the park environment. Recently I've noticed a lot of vehicle traffic along the Old Rail Trail. I see the trucks parked in front of the "temporary" storage cage. It's disturbing and invasive. I feels wrong in every way when you are out there trying to enjoy free motion and then you have to stop and yield to a truck.The picnic area is right at the edge of this heavy equipment storage area. It is just starting to be a popular park destination, where play can be undisturbed and safe. Beeping trucks are noisy, not safe and they disturb the views when they drive on the multi-use path. Already children cycling to and from school along the Old Rail Trail have to navigate around trucks. Sadly,the trail is slowly becoming congested with traffic since the "temporary" cage was installed for the storage of the equipment. if anything, the "temporary" cage should be moved to try another location. It is already clear that this is not going to work out. Further,the idea of planting trees to hide the building only takes away more space in one the very limited "active" recreation area left anywhere in the park. Surely this should be used to create something for youth.The gravel drive and parking area is not kid friendly either. Ultimately gravel rocks will end up in the multi-use path.This could cause dangerous problems, therefore more maintenance and it's just plain ugly. This world class field, located in a wold class linear park, deserves a better plan. The staff may be inconvenienced for a while, until something is resolved, but it is not fair to have the people who live here,who pay taxes and use the facilities here, not have some say about what happens in their own park. There has been very little, if any, public notices or workshops. Please hear from others.A better solution may cost more or less but at least it would be thought out. You can't go back and say, "Oh no! we made a mistake!", but you can decide to look for a better alternative and be proud of a wise decision. Thanks for your understanding, respectfully, Kathy and John McLeod 21 Mercury Ave Tiburon, Ca 94920 415-686-3805 Lea Stefani From: Greg Chanis Sent: Tuesday, April 30, 2019 9:43 AM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late mail #9 Mayor and Council, Late mail below Greg Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415) 435-7383 -----Original Message----- From: natasha dial<natashadias123@hotmail.com> Sent:Tuesday, April 30, 2019 9:40 AM To: David Kulik<dkulik@townoftiburon.org> Subject: Blackie's Pasture Dear Tiburon Town Council Members, I am opposed to the proposed permanent storage building in Blackie's Pasture. While I lived in Tiburon I had ability to use the public space Blackie's offered, I would hate for other people to miss out on what I was able to enjoy for so long. The public space should remain just that, for the public! Families should be able to have that space in order to enjoy all the beauty Blackie's Pasture has to offer, and because of that belief I strong oppose the permanent shed building that is being proposed. Best, Natasha Lea Stefan i From: Greg Chanis Sent: Tuesday, April 30, 2019 11:17 AM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: Late mail #10 Mayor and Council, Late mail below G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Courtney Momsen <courtney.momsen@gmail.com> Sent:Tuesday, April 30, 2019 11:06 AM To: Greg Chanis<gchanis@townoftiburon.org> Subject: Proposed Blackie's Storage Shed Site Plan Dear Tiburon Town Council Members and Tiburon Town Manager, As I am unable to attend Wednesday's meeting, I am writing to voice my opposition to the proposed permanent storage building in Blackie's Pasture. I understand the purpose and convenience a corporation shed would provide but I ask you to please vote against this sizable permanent structure at this time. We all know Blackie's pasture to be a treasure. Please seize this opportunity to maintain the vision that Sam Shapero had to preserve and protect this land for the use of the people. Let's take hold of the foresight included in the Richardson Bay Lineal Park (Blackie's Pasture/Old Rail Trail) Plan in 1972 which encouraged opportunities to make the park less industrial. Instead of rushing to approve this shed, I would urge that we take a step back and take time to create a cohesive plan for the park, in its entirety, with ample opportunity for input from the community before decisions are made that cannot be undone. Thank you for the opportunity to voice my concerns. Sincerely, Courtney Momsen 1761 Mar West Street Tiburon, CA 94920 Lea Stefani From: Greg Chanis Sent: Tuesday, April 30, 2019 2:56 PM To: Greg Chanis Cc: Lea Stefan[; Patrick Barnes Subject: Late mail #11 Mayor and Council Late mail below Greg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Frances Barbour<febarbour@gmail.com> Sent:Tuesday, April 30, 2019 2:52 PM To: David Kulik<dkulik@townoftiburon.org>; Alice Fredericks<afredericks@townoftiburon.org>;Jim Fraser <jfraser@townoftiburon.org>; Holli Thier<hthier@townoftiburon.org>;Jon Weiner<jwelner@townoftiburon.org>; Greg Chanis <gchan[s@townoftiburon.org> Subject: No Corp Yard at Blackie's Dear Leaders of Tiburon: Please do not authorize the proposed construction of a corporation yard at Blackie's Pasture/park. Already there is too much foot/b°ike traffic competing for a safe lane, and adding vehicles to that area on a daily basis is completely deleterious to park safety, value, and aesthetics. If Tiburon TRULY requires such facilities (please prove that), please determine a location completely away from where people come to gather and recreate at the parks. Thank you for your consideration and leadership, Frances Barbour 27 Mercury Avenue Frances E. Barbour mobile/text: (415)577-4601 Community Administrator, Northern Bay Area, California CHI Au Pair USA www.chiaupairusa.org Lea Stefan i From: Greg Chanis Sent: Tuesday, April 30, 2019 2:58 PM To: Greg Chanis Cc: Lea Stefani; Patrick Barnes Subject: FW: Storage Building at Blackies Pasture Attachments: Scan 1; Scant; Scan3; Scan4; Scan5 Mayor and Council, Late mail below and attached. It appears you may have been copied on the original email, but just making sure you are in receipt. G reg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 From: Bruce D. Abbott<brucedabbott@comcast.net> Sent:Tuesday, April 30, 2019 11:46 AM To: David Kulik<dkulik@townoftiburon.org>; Alice Fredericks<afredericks@townoftiburon.org>;Jim Fraser <jfraser@townoftiburon.org>; Holli Thier<hthier@townoftiburon.org>;Jon Welner<jwelner@townoftiburon.org> Cc: Greg Chanis <gchanis@townoftiburon.org> Subject: Storage Building at Blackies Pasture Dear Mayor and Council,Town of Tiburon: I would like to address you in regards to the proposed construction of a Maintenance/Storage building on Blackie's Pasture; Wednesday's agenda. The extent of my remarks are contained in a letter to you, in Scant, and consists of less than two pages. The other scans (Scan 2 through 5) are support documents. I request that you open and read my letter to you. If you have time and would like to see the supporting documents, please open and read Scans 2 through 5. Thank you very much for your work and for the valuable time required to do it. Bruce Abbott 458 Greenwood Bearh Rnad Tiburon 415 600-7746 Bruce Abbott 4S8Greenwood Beach Rd, Tiburon, C494y2O Tiburon Town Council l5OSTiburon Boulevard Tiburon, [A9292O April 3(l20l9 Subject: Storage and Maintenance Building, 0ackie'sPastu/e Dear Members ofthe Tiburon Town CouncH: | respecthuHysubrnitthefoUovvingregardingthernaintemamcesbuUdingatBfackie'sPes1ure. Lest it be overlooked or forgotten,the 1972 Bond Issue authorized the issuance of bonds for the purpose of raising funds for the acquisition of Open Space property in Tiburon. Reciting specifically the language of the referendum: "Shall the City of Tiburon incur a bonded indebtedness in the principal amount, of$1,250,000 for the acquisition, construction and completion of the following municipal improvement, to wit, Rea/property for open-space and recreational purposes?" Prior to the referendum, the Council, as revealed in Council minutes,went to some length to clarilfy any possible misunderstanding of the purpose of that bond issue, with specific emphasis that the property acquired with this bond issue funding was for open space, passive use only and was not to be confused � with a park. The issue was submitted to the voters and passed by the measure of 1327 to 493, easily exceeding the requisite tvvothirds majority for apprnvaL The bonds vvereissued, open space including Biackie's Pasture was acquired, and for the ensuing 25 years, the citizens of Tiburon paid off the indebtedness. As I am sure you are aware, bond issue funds may not be employed for any Purpose not specifically authorized by the bond issue referendum and they may not be comingled with tile general funds or employed to discharge obligations that are properly those of the general fund. The Constitution ofthe State of California provides that funds acquired by a bond I ssue may be used only for the purpose expressed in the bond issue referendum, and that purpose may be changed only by two thirds approval the voters, The Council has noauthority 10unilaterally modify that purpose. Over the years, many proposals have been made to the Council seeking approval for a variety of activities oruses atB/ackie'sPasture that were not envisioned bythe 1972bond issuereferendum Almost universally,those proposals have been thwarted, usuaUyafter lengthy and sometimes bitter public hearings, Some of the Property so acquired has been put to use for purposes not envisioned by the bond issue referendum atthe instance ofthe Town itself. If Past Is prologue, there will continue to be an infinite number of proposals to divert this beautiful spot to some unauthorized purpose, Unless vigilance isexercised bythe Council, the open space known as 8|eckie's Pasture will inevitably all be lost. It will be lost incrementally, with each incremental step becoming more difficult to resist, but once it is gone, there will be no turning back and it will be gone forever. The erection ofamaintenance/storage building at8|ackie'sPasture does not conform tothe purpose defined in the 1972 Bond Issue Referendum and this proposal should be abandoned. There is nothing like B|acNe's Pasture that| know of, anywhere. It is the crown jevwe!of Tiburon Open Space, and with care will become more so. Our efforts should bedirected kzshore upand reaffirm the measures that have been set inplace toprotect it, not find reasons toevade them. Tiburon"sbeauty and charm are attributable innosmall measure 10its open space, Without its open space Tiburon would be a much different place. The Council members of5Oyears ago who provided for that now seem like prophets. Generations yet unborn, who may never know its history, will beamongthe beneficiaries, |tisthe obligation ofthis generation toensure that inherbance. The mantel ofprotector ofopen space should properly beworn bythe Town Council, I include a few attachments which were copied from records that were once maintained in the Town Hall. Alone, these attachments do not cover all proceedings that addressed this issue, but they are adequate to substantiate that Blackie's Pasture is open space and indicate the limits of its use. There are many more clocurnents among the Town records that provide a wealth of factual and colorful information about the history of our open space that offer a more complete understanding and appreciation ofits history. | have copies ofadditional records too numerous{oattach that Iwould be happy toprovide ifyou like, /amgrateful tmyou for your service,and`for the time and effort required todigest this missive and resolve this issue, hopefully once and for all, Sincere wishes, Bruce Abbott CITY COUNCIL CITY OF TIBURON CALL TO ORDER The adjourned meeting of the City Council, California, was called City of Tiburon# State_of to order by Mayor Albert ji. Sennett at 7:42 p.m. , July 17, 1972, in the City Hall council Chambers. I. ROLL CALL PRESENT: COUNCIWEN- Aramburu, Decker, Fanning, Littman, Sennett ABSENT: COUNCILMEN: None Ex OFFICIO: Robert L. Kleinert, Ass1t. City `Manager III. ---' APPROVAL OF MINUTES There Were no minutes approved. IV. --- BUSINESS OF THE COUNCIL ACQUISITION op OPEN SPACE Action Adapted Resolution No. 445 Mayor Sennett reviewed the past action of the Council in reference to the City Council,s calling for a special bond electi acquire open space, Ile noted the nesolution of � on to Necessity has Originally been adopted at the jure Interest and meeting and the Ordinance Calling for a ne 26th Council likewise been introduced and Passed first Special Bond Election had meeting. St reading at the July 10th Because of the Council,s desire park" from both the resolution anto eliminate the word necessary to rescind the adapted d the ordinance, it was now d Resolution No. 446, and the ordtn- ance which had passed first reading would not come on for second reading. AesOlutiOn of Public. interest & Necessit A motion by Fanning, Seconded by Decker to adopt the revised Resolution No. 455 "RrSOLUTT014 DETERrjjjqING THAT THE pU13LIC I11TEPXS,? AND NECESSITY I)Et-WID THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF TIBURON OF TPX- FOLLOTIING MUNICIPAL VVROVEMENTt TO WIT: REAL PROPERTY FOR OPEN-SPACE AND RECREATIONAL PURPOSES. AND TIJAT THE COST OF SAID MUNICIPAL IMPROV01ENT SILL REQUIRE AN Bx- PENDITURE GREATER THAN THE AMOUNT ALLOVIED THEREFOR BY THE ANNUA.L TAX LEVY". rine Ellinwood questionecl the Council's reasoning for the elimination Of the word "park" from the original resolution and ordinance. Chair responded The that Council was concerned the word would possibly Cause some misconception or misapprehension by sorne Tiburon I residents, in that it wOUld be equated witi, inLenve 4 QueMoniwas called on ......... 3-J. tho O`fon carriedt the motion to adopt D esOlutiOn No. 455, and AYES: COUNCIU-IEN: Aramburu, Becker, Fanninal, Littman, Sennett NOES: None ABSENT: COUNCIL11EN: None Ordinance Call in for a s2ecial Bond Election A motion by Fanning, seconded by Becker, and there being no Qb the Chair ruled full reading of' the Ordinance waived, ordinance was read by title only. and the lection, JulY 17, 1972 CITY COUNCIL MINUTES No. 287 Page I CONSTRUCTION AND COTMLETION OF THE FOLLOWING MUNICIPAL li,ipRo VE TM'NT, TO-111T REPS PROPERTY FOR OPEN-SPACE, PARY AND RECREA- TIONAL PURPOSES; DECLARING THE ESTIMATED COST OF nAID MUNICIPAL IMPRCV,EMENT, THE AMOUNT OF THE PRINCIPAL OF SAID XWOEBTEDNESS TO BE INCURMED THEREFOR, AND THE 11AXIjiU1tj RATE OF 31WEPBST TO BE PAID THEREON,- 1=111G PROVISION FOR THE LEVY AND COLLECTIOIJ OF TAM; AND FIXING THE DATE OF SAID ELECTION, THE IIANNER OF HOLDING TUE SJVID, ESTA13LISHINC ELECTION PRECINCTS AND POLL WG PLACES FOR SAID ELECTION, APPOWTING ELECTION OPPICEPS THEREFOR, AND PROVIDING F'OR NOTICE THEREOF, came on for introduction and Mgt reading. On Motion of Panning, seconded by Becker, and there being no objection, the Chair ruled fUll reading of the ordinance waived, and the Ordinance can be read by title only. The Chair advised the date of September 19 had been proposed' by staff as the date for the election at the request of the County, who have set special elections for this date in other areas of the County. However, or. Rampton Harvey, chair- man Of the Open Space Committee, and former Mayor Rice had urged the date be changed to October 3, 1972. It was moved by Fanning, seconded by Becker, that the ordinance be deemed to have passed first reading with the appropriate changes to October 3 as the date of the election, to be made as follows: On page 2, under Section 1, page 6; on page paragraph (9) , line 5, should be changed from September 26 to October 10; the last page under Clerk's Certificate, line 6 of the second para- graph should read "at a regular meeting of the C0111cil - - . on July 24, 1972.`F St the request of Littman, and there being no objection, the Chair ruled the ordinance amended to delete oho word "park,'' e title and to body of tile ordiii-enc q� Uh� -a—se7C6-- -WAS-and recQ4QQa1 re — �___ p fj 2 6T SAW Axx Fanning accepted the amendment. Th; City Attorney recommended the ordinance be reintroduced with the appropriate changes made by Council. The Chair ruled that the ordinance before the Council with the changes given by the Assistant city Clerk and by Littman as the ordinance before Council for first reading. It was moved by Panning, seconded by Becker, that the ordinance, as amended, be deemed to have passed first reading. The Chair read the ordinance by title only, Question was called, and the motion that the ordinance, as amended, pass first reading, carried: AYES: COUNCILION: Aramburu, Becker, Fanning, Littman, Sennett NOES- COUNCILHEN: None ABSENT- COu1,jCIU1E1:1; None 7. FINANCIAL REPORT REGARDING Actiont Report received ACQUISITION OF OPEN SPACE The Chair received the report from Mr. Vernon Perry, financial consultant, entitled ''THE CALIFO:'141A MUNICIPAL FINANCE CITY OF TIBURON - OPEN SPACE ACQUISITION - PIoANCE.f, July 10, 1972 CITY COUNCIL -MINUTES NO. 286 Page 2 Total Vote MEASURE A: Vote "YES" Shall the Cit Of Tibu,on ACqU4 cur a bonded indeb _Lsition) in tedness the principal amount sf1 ,250,000 for the acquii- CtiOn and complet- wingmunici10n, of the municipal improvement., to wit- - Property for open-space and recreat' . Veal purposes-, lona. LI VI 4 - The number of votes cast. in each precinct and by absentee ballot for and against said measure was as follows : BOND MEASUpE Precincts VES NO 3001 4-72, 3002 Ira 3003 FISCALATARS 1997& 1998 Open Space Properties Acquired With Proceeds of 1972 General Obligation Open Space Bonds Date Acquired Property Owner c ription �i 25.0+ $232,eagc Purchase Purchased nount 1 1973 Nov€mber avy En d of Cilt't "tin eve near� St, l °s Church ( 2 1974 June MC lackze's Pasture 1,60 23 ,0001 3 1975 March Connell Black-to's pasture 10,00 1 WOW 4 1975 l�Iay At°kii�n Ridgeline,NW Tiburon adjacent to 60.00 � Ring Mountain �, i, 3� 1 5 1975 July R.1w�7-&D, Nfi dle Ridge,Central Tiburon 12,E 190,0006 1975 September CalTrans Richardson Bay Shoreline.frr�rn 43.60 25I 3lacl ie's Pasture to Sart Rafael Avenue 7 1976 February Marin Housing Adjacent t eed Union School 2.00 Wo and Mlarita Complex 1977 August Hamon l°. ddle ic,Central Tiburon 1 . 00 200.000 9 1981 October Ward Exchange Of Property. Greenwood 0.40 Beach Road Tiburon Boulevard parcel for Reed Ranch Road Lot 1953 Marclr CalTrans adjacent to parcel at CreenA od x.25 Beach Road'/Tiburon Boulevard I l 1995 March Jai-Proper Joint participation with Cour1100,000 tY Opell ;pace District PtI3 T`, t ed ot. t-111a='s Upen Spree) I CommunitlY Facilities District, 1993-1 ( 12 1996ecember Harroman Pro erty j'r,int P w participation With 1 1v1ann C0LmtY 0fxT1 Space District 500,000 (Old St, hilarys open Space) Cosx'nunit,Y Facilities Distz is 1993-1 Total Acreage&Crista -..y.�....::...�..w....�..._..:-�--. . 165,65 Total Fund Resources:as of June 30, 1997 S104,JQ7 02 F Ci• "i l.. E4t FT$d i �,...# k `''-Al-FO��N#i... J 0 E # �� ar4#If Ts. I 'UL `A. {tAt,.., ,i_.CA4.if>(AOit 'A p}:y;,# March 17, 1975 f - .t,1. t:;r 1'�.�'c"m b u r L�A.. Mayor u'. City .of TiburonTiburon, Californ.i1a 94920" Pasture Ejear A-1 L, As -he escrow i-nv I x.ng the sabov� ��, ��Y� r�rzt�.y,,: about to clo , 1 ��$��i����� brief r�v�a_€etia oi heCity's ir€v1vea€�et inight:'not be ouL o£` order ttac,heco for your information are two plats wh ich.magi .rz .3 �' in �iaB°1 .InderL;ta2".d.Zr1a of..the VaL':x.OUS Pr1.3;.-{."-elv 1.:i"?.volv�ed Parcel 1 (6,24 a c,yes and c.°olorea" a-n purpl S-tri i-). iS �'he area son,etimes rete red �fi as "Bl r ��t�e �e� x Pasture �a �_thoU,gh :1 think many xe idents of Tiburon refer b t he �n4-' prea aS,. r Y An undivided 2/3rds inte=rest :in Parcel presentl awned by t 1h.e C it t and an ': iid ide 1/3rd by :.Gera .d Connell In ad',.` i tiC_n, we ii w pry S -n1 �.Y inq t.O, purc ha-X�l 0. parcels 2'; 3, 4 and 5 (all presentl owned by Gerald ;t�.'c nnel.l.) . Parcel 2 s a si-1-Jl rct:, filled to rade (vellow) of al, x� (,nosh, w.f nt a11$ of w1l,,cI€ �anc<r Yt r� ') Parcel a_"tom' �" �. . '' e t 4 r� 's1 L to c,i 4, c I b u s riu.,e of which . are tinder Water, Pace 5 (green s3e) i i .�,�} tai. Ita.rr"r�r� �3�i7.�.t3l i:.<,t::a�ed ' Cjj"c.€t...'C,-n a- to t h e old i r a.-J_1 r o a d r 1.g? f -id ; �s �:C� }..�. r'a't .. Ft a 9 Y�,(e' age is vi.'�.:. ge wIQ`se ,#.ich - .^ (.T T€ 4 .Yi i..L�t S. In 11 r y- �, fjfj F t � JJ h $ £ s - a , ;r IN s`4 Albert A am uru,, Mayor March 17, 19eD Page two Pa s. creage . (c ie 3 d is : acres.) .1 3 3.28 a 4 . acres 5 In a d J. you i recall, theCly previou'SIV acquired the- railr a riga OT aV and tie' NIC, ���de Thi "railrc�a . r gh o -tea �. niJicatd in � c a rdel in5 3 d 4 'y. 1 3owe at oIc tor' a�'r '-1/2 .s». ' Ea'e to :.'' zFi.�.s Upq`-� *r r r' � c)r,s �.X"yt»yy�^sTt,cues U `�3Tt 3 '' C x Fd::.0..s3 ,b-.n. .y S.:'� w.Y�( L %S..- ... '�9 .{ r "wn°�L. Tfa ads �"�i w',�a.ml a,3'}�d G�p'i:..r o at, that-time vi�-ded .1/3rd interest x x: 5 ',. �4 L'O ..M ._ tea'. �(U t. : .1 p 15 t 2,,, t the �. :. ip in- an a :. yea, ItS ` uai div"ide :' w s� 4" a. $ 3 1 07 or which, the ci:tv.'a sr e:y�� � � A =��. .a.� re the Four ration %,»}loaf t had poi( Conhel fog T. ._tThe CO'S t t,e"C1:tyfor -UIr�n0 "thy Fq�3�3.�Y-dict,i r, i:..� sT ,� r,�rg P� int T�t��M�: y��� ��� Se��y���.�3� ��'j��� ����f}�y�� y, 4a" [which a«d.d�3 iia k.ro�,L d.:c w.F v..i, :;ed S.,i ia..�`» a�4Si1a,.t G" li./ii V.G, b'A':l iGi .R,. had >�}4,0.10..4]. d 4_ Aa C.c , L ' ,z� � 3ve i� an �tra.n f r the Citen ~ r a $:ere . n-A--Q an -with Mr.. SP�a:pero :and .he .[ouT1d1at i on on,: and 4 4E a T r : :air.. 43 or your s The City's ota i:at i C) c ( i 15.1 r.Lfi T � e S C�2fh t €? f y for r ,s G:r�e a.:L�;F i' a a as Slaming:,complet ion, of present _ .. ¢ negotiations with IMIr. Ge ra Id Connell), d be: � PreseC t y .1..0 t 1,y6.. f x� aA� iuir i''%��.13"Ide,?t1i3lta a �fXIr{1 1I�a� eif'�s� sir A / 0k3 Mayor} e March 17 1975 Pagethree The total cost of acquisition for "Greater. B1a ki6e Feature 1: �,045 (ap rox mately 15 c�es� .' One third :�� �h� ��r�i�� ���� �� ��r� as ������ (13 iaagstur } ri ''fr ua fn 'an - third r � open am f r. a: .rpt r o e« .hli_: c c uax ed z bg ,ftd It is diffiCuIt n6t' i v recent, -? r s ba-story of Biagkie' Pasture it out` reca ling. .'h great r t and enthusia which ' bra . Shapero. hack gni �n���r���ir�c� th C i t�' N rl n��a �r ent in this 'propert i ' g tic r but that a w: �. c� 1t tt� :Szt nl fir 1rrt '` fir his foresight an of or�� i t ka ng t�a� � d..t� �n��r:.�n� t��t 3 i : ar .: r� rte..v�O id be set a c1 r ry d. for Pres seit and: futuresiden t4 bf o Cite'. ery ` tr . amu S,. f, x ct k RIC: ' 5 Enclosures. F I af� a YY Y � ti 5 : 'ff 3 i P, Y 3d' Lea Stefani From: Mattnarin <mattnarin@me.com> Sent: Tuesday, April 30, 2019 10:04 AM To: Lea Stefani Subject: Re: 488 Washington CT, Mr. and Mrs. Mart Mesa Late Mail for the Planning Commission, and distribute to Design Review Board, and Town Council Resending letter from September, we attest nothing has changed per our thought and financial impact below to obstructing our views. Note my wife's traveling tomorrow, so I plan on attending the hearing with my kids Charlotte 5yrs old and Henry 2yrs, they play in Blackies pasture almost daily, we will take legal action to any storage of pesticides or harmful chemicals being stored in that area as well. Regards, Matthew Mesa 415-310-8584 Cell On Sep 26, 2018, at 8:48 AM, Lea Stefani <lstefani2ctownoftiburon.org> wrote.- Good rote:Good morning Arin, We have received your letter. I have sent it on to the Planning Division for distribution. Lea Lea Stefani Town Clerk I Town of Tiburon (415)435-7377 Istefani@townoftiburon.org From: mattNarin Mac [mailto:mattnarin@me.com] Sent: Wednesday, September 26, 2018 7:55 AM To: Lea Stefani; Greg Chanis c c Sub-jevt: 488 v�vaSliingtoll CT, Mr. and MrS. Matt Meta Late Mai! for ti ci Planning Commission, a!id distribute to Design Review Board, and Town Council Town Staff, In regards to the proposed build of a storage unit near the restrooms on Blackies Pasture, we oppose the build. We own the property at 488 Washington Court and have a direct view of the structure currently standing and proposed location. Our property value would be negatively impacted by an equipment shed being placed in this public space due to an additional interruption of the view and additional light noise. I am including photos of the current structure view from our home for reference. We are unable to attend today's hearing as my Husband is traveling out of town and I have two small children at home / no child care options. Please include this email as Late Mail for the Planning Commission, and distribute to Design Review Board, and Town Council for Blackies Pasture. I can be reached for any additional comments at 415.830.7421. Best, Arin Mesa <image001.jpg> 4 x s E: 3 s s a , r MEN ... ........... SIMON d / r �, ��/ s ✓rF !�s ls' �'�,st 7 :G' � a. s ?„ �� a-ars ,c S z y � 3 �S,Y��j/s i//y�,�;r;;�:��'s;:s" �zT s, 1: £ r•" s•,,°::_<,°.:<z,s fi�a<s,"�r,,y,.,:„ /�/�� �s C�-' x"a.>r,`z,zs, `r< s < �a .saa...55� .'<' a� /is,,,°`/.ia•/,'.,ra•,�i��i"'<��F;z'wJ'�^w ,..'z a <.<. 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'^'`ro'� �i x r. s, � .>F-f/<`r'� Y... �r.�',^;•Uai:;�,�Cs�Y� ;'�r. �,'s, .;.E^ k < t ::aYaF,�.y ✓ _F- �' r '� Com• ..=y.. 4,,s ./ �y .,�:..'� /.✓.j � &z': ./�<<�;%;-;ice,,;,: '' ;�£v,?..<,F;,.. 3 ..,> .. .> ,. :: :: log ESP MAP NMI ERB AS � y y a 1� y v ✓' s ;n �Y £z e 3. 'u k c r S , d r � r E r 3y o £ SPY U fi _.y... . ... 2 .. leopeo low NOUN= pi.e SWAP 0 01, moss a a� Wi Milani'" civil ROM SAW t, , � z � F , f i l� L 1 F. May 1, 2019 To All Concerned at Tiburon Town Council, Planning Commissioners and Parks and Open Space Commissioners, I am writing to oppose the Equipment and Materials (Pesticides) Shed being proposed at Blackies Pasture. With the Public Works Corporation Yard 2 miles away which the Town Staff report by Town Manager Greg Chanis states there is adequate room for all equipment and materials to maintain McKegney Green, why would a new corporation yard need to be built? The proposed shed at 14 feet high and 32 feet long is no small structure. I have lived in Tiburon since 1992 and use Blackies four to five times a week . . . it truly is the jewel of Tiburon. I don't want to be walking past a corporation yard daily, not to mention the chemicals any of us may be exposed to. I am also sympathetic to the homes that look down on Blackies to have such a large structure imposed on the quality of life they expected when they purchased their homes. Blackies and the walk to McKegney Green should remain a park and not become a work yard! Lastly, spending the $200,000 to construct this unnecessary structure when the existing corporation yard accommodates all necessary equipment seems to be a misuse of our taxpayer dollars. The existing corporation yard is where all the equipment and materials belong. There are far more important priorities to direct such dollars to by the Town Council. Please vote against this senseless proposal. Blackie's Pasture should always be preserved for the use and enjoyment of our town. Thank you, Rita Burgess R I T A B U R G E S S 55 Rolling Hills Road,Tiburon,CA 94920 M)415.203.3402 (F)415.435.7668 r-ita_burgess c yahoo.com Lea Stefani From: James To <jto@marintrust.com> Sent: Wednesday, May 1, 2019 3:54 PM To: Lea Stefani Subject: Blackie's Pasture Hi Lea - I just wanted to write the Town Council and voice my opposition to the proposed maintenance warehouse to be located in Blackie's Pasture. The proposed location doesn't seem to the be the ideal size or location for a maintenance shed for equipment for McKegney green. Furthermore, the beneficial time savings doesn't seem to warrant the cost of constructing the structure. I hope the town council will find other capital projects that generate a better return on investment. Sincerely, James To - 88 Rolling Hills Road Lea Stefani From: Ernie Cervantes <erncervantes@gmail.com> Sent: Wednesday, May 1, 2019 4:05 PM To: Jim Fraser; Vice Mayor Alice Fredericks; kulik1 @mac.com;jxw@jmbm.com; hollibills@gmail.com; Greg Chanis; Lea Stefani; angelamcinerney@me.com; isaac@nikfar.com; (Tiburon POST) Park Allen; clhorn brook@gmaILcom; pfeldman@coblentzlaw.com; dmccrohan@thearknewspaper.com; arodriguez@marinij.com;Jeff.Tsai@alston.com; (Tiburon Planning Commission) John Corcoran; kathleendefever@yahoo.com; daniel_amir@yahoo.com; ericafwilliams@gmail.com; mpera@marinij.com Subject: Save Blackie's Pasture-No Pesticide and Equipment Storage Building Attachments: View from 484 Washington Ct-Cervantes Family jpg To: Tiburon Town Council Re: Proposed Maintenance Building & Road at Blackie's Pasture Dear Esteemed Members of the Tiburon Town Council, Hello, my name is Ernie Cervantes. My wife and I bought a house about 4 years ago, right across from Blackie's Pasture at 484 Washington Ct. You've probably seen the ongoing construction over the last year, from tear down just over a year ago to the finished product which we were able to finally move into on Monday, 2 days ago. We looked long and hard all over Marin for the perfect place to settle down and raise a family. We found it in Tiburon. We love everything about Tiburon, we love the beauty, we love being a part of this community and we love giving back to it. We recently opened up a doggy daycare business a couple of weeks ago down the road, The Grateful Dog, and we look forward to serving the people of Tiburon and Marin. Our family spends a lot of time at Blackies Pasture, Linear Park, the bike path and the waterfront. I use that path every day when I go for my daily run, and my 6-year-old daughter loves to go on nature hikes all up and down the waterfront. She calls herself "The Mother of all Nature". love the beautification of the restrooms and more recently, the renovation of McKegney Green. I watched the whole process from start to finish, and I really like the results. Our tax dollars at work. What i have a problem with is this proposed maintenance building and road and how it will impact the area. We chose to buy our property because of its proximity to Blackie's Pasture, the waterfront and of course the amazing views. This maintenance building will directly impact us. I believe that adding a 600 square foot building, that is over 14 feet tall would make the area look too sprawling, make the area look too developed, make the area look not what us citizens want it to look like. I tell people, friends and family that I'm building in Tiburon, and they always ask where at. Do you know where Washington Ct is? NO. Trestle Glen? No. Blackies Pasture? BINGO! That's right Blackie's Pasture. Blackie's Frickin Pasture! Blackie, that lame, endearing horse that died over 50 years ago, the horse that put Tiburon on the map. When people think of Tiburon they think of Blackie! What next I ask? Another building in Blackie's Pasture, that the city "needs"? Another road? How about bulldozing Blackie's grave and putting in an even bigger maintenance building? And BTW, Blackie's beautiful little grave is only feet away from this proposed building and road! Are you kidding me? How disrespectful is that? Poor Blackie is probably rolling over in his grave right now. Ladies and gentlemen, I think there are options. The city has been getting by for years without a maintenance building. They can still manage without it. They can use Public Works,just down the road, to store their equipment. It's a 1/2-mile drive. If we're worried about carbon footprints, I'd rather see our tax dollars go towards an electric vehicle to transport the equipment to McKegney Green and to pay for the extra man hours. That is good use of our tax dollars, and 1 think I speak for everyone in Tiburon. We don't want any new buildings on the waterfront or at Blackie's Pasture! By allowing this building, and road, to be erected, it would take away from the natural beauty of this pristine area, and start a dangerous precedent. We all know that once we give the green light on these kinds of projects, we leave the door wide open. Give an inch of rope and they'll take a mile and hang you with it. My family and I do not support this project at all. Regards, Ernie, Karla and Kiana Cervantes 484 Washington Ct. Tiburon, CA 94920 s< , IMPA in goo oil SHE all h J" loll" ........I... Will 1 111, 'WIT R;... .i S > 5 m s � X�'4Yc y Yra'3 s.. T, . Mfg, WR is T .. ........... ...... .......E ! ,>,: ....... ,... .. ..... .,.. ....<. ........,... .....:., ..:....,,r..s�2•,.... .. ....:%... �. ., c :;.;,, �:r..::. ..,,: .;: .-'. ... � ..:..,, :1•,:... ... <::.:.. .:..<:.:� x .. K.- r; rr > f f .si, _ s nti 6 �:. f» ` : .. �r..,i ..'s, ,'1 s. .,� ,.... �." ::gib"' .,.,::r :>;:.:: .::s 4 >.. .s�5::.;:,. �` :ss ,... '9:'. .M .nr .:: /g � ��'� a���A "`�t3 � �� "„"x3 do ��, ?.AJ hold .,. ,,.,:.,., ...> •,amu.=s�vm�msru ;3< MIMI 0 ( u a . l H <� >015' Scion rOttumwa b 4 AMU 31W k l ^ : ' Lea Stefani From: Chuck Hornbrook <chuck@horn brookco.com> Sent: Wednesday, May 1, 2019 4:32 PM To: Jim Fraser;Vice Mayor Alice Fredericks; kulik1 @mac.com;jxw@jmbm.com; hollibills@gmail.com; Greg Chanis; Lea Stefani Subject: Opposition to Mechanical and Chemical Storage Building Good afternoon - I am will be unable to attend tonight's Town Council Meeting but wanted my opposition recorded as a Town of Tiburon Resident. I've reviewed the documentation and there seems to be three items that seem to indicate that this is not moving in the right direction 1) Priority of this project compared to others 2) Opposition by the Planning Commission but withdrawn before a vote and not directly recommended by the POSTCommission 3) Long term plan for the Blackie Pasture that would make this decision possibly wasted capital I am sorry that I cannot attend tonight but it would help to understand from the Town Staff why this is a priority versus others(e.g. storm drains at Beach and Tiburon Blvd) and so important as to move other items off the docket and spend time on this. Chuck Hornbrook Tiburon POST Commission* 1707 Vistazo West *For identification purpose only,the POST decision was made before I was appointed. Lea Stefani From: Judy Schriebman <judy@leapfrogproductions.com> Sent: Wednesday, May 1, 2019 4:32 PM To: Jim Fraser;Vice Mayor Alice Fredericks; kulik1 @mac.com;jxw@jmbm.com; hollibills@gmail.com Cc: Greg Chanis; Lea Stefani; angelamcinerney@me.com; isaac@nikfar.com; (Tiburon POST) Park Allen; clhornbrook@gmail.com; pfeldman@coblentzlaw.com; hollibills@gmail.com; dmccrohan@thearknewspaper.com; arodriguez@marinij.com;Jeff.Tsai@alston.com; (Tiburon Planning Commission)John Corcoran; kathleendefever@yahoo.com; daniel_amir@yahoo.com; ericafwilliams@gmail.com; mpera@marinij.com Subject: Proposed Maintenance Building in Blackie's Pasture Dear Tiburon Town Council: I am writing in opposition to the Pesticide and Equipment Storage Building proposed for Blackie's Pasture. I wrote before when this idea was first floated last year and was then withdrawn. It is still a bad idea. I believe that the building is unnecessary,a waste of taxpayer money,is environmentally dangerous,was voted down by two Commissions, and is being developed without any true public process or serious discussion of alternatives. It is a TAKING of public open space for a corporation yard, a yard whose purpose is better served in its current location. The idea of a storage facility building at Blackie's Pasture was never raised in all the years of planning and public meetings concerning the renovation of McKegney Green. If the Pesticide and Equipment Storage Building was really necessary in this location,this topic should have been brought up during the public planning and environmental review process for McKegney Green. The Town's proposal is to build a Pesticide and Equipment Storage Building near the current restrooms and put a twelve foot wide gravel road to drive the equipment on. This gravel road significantly reduces public park land between the picnic area that connects to the bikepath in Blackie's Pasture to the ORT and adds another road into the park. The cost is estimated at more than $200,000. At the same time,the Town of Tiburon has placed $3.5 million into a Public Works Corp Yard Reserve Fund to renovate the current Public Works Corp Yard, an estimated $9.5 to $18 million dollar project. In the Staff Report for this item,the Town Manager, Greg Chanis says that all of the equipment will fit in the existing Public Works Corporation Yard. It is poor use of public funds to spend $200,000 in taxpayer money for an unnecessary building in the middle of this beautiful public park. I am also very concerned that the Town intends to store fertilizer, pesticides, and other volatile chemicals very close to the public areas, picnic areas, and where dogs and children play. Staff will be mixing these chemicals in order to load them into sprayers at the site,which can pose a serious danger to the public and/or to the watershed. In addition, where these sprayers are to be cleaned,there is no plan for drainage that is connected to a sewage line or treatment facility area,which could mean contamination on site or into the nearby bay waters. Please vote against this bad idea, support our residents and send a strong message that Blackie's Pasture is for the public. Thank you for your consideration, Judy Schriebman Watershed Alliance of Marin Town Council Meeting ' TOWN OF TIBURON May 1, 2019 1505 Tiburon Boulevard Agenda Item: PH-1 Tiburon, CA 94920 l a . To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Increase the Town Manager Minor Contract Signature Authority to Match State Law Reviewed By: F Greg Chanis Town Manager Benjamin Stock, Town Attorney SUMMARY The Town benefits from UCAP contract procedures particularly in the administration of txtinor contracts. The State recently increased the minor contract limit. OL r n1U.nicipal code adjusts automatically iwone place, but there is a conflict in another place. Staff recotnmetlds a change to correct this conflict. RECOMMENDED ACTION(S) 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, make any modifications, move to read by title only and early the motion,,then read the title and`hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first'read ina. the ordinance will be scheduled for adoption at the next regular! meetingof the CoLincil. BACKGROUND f n», ,. —fill— i,', fl—, t T,�.�f il,^,-,� n„t- lin (l'!�r-, t,^�tntil�r-� (lr of Annl��,r,ti r,rr An4 I ivu'iv11 v�iii iiiJ 11 U111 Nai'�� iNaLivii iii LID., v��ilviiii i Lavlii viiSu u% cavil v3L ��wuiiuiiry t��i (Act), which provides public agencies economic benefits and greater freedom to expedite public works projects. One of these benefits is the ability to quickly negotiate and approve small minor public works contracts. saving time. increasing responsiveness and significantly decreasing soft costs on these projects. In 2018, the California Uniform Construction Cost Accounting Commission in agreement with the State Controller's Office recommended an increase to the bid limit threshold prescribed in Public Contract Code (PCC) Section 22032. which was signed into law. This increased the minor contract limit from $45.000 to $60.000. These changes became effective on January 1, 2019. Exhibit 1 is a letter informing the Town of this change. Currently the Town of Tiburon Municipal Code 3-A.10 provides that the minor contract limit is adjusted automatically with these increases: TOWN OF TIBURON PAGE I OF 3 Minor public works contracts that do not exceed forty-five thousand dollars may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. The dollar amounts set forth in this subsection shall be automatically adjusted to conform to the maximum set by section 22032(a) of the Public Contracts Code or its successor statute regarding informal bidding ordinances. Therefore, the minor contract limit is now $60;000 in Tiburon. However, there is an apparent conflict in the Municipal Code that nullifies some of the advantages of this change. Paragraph 3-A.3a states that: For purchases, general services,public works, professional services or employment, or community, social or recreational services, and the total expenditure does not exceed forty thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; So, while State Law and section 3-A.10 provide for negotiated bids that are approved at the staff level corresponding to levels set for minor contracts under UCAP (now $60,000), Paragraph 3- A.3a limits the Town Manager signature authority to $40,000 for public works projects. Staff proposes a small change in the Municipal Code to eliminate this conflict. ANALYSIS Staff proposes the following change to the municipal Code to eliminate a conflict between Tiburon Municipal Code 3-A.10 and 3-A.3a. While reviewing the Town's current ordinance, the Town Attorney also recommended changes to clarify part and update language to match current state law. The proposed changes to the existing municipal code are shown in Exhibit 2. The draft ordinance for the chanloes is Exhibit 3. FINANCIAL IMPACT Staff anticipates small cost savings on small projects between $40.000 and $60.000 from reduced staff time. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt ii-om the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in Cl.QA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. If appropriate, make any modifications, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. Exhibit(s): 1. November 1, 2018 letter from Betty T. Yee regarding UCAP limits 2. Redline of Municipal Code section showing changes 3. Draft Ordinance with final draft of Municipal Code section Prepared By: Patrick Barnes, Director of Public Works Tovv N ou-T»t:RON'� PAG u,3 0u-3 EXHIBIT NO. ? ' California rnia State Controller November 1,2018 .Alan P Nadritch..,— Finance Director 1155 Tiburon Blvd Tiburon, CA 94920 SUBJECT. Notification Letter-Assembly Bill 2249 (Chaptered 169, Statutes of 2018) To Whom it May Concern. The California Uniform Construction.Cost Accounting Commission(CUCCAC)in agreement with the State Controller's Office (SCO) recommended an increase to the bid limit threshold prescribed in Public Contract Code (PCC) 22032, which was signed into law. Pursuant to PCC 22020, and on behalf of the State Controller Bette T. Yee,the SCO would life to inform on the following changes effective as of January 1, 2019: a.) The change would allow projects costing$60,000 or less to be performed by employees of a public agency by force account,by negotiated contract, or by purchase order; b) The change would allow projects costing up to $200,000 to be contracted by informal bidding procedures;and projects costing over$2O0,O00 are subject to the formal bidding process. The noted increases are pursuant to the provisions and benefits found in the Uniform Public Construction Cost Accounting Act (.Act), which. provides public agencies economic benefits and greater freedom to expedite public works projects. Agencies which elect to follow the cast accounting procedures set forth by the CJCC:AC in its Cost Accounting.Policies and Procedul•es Allanual, will benefit from these increased limits by expediting delivery of public work projects and reduced bid processing costs. A new resolution adopting the change in legislation is not required if .Y%J"r c.g�'iic.y is currently "$-"j%%.,t to the Act. We encourage participating agencies to sign up on the SCC) website for CUCCAC's email subscription service to receive important information concerning CtJCCAC updates and legislative changes via e-mail. For more details or to sign up for the email subscription services,please contact the Local Government Programs Services Division at LocalGovPolicy@sco.ca.gov or visit our website at https://www.sco.ca.gov/ard_cuccae.html. Sincerely, VA99YVI�K Sandeep Singh Manager, Local Government Policy Local Government Programs and Services Division MAILING ADDRESS P.O.Box 942850,Sacramento,CA 94250 3301 C Street,Suite 700,Sacramento,CA 95816 EXHIBIT Chapter 3A-TOWN CONTRACTS Sections: Article I. -General Provisions 3A-1 - Definitions. As used in this chapter, the following terms are defined in this section: "Contract" means any binding agreement between the town and any individual, public agency, corporation, partnership or other entity. Contract shall also mean, without limitation, any document which purports to transfer liability to the town or in which purportedly obliges the town to indemnify, defend and/or hold harmless any individual, public agency, corporation, partnership or other entity. "Formal bidding" means a contractor selection procedure that substantially complies with the process set forth in article V of this chapter for public works projects. "Informal bidding" means any nonformal contractor selection procedure authorized by this chapter. A "major public works contract" means a contract for a public works project whose value exceeds ene hundred twenty two hundred thousand dollars. A "minor public works contract" means a contract for a public works project whose value does not exceed e-#u-ndr-ed tw y-fivetwo hundred thousand dollars. This threshold of one two hundred tv 7ty--five-thousand dollars that distinguishes major from minor public works projects shall be automatically adjusted to conform to the maximum set by section 22032(b) of the Public Contracts Code or its successor statute for projects that may be let by informal bidding. Except where otherwise indicated, "public works project" means any project meeting the definition of a "public project" under section 22002 of the Public Contracts Code, as amended, or any successor statute. 3A-2 -General requirements. (a) No contract shall be valid or binding upon the town unless it is entered into and executed in accordance with this chapter. (b) Notwithstanding anything in this chapter to the contrary, no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorney prior to execution on behalf of the town or unless, in the town manager's judgment, there are special circumstances such that the town's interest in entering into the contract on an expedited basis render it impracticable to obtain the town attorney's approval. (c) The town need not use formal or informal bidding to award a contractor except as expressly required by this chapter. 3A-3 -Contract authority of the town manager. The town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract: (a) For purchases, general services, p Lrtbiic---te r,,s professional services or employment, or community, social or recreational services, and the total expenditure does not exceed forty-sixty_ thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; (b) For the lease of town property for a period of less than six months, or for the use of town property or facilities for a period not to exceed five days, in accordance with town policy, which require no payment of money by the town-, OAK 44832-4544-6542 v2 (c) For settlement of a claim or litigation against the town, after consultation with the mayor, where the total expenditure does not exceed ten thousand dollars, (d) Allowing the right of entry onto town property. (e) In the case of Public Works contracts, tl e Town Ma;ager's signature authority shall be in accordance with the provisions of Article IV— Minor Public Works Contracts. 3A-4-Contract authority of department heads. (a) The director of public works shall be authorized to negotiate and execute contracts for the town for budgeted services, public works, supplies, materials and equipment required by his department up to a maximum of ten thousand dollars, provided that such monies have been appropriated or budgeted for such purpose, and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (b) The chief of police, director of administrative services, town attorney and community development director shall be authorized to negotiate and execute contracts for the town for budgeted services, supplies, materials and equipment required by their respective departments up to a maximum of five thousand dollars, provided that such monies have been appropriated or budgeted for such purpose, and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (c) The town manager shall have discretion to lower the contract authority maximums in this section by written notice to the town official or officials involved, with a copy of said notice to the director of administrative services and the town attorney. 3A-5 - Emergency contract procedures. (a) Except as set forth in subsections (b) and (c) of this section, the town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract for emergency purchases, services or public works projects, where the amounts are greater than set forth in section 3A-3(a) and (e) of this chapter. If the emergency requires letting a contract before the council can be convened, the town manager shall have the authority to let the contract, notwithstanding the procedures set forth in subsections (b) and (c) of this section. In an emergency situation, this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property. (b) In the event of any emergency, the town council may proceed to enter into a contract for a minor public works project without giving notice for bids to let contracts. (c) In case of an emergency, the council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. 3A-6 - Rejection of price quotations and bids. The town manager shall have discretion to reject any or all price quotations or bids presented for any contract for purchase of supplies, materials and equipment or for services. If the town manager rejects all price quotations or bids, the town manager may, in his discretion, re-advertise for new price quotations or bids. If the town manager determines that the amount of price quotations or bids was excessive, he may enter into a contract at a lower price without re-advertising for price quotations or bids within his contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council for award or take such alternate action with respect to the purchase as he determines to be in the town's best interests. Article II. - Purchase Contracts for Supplies, Materials and Equipment OAK#4832-4544-6542 v2 3A-7 - Purchasing procedures. (a) Purchases of supplies, materials and equipment that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Price quotations may be solicited by direct mail requests to prospective vendors or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject supplies, materials and equipment; the ability of the vendor to complete the transaction in a timely fashion; quality of the vendor's performance in past transactions with the town or others; and the ability of the vendor to provide future maintenance; repairs, parts and service. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The purchase is for supplies, materials or equipment that can only be obtained from one vendor or manufacturer, (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. 3A-8 -Optional alternative procedure for purchases which exceed twenty-five thousand dollars. For purchases of supplies, materials and equipment that exceed twenty-five thousand dollars, the town manager shall have the discretion to select a vendor pursuant to a formal bidding process, if the town manager determines that such a process is likely to be to the advantage of the town, or to be in the town's interest. Such procedure shall incorporate the methods used for selecting a contractor for a public works project by formal competitive bidding, as determined to be applicable by the town attorney. Article III. - Contracts for Services 3A-9 -Service contract procedures. (a) Service contracts that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Notwithstanding the foregoing, contracts for environmental review services may be let on the basis of two price quotations. Price quotations may be solicited by direct mail requests to prospective service providers or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject services;; the ability of the provider to provide the services in a timely fashion; the quality of the provider's performance in past transactions with the town or others, and the ability of the provider to provide future related services that the town may require. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The contract is for services that can only be obtained from one provider; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. Article IV. - Minor Public Works Contracts OAK#4832-4544-6542 v2 3A-10- Minor public works contracts: small projects. Minor public works contracts that do not exceed fa4y­ i*esiI�thousand dollars may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. The dollar amounts set forth in this subsection shall be automatically adjusted to conform to the maximum set by section 22032(a) of the Public Contracts Code or its successor statute regarding informal bidding ordinances. 3A-11 - Informal bidding for minor public works contracts: other projects. Minor public works contracts that exceed for; sixty thousand dollars shall be let according to this section. (a) The town shall maintain a list of qualified contractors, identified according to categories of work. This list shall comply w-4-with all criteria established by the California Uniform Construction Cost Accounting Commission. (b) All contractors on the list for the category of work being bid or--a4a-E r de-ja��ra tf'- cs-C� rtia nr tenth all rnntr2GtG-FS eR the g4�-y Gf -w-G4<--- 4:l -4 d 2Rr! all n_G_i:1 it4:uGt4�31-tr,mal-a iniirn�Ic 2-2036-af4om +fcaubti Cont,-acts shall be mailed, a notice inviting informal bids unless the product or service is proprietary. (c) All mailing of notices to contractors and Gnst trim-trnd journal c pursuant to subsection (b) of this section shall be completed not less than ten calendar days before bids are due. (d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project and state the time and place for the submission of bids. (e) The town manager shall have the authority to award informal contracts to contractors for public works contracts selected pursuant to this section. (f) If all bids received are in excess of el,R^ hundred sevf_�i two hundred thousand dollars, the town council may, by adoption of a resolution by a four-fifths vote, award the contract, at en-e two hundred + tt -sv --teNelve thousand five hundred dollars or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. (g) The dollar amounts set forth in this section 3A-11 shall be automatically adjusted to conform to the maximum set by section 22034(. f) of the Public Contracts Code or its successor statute regarding informal bidding ordinances. 3A-12 -Alternative procedure—Minor public works contracts. Notwithstanding anything in this article to the contrary, the town manager shall have discretion to let any public works contract by formal bidding as described in article V of this chapter. Article V. - Major Public Works Contracts 3A-13 - General. Major public works contracts shall be let by formal competitive bidding as required by the Local Agency Public Construction Act, Public Contracts Code sections 20100 et seq. 3A-14- Notice inviting bids. The notice inviting bids shall set a date for the opening of bids and shall be published at least twice, not less than five days apart, in a newspaper of general circulation, as required by statute. The first notice OAK 44832-4544-6542 v2 shall be published at least ten days prior to the date of opening of bids. In addition to the foregoing, the notice shall be published in such other newspapers and journals as the town engineer determines are likely to solicit the most favorable bids. 3A-15 - Bids—Rejection and re-advertisement. The council shall have the discretion to reject any bids presented and re-advertise. After rejecting bids, the council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by the town's own forces, day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the council need not re- advertise and may have the project done in the manner stated without further compliance with this chapter. 3A-16 -Choice of identical bids. If two or more bids are the same and the lowest, the council may accept the one that it chooses. 3A-17 - No bids received. If no bids are received, the council may have the project done without further compliance with this chapter. 3A-18 - Bidders—Presentation and security. (a) All bids shall be presented under sealed cover. (b) All bids shall be accompanied by bidder's security in an amount equal to at least ten percent of the amount bid. The security shall be in the form of cash, a cashier's check payable to the town, a certified check payable to the town. or a bidder's bond executed by an admitted surety insurer, payable to the town. A bid will not be considered unless accompanied by the required security. (c) If the successful bidder fails to execute the contract, the amount of bidder's security shall be forfeited to the town, except as otherwise may be provided by law. OAK 44832-4544-6542 v2 NO, ORDINANCE NO. ### N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 3A OF THE TOWN'S MUNICIPAL CODE REGARDING CONTRACT AWARD PROCEDURES The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. AMENDMENT OF MUNICIPAL CODE. (A) Chapter 3A, of the Tiburon Municipal Code is hereby amended to read as follows: Chapter 3A - TOWN CONTRACTS Sections: Article I. - General Provisions 3A-l - Definitions. As used in this chapter. the following terms are defined in this section: "Contract" means any binding agrecment between the town and any individt.iaI. public a�gycncy. corporation. partnership or other entity. Contract shall also mean. NVithout limitation. any document which purports to transfer liability to the town or in ��'ljIC1 purportedly obliges the town to indemnify. defend and/or hold harmless anv individual. public a0cnc�'. corporation. partnership or other entity. "I"ornial hicidin"T" means a contractor selection procedure that substantially complies vv 1111 the process sct forth in article V od'this chapter for public works projects. "ln ,0rmal hiddin()-" 111cans anN nonf-Ormal contractor selection procedure autllorircd hyThis ch�?�tc1. A "nMc,.jor 1.uhlic works contract" means a contract for a public works project vyIlosc v�Iluc cxc,2cds two Hundred thousand dollars. A ``;z1inor puhlic works contract" means a contract for a public NNorks project yvHose v clue docs not exceed t\.\'o liundred thousand dollars. This thi-cshold of tv�o hundred thousand dollars that distin�,)uishes major 1rom minor public wol-ks pry},leets shall he atitomatic�_111\ adjusted to conform to the malimtum set h\ section of the I'tiblic Contracts 1C.ode or its successor statute for projc cts that 11za� he let by hiddin`g). I:xcel)t other«isc indicated. "public \,Norks project" nicins <in-\ Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 1 project rnectin�.�the definition of a "public project" under section 22002 of the Public Contracts Code. as amended, or any successor statute. 3A--2 - General requirements. (a) No contract shall be valid or binding upon the town lidless it is entered into and executed in accordance with this chapter. (b) Notwithstanding anything in this chapter to the contrary. no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorrnc-\ prior to execution on behalf of the town or unless, in the town manager's judgment. there are special circumstances such that the town's interest in entering into the contract ort an expedited basis render it impracticable to obtain the tovvn attornev's approv%al. (c) The town need not use formal or informal bidding to award a contractor except as expressly required by this chapter. 'A-' - Contract authority of d1e town manager. The towrl manager is authorized to negotiate and execute on the behalf of the town, NVithout prior approval of the town council, any contract: (a) For purchases, general services, professional services or employment, or colllmunity. social or recreational services, and the total expenditure does not exceed sixty thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; (b) For the lease of town property for a period of less than six months, or for the use of' toN.n propert\ or facilities ?or a period not to exceed five days, in accordance with to\�n Policy- which require no payment of money by the town:. (c) For settlement of a claim or litigation a(7ainst the town. after consultation with the mavor. where the total expenditure does not exceed ten thousand dollars: (d) Allo«ino the right of entry onto toN��n property. (c) In tlac case of Public Works contracts. the "T mo n Manager's signature a>rlth01-11� shall be in accordance with the provisions of article IV -- Minor Public Norls Contracts. A-4 - Contract authority (Af department heads. (a) The director ofpublic 1vorks shall be authorized to negotiate and execute contracts for the town fE)r hudgctcd �crvices. I)LIHIc works. supplies. materials and equipment required by his department u1) to a maxiniurn often thousand dollars. protiidcd 111m s>.Ich Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 2 monies haye been appropriated or budgeted for such purpose, and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (b) The chief of police. director of administrative services. toNyll attorney and community development director shall be authorized to negotiate and execute contracts for the town for budgeted services supplies, materials and equipment required by their respective departments up to a maximum of five thousand dollars, prop-ided that such monies have been appropriated or budgeted fol- such purpose. and there is an tuncxpcnded and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (c) The town manager shall have discretion to lower the contract authol-ity naaxinnlms in this section b�% written notice to the town official or officials involved. with a copy of said notice to the director- of administrative services and the town attorney. 3A-5.- Emergency contract procedures. (a) except as set forth in subsections (b) and (c) of this section. the town manager is authorized to negotiate and execute on the behalf of the town. without prior approval of the toyy-n council, any contract for emergency purchases, services or public works projects. v-There the amounts are greater-than set forth in section 3A-3(a) and (e) of this chapter. If the emergency requires letting a contract before the council can be coiwened. the town manager shall have the authority to let the contract, notwithstanding the procedures set forth in subsections (b) and (c) of this section. In an emergency situation. this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property. (b) In the event oll"any emergency, the town council may proceed to enter into a contract for a minor- public -works project without giving notice for bids to let contracts. (c) In case of an cnlergency.. the council maN pass a resolution by a tour-f l falls Vote of ltd mcmbcrs dcclarin�g that the public interest and necesslt\ demand the inimcdiatc expenditure of'public money to safeguard life. health oi- property. t)hon adoption of the resolution. it may epend any stem required in the cmergericV witlloilt c0111p1\i11g ith this chapter. 3A-6 - Rejection of price quotations and bids. "f'lie town manager shall have discretion to reject any oil all price quotations or bids presented for any c0111tract for purchase of supplies, materials and equipment- or for sehl iccs. 11'the town manager rejects all price quotations or bids. the tovy n manager mai. in his discretion. re-, dvertise for ne«-price quotations or bids. if tlic toyy n manager determines that the �ImOuilt of price quotations or bids was excessiN c. he may enter into a contract at a lover l-trice without rc-adN-7ertising for price quotations or bids \yithirl his contrLict autl101-ity. Ill the event that such 10V el- price exceeds the contract authority of the Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 3 town manager. the manager may refer the contract at such lovN�er price to the town council I,()]- avv-ard or take such alternate action -vvith respect to the purchase as he deter111ines to be in the town's best interests. Article II. - Purchase Contracts for Supplies, Materials and Equipment 3A-7 - Purchasing procedures. (a) Purchases of supplies, materials and equipment that exceed thirty thousand dollars shall, whenez-er practicable,., be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Price quotations may be solicited by direct mail requests to prospect]N:c vendors or by telephone. (b) The town may consider factors other than price in deternlinirlg the most advantageous price quotation. These factors shall include. -�nithout limitation. the quality and performance of the subject supplies, materials and equipment: the ability of the vendor to complete the transaction in a timely fashion: quality of the y,-endor's performance ;gin past transactions with the town or others; and the ability ol'the vendor to prolide future maintenance. repairs, parts and service. (C) Price quotations shall not be required in any of the follo\/\-ing circumstances: (1) In the judgment of the town manager. the solicitation of price quotations would for anv reason be an idle act: (2) The purchase is for supplies, materials or equipment that can only be obtained from one vendor or manufacturer: (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations vy ould be contrary to the interests of the town. 3A-8 - Optional alternative procedure for purchases which exceed twenty-five thoti And dollars. For purchases of supplies_ materials and equipment that exceed ttiventy-five thousan(?. dollars. the WN.y-n manager shall have the discretion to select a vcndor I)ur-suallt to a 1,�)rmal blddln` process. if the town manager determines that such a process Is 111\-e1\ to be t( the advantage ofthe to\vn. or to be in the town's Interest. Sllcl1 I)FO :CLIL11-e 511,111 lncorpor� to the methods used for selecting a contractor for a public works project hN, compet flee bidding. as dctermined to be applicable by the town attorney. Article M. - Contracts for Set-vices 'A-() - Service contract procedures. Town of Tiburon Ordinance No. ### N. S. Adopted #41##2019 4 (a) Service contracts that exceed thirty thousand dollars shall. whenever practicable. be based on at least three price quotations and shall be a-�N-arded on the basis of the price quotation most adN.,7antageous to the town. NotN,yithstandin(_) the 1-orcgoin(2. contracts for environmental review services may be let on the basis of two price quotations. Price quotations may be solicited by direct mail requests to prospective service providers or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include. Without limitation. the quality and performance of the subject services; the ability of the prov"�ider to provide the services in a timely fashion; the quality of the provider's performance in past transactions vyith the town or others; and the ability of the provider to provide future related services that the town may require. (c) Price quotations shall not be required in any of the follovn-ing circumstances: (1) In the judgmen of the town manager, the solicitation of`price quotations would for any reason be an idle act.- (2) The contract is for services that can only be obtained from one provider: (3) In the judgment of the town manager., there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. Article IV. - Minor Public Works Contracts 'A-10 - Minor public works contracts: small projects. Minor public works contracts that do not exceed sixty thousand dollars may t-e performed by the employees of a public agency by force account. bN net-ated contract. or l7v purchase order. The dollar amounts set forth in this subsection shall be autOlY-Itically adjusted to conform to the maximum set bN section 220 32(a) ol'the Public G ntracts Code Or its successor statute regarding informal bidding ordirianccs. 3A-1 1 - lnformaI bidding for minor public works contracts other projects. Minor public Nvorks contracts that exceed sixtV thousand dollars shall be let L1.cording to this Scc'tlon. (a) 'l-he town shall maintain a list of qualified contractors. identified accorc-11g to categories of\,Nork. This list shall comply \pith all Criteria establislhed b\ the ( aliforriia L.)niform Construction Cost Accounting COI111n1SS1011. (b) \11 contractors on the list for the catc�.)orN Of\\ork bell<u) bid shall be ,Ailed. faxed. or c'1n< ,,led a notice Invltin.Y infOrmal bids ui11eSS the product or SCFVICe is prt'y,Tletarv. Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 5 (c) All mailing of notices to contractors pursuant to subsection (b) of this section shall be completed not less than ten calendar days betOre bids are due. (d) The notice invitino informal bids shall describe the project in general terms. how to obtain more detailed information about the project rind state the time and place for the submission of bids. (e) The town manager shall have the authority to award informal contracts to contractors for public works contracts selected puI'sLILInt to this section. (f) If all bids received are in excess of two hundred thousand dollars. the town council may, by adoption of a resolution by a four-fifths vote- award the contract, at two hundred twelve thousand five hundred dollars or less. to the logyv-est responsible bidder, if it determines the cost estimate of the public agency was reasonable. (g) The dollar amounts set forth in this section 3A-1 I shall be automatically,- adjusted to conform to the maximum set by section 22034(4) of the Public Contracts ('ode or its successor statute regarding informal bidding ordinances. 3A-12 - Alternative procedure Minor public works contracts. Notwithstanding anything in this article to the contrary. the town manager shall have discretion to let any public works contract by formal bidding as described in article V of this chapter. Article V. - Major Public Worl�s Contracts 'A-I' - General. Major public works contracts shall be let by formal competitive biddmL� as required by the Local Agency Public Construction Act- Public Contracts Code section-. 20100 et seq. 3. -14 - Notice inviting bids. The notice inviting bids shall set a date for the openinu) of bids and shad l be published at least. t,,yice. not less than five days apart. In a ne\\sparer of `'C nel'l1 Cil't rlatlon. as required by statute. The first notice shall be published at least tell dati s prior- to 1e date of opening( of'bids. In addition to the foregoing. the notice shall be published in sLa'h other neNvspapers and journals as the town enginecr determines are likely to 11olicit the most :favorable bids. 3A-1 D - Bids—Rejection and r-e-ads ertisement. The council shall hate the discretion to reject ani bids presented and I. -advcrtise. After rejecting bids. the council maypass a resolution by a foLlr-fifths Vote (', 'its members declaring that the project can be performed more economicall\ b\ the o n's own forces, day labor. or the materials or supplies furnished at a loti\er price in tale )perr market. t pon Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 6 adoption of the resolution. the council Deed not rc-advertise and may have the project done in the manner stated without further compliance v-%-ith tills chapter. 3A-16 - Choice of identical bids. If two or more bids are the same and the lowest. the council may accept the one that it chooses. 3A-17 -No bids received. If no bids are received. the council may have the project done �,ithout further compliance with this chapter. 3A-18 - Bidders—Presentation and security. (a) All bids shall be presented under sealed cover. (b) All bids shall be accompanied by bidder's security in an amount equal to at least ten percent of the amount bid. 7-'he security shall be in the form of cash, a cashier's check payable to the town, a certified check payable to the town- or a bidder's bond executed by an admitted surety insurer- payable to the town. A bid will not be considered unless accompanied by the required security. (c) If the successful bidder fails to execute the contract, the amount of bidder's security shall be forfeited to the town, except as otherwise may be provided by law. SECTION 2. SEVERABILITY. If any section, subsection, clause. sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining, portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence. clause or phrase thereof: irrespective of the fact that anyone or more sections, subsections. sentences. clauses. or phrases may be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voling for and against it at least once in a newspaper of general circulation published in the ToNN n of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May 1, 2019. and was adopted at a regular meeting of the Town Council of the Town of Tiburon on May 15, 2019- by the following vote: Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 7 AYES: COUNCILMEMBERS: Kulik, Fraser, Fredericks, Welner, Thier NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DAVID KULIK, MAYOR Town of Tiburon ATTEST: LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No. ### N. S. Adopted ####2019 8