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HomeMy WebLinkAboutTC Agd Pkt 2012-03-07Page 1 of 1 quD J Diane Crane lacopi From: Dana Steele [dana.steele@autodesk.com] VOWN OF TIBURON Sent: Monday, March 05, 2012 11:52 AM To: Vice Mayor, Emmett O'Donnell; askalicenow@usa.net; Mayor, Jim Fraser; Councilmember Richard Collins; Councilmember Frank Doyle Cc: Dana Steele Subject: Ned's Way/Dairy Knoll Project I am writing to each of you to voice my support for the Recreation Center project at Ned's Way (Dairy Knoll). As a long-time resident and parent in our community, I believe that a vibrant recreation center is an important component to maintaining a healthy community. Whether it's after school programs for children, or space to gather for meetings, or a location for many community activities, it serves as a focal point for our residents. I know that resources are limited, but I believe that this project will touch, and improve, the life of many in our community. Thank you for your consideration. Dana Dana Linker Steele Litigation and License CC]ETIpiiance Legal Autodesk, Inc. 111 Mclnnis Parkway, Sari Rafael, CA :4903 Direct 4115 50 f °642 Mobile 4' 342-2432 "6 N COUNCIL L E" AT, MA MEETING DATE 3/7/2012 Page 1 of 1 Diane Crane lacopi From: Audrey Fancy [audrey.fancy@gmail.com] Sent: Monday, March 05, 2012 12:57 PM To: Vice Mayor, Emmett O'Donnell; askalicenow@usa.net; Mayor, Jim Fraser; Councilmember Richard Collins; Councilmember Frank Doyle Subject: Ned's Way Recreation Center Town Council Members, I am writing to express my strong support for the Ned's Way Recreation Center. As the parent of two children who will soon enter the Reed District I see the need for this space both for after school activities for working parents such as myself and to free up school space that has been used for this purpose but is needed for instruction. While the cost of the project has increased this seems to be a worthwhile use of funds and if necessary other projects,e.g. the Lyford parking project, can be set aside for better fiscal times. My family originially moved to Tiburon in 1948 and while I did not grow up here I spent a lot of my childhood with my grandparents and aunt, uncle and cousins and have seen what a wonderful childhood this community provides. It is what brought my husband and I here when we were pregnant with our 1 st. It is my hope that this project will go forward to continue Tiburon's tradition as a great place for families. Best, Audrey Fancy L; TOWN CLERK TOWN OF TIBURON 3/7/2012 Page I of 1 Diane Crane lacopi From: Paras [pfancy@gmail.com] Sent: Monday, March 05, 2012 2:20 PM To: Vice Mayor, Emmett O'Donnell; askalicenow@usa.net; Mayor, Jim Fraser; Councilmember Richard Collins; Councilmember Frank Doyle Subject: Ned's Way Rec Center/AfterSchool Program Space Dear Town Council, I strongly support the Ned's Way Rec Center/After School Program and urge you to approve it. ❑ Both me and my wife work and ❑ we'll use the program next fall when our daughters go to Reed. ❑ ❑Additionally, it is abetter use of Tiburon's money compared to beautification projects as it will generate revenue. ❑ Again, I urge you to approve this project. Regards, Paras Fancy 7 a?~ U d TOWN CLERK TOWN OF TIBURON 3/7/2012 Diane Crane lacopi From: Graham, Russell [Russell.Graham@blackrock.com] Sent: Monday, March 05, 2012 3:05 PM To: Vice Mayor, Emmett O'Donnell; askalicenow@usa.net; Mayor, Jim Fraser; Councilmember Richard Collins; Councilmember Frank Doyle Subject: Ned's Way Rec Center/AfterSchool Program Space Dear Tiburon Town Council members, I support the development of this project and urge the council to approve it. Kind regards, Russell Graham 470 Bella Vista Ave Belvedere, CA 94920 Russell Graham, CFA Director iShares Product Management TEL 415 670 4606 russell.graham@blackrock.com<mailto:adam.blankman@blackrock.com> B1ackRock 400 Howard Street San Francisco, CA 94105 j *TOV'JIV CLERK TOWN OF TIBURON 1 TOWN OF TIBURON Tiburon Town Council Tiburon Town Hall March 7, 2012 1505 Tiburon. Boulevard Regular Meeting - 7:30 p.m. Tiburon, CA 94920 Interview - 7:15 p.m. AGENDA TIBURON TOWN COUNCIL INTERVIEWS FOR TOWN BOARDS, COMMISSIONS &t COMMITTEES - (7:15 p.m.) Heritage & Arts Commission - Two vacancies • Suanne Bassett, 27 Barbaree Lane CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. 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. 1. Fair Housing Month - Proclamation in support of April 2012 Fair Housing Month (Town Clerk Crane Iacopi) 2. Local Hazard Mitigation Plan (LHMP) - Adopt resolution adopting ABAG's updated Taming Natural Disasters multi-jurisdiction LHMP and the updated Town annex as the Town's Local Hazard Mitigation Plan (Associate Planner Tyler) 3. Public Pedestrian Easement at 1600 Mar West Street - Adopt resolutions abandoning and accepting realigned public pedestrian access easement over a portion of the Tiburon Peninsula Club property located at 1600 Mar West Street; AP Nos. 058-171-17 and 058- 171-76 (Director of Community Development Anderson) 4. Martha Company MOU - Approve extension of Memorandum of Understanding with Martha Company (Town Attorney Danforth) ACTION ITEMS 1. Ned's Way Recreation Building - Consider award of contract for construction of recreation facility located at 600 Ned's Way (Director of Public Works/Town Engineer Nguyen) PUBLIC HEARINGS Appeals of Sign Permit Approval at 1599 Tiburon Boulevard - Consider appeals of sign permit approval for the installation of signs for a Drug Store and Pharmacy at 1599 Tiburon Boulevard (Planning Manager Watrous) • Zehnsky Properties, LLC, Owner; Josh Eisenhut /Armstrong Development Properties, Inc., Applicants/Appellants • Appellants Against the CVS Beach Road Sign, Appellants • Assessor's Parcel Nos. 058-171-89 and a portion of 058-171-88 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town -Council Weekly Digests -February 17, 2012 • Town Council Weekly Digest - February 24, 2012 • Town Council Weekly Digest -March 2, 2012 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 7, 2012 Agenda Item: CC-1 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Proclamation for Fair Housing Month In April 2012, Fair Housing of Marin will once again celebrate Fair Housing Month as a reminder that equal housing is not only state and national policy, but a fundamental concept that the people of our County embrace. The Town Council is being asked to adopt its own proclamation that urges all Tiburon residents to adopt the spirit, as well as the law, of equal housing opportunity. The proclamations will be read at the Fair Housing Poster Contest Awards Ceremony and Fair Housing Celebration on April 21 2012 at 10:00 a.m. at the County Board of Supervisors Chambers. This year's theme is "Marin Welcomes All Neighbors". Marin County Superintendent of Schools Mary Jane Burke will be the MC at the event. Supervisor Steve Kinsey and Mayor Len Rifkind of Larkspur will present the Fair Housing proclamations. An invitation to attend this event will be sent to the Council at a later date. RECOMMENDATION Staff recommends that the Town Council authorize signature by the Mayor of the attached Proclamation in support of Fair Housing Month in Marin. Exhibits: Letter from Fair Housing of Marin Draft Proclamation Prepared By: Diane Crane Iacopi, Town Clerk Page 1 of 2 Diane Crane lacopi From: Adriana Ames [aames@fairhousingmarin.com] Sent: Thursday, February 16, 2012 12:28 PM To: 'Adriana Ames' Subject: Fair Housing Proclamation Attachments: Proclamation 2012-Final.doc February 16, 2012 RE: 2012 FAIR HOUSING PROCLAMATION Dear Mayor: In April 2012, Fair Housing of Marin will once again celebrate National Fair Housing Month as a reminder that equal housing is not only state and national policy, but also a fundamental human concept that the people of our County embrace. At this time, we would like to ask you to be part of this effort and issue a Proclamation declaring April 2012 as Fair Housing Month. Your leadership in this effort is vital because during Fair Housing Month we strive to emphasize the rich cultural diversity of our citizens. To that end, we attach sample wording for the Proclamation. Proclamations will be announced at the Fair Housing Poster Contest Awards Ceremony and Fair Housing Celebration on April 2, 2012 at 10:00 a.m. The theme this year is: Marin Welcomes All Neighbors. Mary Jane Burke, Marin County Superintendent of Schools will be the MC. Steve Kinsey, Marin County Supervisor and Len Rifkind, Mayor of Larkspur, will present the Fair Housing proclamations. An invitation to attend this event, at the Marin County Board of Supervisors' chambers in the San Rafael Civic Center will be sent to you at a later date. Also, your Proclamation will be mentioned in our literature and press releases regarding Fair Housing Month. We hope your city/town will participate in this countywide effort to support equitable housing for all. If you have any questions, please do not hesitate to contact me at (415) 457-5025 x108 or via email to aames@fairhousingmarin.com. Sincerely, A&4a Airc8 Adriana Ames Education Director Adriana Ames Education Director Fair Housing of Marin 615 B Street, San Rafael, CA 94901 Phone: (415) 457-5025, ext 108 TDD: (800) 735-2922 Fax: (415) 457-6382 Email: aamesafairhousingmarin.com Website: www.fairhousingmarin.com 2/23/2012 TOWN OF TIBURON PROCLAMATION IN SUPPORT OF FAIR HOUSING MONTH APRIL 2012 WHEREAS, the principle of fair housing is not only state and national law and policy, but a fundamental human concept and entitlement for all citizens; and WHEREAS, discrimination based on race, national origin, gender, disability, familial status (exclusion of minor children), religion, martial status, and sexual orientation is illegal in California; and WHEREAS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, and the like; and WHEREAS, interested parties from both the private and public sectors are joining with Fair Housing of Marin to participate in a city, state and national effort to promote fair housing; NOW THEREFORE I, Jim Fraser, Mayor of the Town of Tiburon, on behalf of the Tiburon Town Council, do hereby proclaim the month of April, 2012 to be FAIR HOUSING MONTH in the Town of Tiburon and urge all residents of our community to personally adopt the spirit of equal housing opportunity and adhere to the letter and character of the Fair Housing Laws. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this 7th day of March, 2012. JIM FRASER, MAYOR TOWN OF TIBURON To: From: Mayor and Members of the Town Council Community Development Department Town Council Meeting March 7, 2012 Agenda Item: Cc Subject: Recommendation to Adopt an Updated Local Hazard Mitigation Plan Reviewed By: r BACKGROUND Several years ago, the U. S. Congress enacted the Disaster Mitigation Act of 2000 (DMA 2000). Under this Act, the Federal Emergency Management Agency (FEMA) requires that in order to remain eligible to receive federal funding for both pre-disaster and post-disaster mitigation, local governments must adopt a FEMA-approved Local Hazard Mitigation Plan (LHMP). At the regional level, the Association of Bay Area Governments (ABAG) received a grant from FEMA to prepare a multi jurisdictional LHMP that fulfills the requirements of DMA 2000. On March 17, 2005, the ABAG Executive Board adopted Taming Natural Disasters, a multi- jurisdictional hazard mitigation plan for local governments in the San Francisco Bay Area. Individual cities and counties then adopted "annexes" to the larger ABAG multi jurisdictional plan, as allowed by DMA 2000, in lieu of individual agency preparation of separate Local Hazard Mitigation Plans. The Town Council adopted the Town's current LHMP annex to Taming Natural Disasters in October 2005. ABAG adopted a revised multi jurisdictional LHMP ("Taming Natural Disasters) in February, 2011. Over the past year, participating local governments have updated their "annexes" to comply with the revised Taming Natural Disasters and are in the process of having FEMA review and approve them. Staff submitted the Town's updated annex to FEMA in May, 2011. In January, 2012, ABAG informed Town staff that FEMA is unable to review submitted annexes in a timely manner, and therefore recommends each participating local government have their Council adopt their revised annex by March 24, 2012, even without a FEMA approval, in order to still qualify for disaster funding. ANALYSIS Taming Natural Disasters, ABAG's multi jurisdictional LHMP, identifies several dozen disaster mitigation strategies with the goal of reducing the impact of disasters on infrastructure, health care, housing, the economy, government services, education, the environment and land use. These strategies were reviewed and priorities for Tiburon were identified by members of Public Works, Police, Building and Community Development departments. The 58-page strategy matrix can be found at w-Nvw.abag.ca.gov/bayarea/eqma.ps/mitigation/strategy.ht.ml. TOWN OF TIBURON PAGE 1 OF 2 TOWN OF TIBURON w 1505 Tiburon Boulevard Tiburon, CA 94920 A key feature of ABAG's effort was to provide a template and information to use in the development of annexes to the multi jurisdictional plan. The Town of Tiburon LHMP Annex (Exhibit 2) describes the Town's planning process, hazard and risk assessment, mitigation activities and priorities, and plan maintenance and update process. In the revised LHMP, a new section, titled "Future Mitigation Activities and Priorities" discusses the Town's priorities related to building construction, critical facility upgrades and specific mitigation tasks over a five year period. The draft annex discusses future mitigation priorities such as continuing to work with Conservation Corps North Bay to implement fire related items in the Town's Open Space Management Plan, as well as making necessary repairs to shoreline areas, as indicated in the Town's Capital Improvement Program. As of the date of this report, nineteen local governments around the Bay Area have adopted LHMP annexes similar to the Town's draft annex, and forty-four local governments have submitted draft annexes and are pending approval. Within the County of Marin, only the City of Belvedere and the Town of San Anselmo have received FEMA approval and have had their LHMP's adopted by their Council. FINANCIAL IMPACT Adoption of the updated Town annex and updated Taming Natural Disasters multi jurisdictional LHMP would not incur any direct of immediate cost to the Town. However, implementation of established priorities over the next several years would be subject to funding through the Town's Capital Improvement Program. The extent of such funding would be determined through the normal budget process. RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the draft resolution adopting ABAG's updated Taming Natural Disasters multi jurisdictional LHMP and the updated Town annex as the Town's Local Hazard Mitigation Plan Exhibits: 1. Draft Resolution 2. Draft Annex Update Prepared By: Laurie Tyler, Associate Planner RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) REPORT "TAMING NATURAL DISASTERS" AS THE TOWN OF TIBURON' S LOCAL HAZARD MITIGATION PLAN WHEREAS, the Bay Area is subject to various earthquake-related hazards such as ground shaking, liquefaction, landslides, fault surface rupture, and tsunamis; and WHEREAS, the Bay Area is subject to various weather-related hazards including wildfires, floods, and landslides; and WHEREAS, the Town of Tiburon recognizes that disasters do not recognize city, county, or special district boundaries; and WHEREAS, the Town of Tiburon seeks to maintain and enhance both a disaster- resistant Town and region by reducing the potential loss of life, property damage, and environmental degradation from natural disasters, while accelerating economic recovery from those disasters; and WHEREAS, the Town of Tiburon is committed to increasing the disaster resistance of the infrastructure, health, housing, economy, government services, education, environment, and land use systems in the Town of Tiburon, as well as in the Bay Area as a whole; and WHEREAS, the federal Disaster Mitigation Act of 2000 requires all cities, counties, and special districts to have adopted a Local Hazard Mitigation Plan to receive disaster mitigation funding from FEMA; and WHEREAS, ABAG has approved and adopted the ABAG report Taming Natural Disasters as the multi jurisdictional Local Hazard Mitigation Plan for the San Francisco Bay Area; NOW THEREFORE, BE IT RESOLVED that the Town of Tiburon adopts, and adapts with its local annex, this multi jurisdictional plan as its Local Hazard Mitigation Plan. NOW THEREFORE, BE IT FURTHER RESOLVED that the Town of Tiburon commits to continuing to take those actions and initiating further actions, as appropriate, as identified in the Town of Tiburon Annex of that multi jurisdictional Local Hazard Mitigation Plan. TIBURON TOWN COUNCIL RESOLUTION NO. XX-2012 PASSED AND ADOPTED at a regular meeting of the Town Council on March 7, 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. XX-2012 I Annex to 2010 Association of Bay Area Governments Local Hazard Mitigation Plan Taming Natural. Disasters Town of Tiburon Table of Contents introduction The Regional Planning Process The Local Planning Process .......................................................................................................2 Public Meetings ~ Process for Updating Plan Sections Hazards Assessment ....................................................................................................................3 Past Occurrences Of Disasters (natural and human-induced) ..........................................4 Fisk Assessment ...........................................................................................................................5 Urban Land Exposure 5 Infrastructure Exposure 6 Exposure of County (City, District)-Owned Buildings, Plus Critical Healthcare Facilities and Schools 7 Repetitive Loss Properties 9 Other risks 9 National Flood Insurance Program ..........................................................................................9 Mitigation Goals and Objectives ...............................................................................................9 Mitigation Activities and Priorities ........................................................................................10 Evaluation of Progress from 2005 Plan 10 Future Mitigation Actions and Priorities 1.1 On-Going Mitigation Strategy Programs 12 incorporation into Existing Planning Mechanisms .............................................................12 Plan Update Process ..................................................................................................................1 3 Mitigation Plan Point of Contact ............................................................................................13 Exhibit A - Jurisdiction Boundary Map .................................................................................13 Exhibit B - Public Meeting Announcements ........................................................................13 Exhibit C - 138 2010 Local Hazard Mitigation Plan 1 May 19; 2011 Town of Tiburon Annex Introduction The Town of Tiburon is a shall municipality located in southeastern Marin County, California, bordered by the San Francisco Bay to the east and south, and Richardson Bay to the west. The Town of Corte Madera is directly north. A map of the Town's jurisdictional boundary is provided in Exhibit A. The current population of the Town is 8,666 people, based on the 2000 census'. For Fiscal Year 2010/11, the Town's operating budget is $6.9 million. The Town has 40.15 Fulltime Equivalent (FTE) employees, and has three municipal facilities (Town Hall, Police Department and Public Works Yard). While the Town provides local police services, fire services are supplied by separate fire districts. The Tiburon Peninsula has not experienced many disasters; however, the Town did experience the Loma Prieta. Earthquake of 1989. The Regional Planning Process The Town of Tiburon participated in the various ABAG workshops, conferences, and meetings. Specifically, Town Staff attended a city-county workshop on April 30, 2009. In addition, the Town provided written and oral comments on the multi jurisdictional plan, and provided information on facilities that are defined as "critical" to ABAG. For more information on these meetings and for rosters of attendees, please see Appendix A and H in the ABAG Multi- Jurisdictional Local Hazard Mitigation Plan 2010 (MJ-LHMP). The Local Planning Process Representatives from Town departments met to identify and prioritize appropri ate mitigation strategies. Personnel involved in these meetings included the Public Works Director, Building Official, Emergency Services Coordinator, Police Chief and Community Development Director. This group was formed in order to represent the areas of the Town's government that play an important role in hazard mitigation. During the meetings, mitigation strategies were identified and prioritized, and preliminary budgets were reviewed, as well as potential funding sources for strategies designated as "High" priority to Town-owned-and-operated facilities. Public Meetings Opportunity for public comments on the Draft Mitigation Strategies were provided at a public meeting of the Town Planning Commission on November 10, 2010, and advertised on the Town of Tiburon website. The Draft Mitigation Strategies were also published on the Town of Tiburon website for public viewing. No public comments were received from either the 1 For complete Census information on this Town; see htto://v'W-,N-.bavareaeensus.ca.zov/. 2010 Local Hazard Mitigation Plan 2 May 19, 2011 Town of Tiburon Annex meeting or the internet posting. Copies of the legal notice. internet posting. and Planning Commission Minutes are included as Exhibit B to the Town of Tiburon 2010 LHMP Annex. The Town Council will adopt the plan in a public meeting via an official Resolution upon approval by FEMA. Process for Updating Plan Sections Town staff began the update process by reviewing the 2005 Plan. Staff then researched Town Records and met with key town and special district personnel in order to provide new information on hazards and susceptibility within the Town. The Plarming Process section was updated to reflect the activities that took place as part of the plan update process. The Hazards Assessment section included any new disasters that occurred since the last plan and reflected updates to the hazard maps. The Risk Assessment section was updated to include the new hazard mapping and land use data. The plaiu-iing team reviewed each section of the plan and determined that there needed to be updates based on new information or better data. Incorporating Other Plans into the Annex Existing plans, studies, reports, and Method of incorporation into the technical information jurisdiction annex Capital Improvement Plan , Mitigation strategies Emergency Operations Plan Hazards Assessment Mitigation Strategies General Plan Safety Element Hazards Assessment Mitigation Strategies Hazards Assessment The ABAG Multi -Juri sdictional Local Hazard Mitigation Plan, to which this is an annex, lists nine hazards that impact the Bay Area, five related to earthquakes (faulting, shaking, earthquake- induced landslides, 'liquefaction, and tsunamis) and four related to weather (floodin(y, landslides, wildfires, and drought). These hazards also impact this community with the exception of surface faulting. Surface faulting is not a hazard in the Town of Tiburon because no active faults are located in the Town. Maps of these hazards and risks are shown on the ABAG website at http : //g u ak e. ab a a. ca. 3-o v/mitigation/. The Town of Tiburon has reviewed the hazards identified and ranked the hazards based on past disasters and expected future impacts. The conclusion is that earthquakes, (particularly shaking) flooding. wildfire, and 'landslides (including unstable earth) pose a significant risk for potential loss in Tiburon. The Town came to this conclusion based on several indicators. First is that the Tiburon Peninsula is located between the San Andreas Fault line and the Hayward Fault line. The Hayward fault line lies approximately 10 kilometers to the east of Tiburon, while the San Andreas Fault is approximately 13 kilometers to the west. The San Andreas Fault experienced a 2010 Local Hazard Mitigation Plan May 19, 2011 Town of Tiburon Annex large magnitude earthquake in 1906 and the Hayward Fault in 1868. The U.S. Geological Survey has predicted that California has a 64% chance or greater of having another significant quake. Second is that the Town is highly susceptible to tidal flooding, storm surges, sea level rise and tsunamis based on a majority of the Town's boundary being surrounded by the San Francisco Bay or Richardson Bay. Tiburon is also a hillside community, a majority of which is-located within the Wildland Urban Interface (WUI) Zone. This alone results in a community that is more susceptible to wildfires under specific climatic conditions than areas not designated as WUI. Lastly, a majority of the Town is located on steep hillsides, which have in the past experienced landslides due to severe storms and erosion. These four hazards are the most common and most likely to affect the Town in the future, which is why the Town continues to work towards preparing and mitigating the effects of these particular potential hazards. The Town of Tiburon does not face any natural disasters that are not listed in the ABAG multi- jurisdictional plan; however, new hazards have been identified by the Town of Tiburon since the original development of this plan in 2005. Additional hazards identified by the Town of Tiburon include climate change (sea level rise), heat, pandemic flu, and security related threats (terrorism). While the Town of Tiburon has undertaken a number of general hazard mapping activities since the first Safety Element was prepared by the Town of Tiburon, all of these maps are less detailed and are not as current as those shown on the ABAG website at http://Quake.abap.ca.2ov/miti2ation/. Past Occurrences of Disasters (natural and human-induced) With the exception of the Loma Prieta Earthquake of 1989, the Town of Tiburon has not experienced many large scale disasters over the last 50 years. Regionally, the Loma Prieta Earthquake killed 63 persons, injured 3,757 persons, and displaced over 12,000 persons. With over 20,000 homes and businesses damaged and over 1,100 destroyed, this quake caused approximately $6 billion in damage. Reconstruction continues some two decades later as the replacement for the damaged section of the Oakland-Bay Bridge is still several years from completion. In the Town of Tiburon, minimal damage (i.e. cracks in walls, unsecured items falling) was reported, but no significant structural or infrastructure damage as a result of the earthquake. More information on State and Federally declared disasters in Tiburon can be found at hqp://guake.abap-.ca. gov/mitigation/ThePlan-D-Version-DecemberO9.pdf In addition to the declared disasters noted in Appendix D, locally significant incidents that have also impacted Town of Tiburon in the last several years include: 2010 Local Hazard Mitigation Plan 4 May 19, 2011 Town of Tiburon Annex • November 2007 - Cosco Busan Oil Spill. A container ship struck one of the towers of the San Francisco Bay Bridge, causing over 53,000 gallons of fuel to spill into the bay. Tiburon F-OC activated • January 2008 - Winter Stonn caused flooding and power outages. • October 2008 - Angel Island Fire, caused by a campfire. CalFire, Tiburon Fire and other local fire agencies responded. Tiburon EOC activated. • March 2009 - Mill Valley Treatment Plant Sewage Spill into Richardson Bay. • December 2009 - HIN1 Outbreak. Mann County Health and Human Senlices activated the County EOC and held conference calls with local EOC liaisons (i.e. Tiburon OES) Risk Assessment Urban Lana Exposure The Town of Tiburon examined the hazard exposure of Town urban land based on information in ABAG's website at http://Quake.aba2.ca.2ov/miti2ation/pickdbh2.html. The "21005 Existing Land Use -with. 2009 Mapping" file was used for this evaluation (in the existing plan, the file used «7as "Existing Land Use in 2000"). In general, the hazard exposure of the Town of Tiburon has mostly decreased over time, even though the amount of urban land has not increased. The Town actually reduced the acres of urban land in the 100 year and 500 year flood zones over the last 5 years due to changes in the new FEMA flood maps. However, the Wildland-Urban Interface Fire Threat has increased due to new mapping provided by local fire agencies (Tiburon Fire Protection District and Southern Mann Fire District). The following table describes the exposure of urban land within the Town to the various hazards. I- h usure kacres or urban I fanu) Hazard 200 2010 Change Total Acres of Urban Land 1.883 1,896 13 Earthquake Faulting (within CGS zone) Not applicable Earthquake Shaking (within highest two shaking categones)3 83 83 0 Earthquake-Induced Landslides (within CGS study zone) Not applicable Liquefaction (within moderate, high, or very high liquefaction susceptibility 265 256 9 Flooding' (within 100 year floodplain) 107 51 56 No active faults run within the Town; rupture of a fault is not a direct concern. In large part because the San Andreas, Hayward. and Rodger's Creek fault systems run in close proximity to the Town. 4 While earthquake-induced landslides may be a hazard in the Town of Tiburon, the California Geological Survey has not completed mapping of this hazard in the Town of Tiburon. The Town's urban land exposure to flooding has decreased due to better and more accurate mapping provided by FEMA in May 2009. 2010 Local Hazard Mitigation Plan 5 May 19, 2011 Town of Tiburon Annex Flooding (within 500 year floodplain) 44 12 32 Landslides (within areas of existing landslides) 383 387 4 Wildfire (subject to high, very high, or extreme wildfire threat) 6 86 53 33 Wildland-Urban Interface Fire Threat 1,490 1,569 79 Dam Inundation (within inundation zone) Not applicable Sea Level Rise Not applicable Tsunamis (within inundation area) Not applicable Drought ' The decrease is due to better and more accurate mapping provided by Tiburon Fire and Southern Marin Fire. The sea level ri se map is not a hazard map. It is not appropri ate to assess infrastructure exposure to sea level rise. Tsunami evacuation planning maps were not available inside the San Francisco Bay in 2005. This map became available in December 2009. Acres of exposed land are not an appropriate analysis for this hazard. It should be noted that this map is not a hazard map and should be used for evacuation planning purposes only. The inundation line represents the highest inundation at any particular location from a suite of tsunami sources. It is not representative of any single tsunami. 9 The entire Town is subject to drought. Infrastructure Exposure The Town also examined the hazard exposure of infrastructure within the jurisdiction based on the information on ABAG's website at http://guake.aba2.ca.2ov/miti2ation/pickdbh2.html. Of the 50 miles of roadway infrastructure. in Town, which includes highway, service roads and road connectors and ramps, the Town only maintains 35 miles of roadway. The following are exposed to the various hazards analyzed. Exposure (miles of infrastructure) Road way Tra nsit Rai l Hazard 2005 2010 2005 2010 2005 2010 Total Miles of ht frrastructure 61 35 0 0 0 0 Earthquake Shaking (within highest 4 4 0 0 0 0 two shaking categories) Liquefaction Susceptibility (within 8 10 0 0 0 0 moderate, high, or very high liquefacti on susceptibility Liquefaction Hazard (within CGS 10 Not applicable study zone) Earthquake-Induced Landslides ] 1 Not applicable (within CGS study zone) Earthquake Faulting (within CGS Not applicable 10 Mapping has not yet been completed for Mann County. 1 Mapping has not yet been completed for Mann County. 2010 Local Hazard Mitigation Plan 6 May 19, 2011 Town of Tiburon Annex zone) Flooding (within 100 vear floodplain) 4 2 0 0 0 0 Flooding (within 500 year floodplain) 2 0 0 i 0 I 0 0 Landslides (within areas of existing landslides) 48 39 0 0 0 0 Nx ildfires (subject to high, very high, or extreme wildfire threat) 3 i 1 0 0 0 j 0 ' ildland-Urban Interface Fire Threat 39 42 1 0 0 , 0 0 Dam Inundation (within inundation zone) Not applicable j Sea Level Rise - Not applicable Tsunamis 13 Not applicable Drought' I Not applicable The sea level rise map is not a hazard map. It is not appropriate to assess infrastructure exposure to sea level rise. i Tsunami evacuation planning maps were not available inside the San Francisco Bay in 200. This map became available in December 2009. Miles of exposed infrastructure is not an appropriate analysis for this hazard. It should be noted that this map is not a hazard map and should be used for evacuation planning purposes only. The inundation line represents the highest inundation at any particular location from a suite of tsunami sources. It is not representative of any single tsunami. 14 Drought is not a hazard for roadwavs. Exposure of Town of Tiburon-Owned Buildings, Plus Critical Healthcare Facilities and Schools Finally, the Town examined the hazard exposure of critical health care facilities and schools located within the Town of Tiburon, and Town-owned buildings based on the information on ABAG's website at http://quake.aba~Z.ca.2ov/mitigation/pickerit20lO.html. The Town provided a. list of the critical facilities it owns to ABAG. ABAG provided a detailed assessment of the hazard- exposure of each of its facilities. The following numbers of facilities are exposed to the various hazards analyzed. 2010 Local Hazard Mitigation Plan 7 May 19, 2011 Town of Tiburon Annex Exposure (n umber of facilit y t , es) Locally o-vNmed Locally owned Hazard Hospitals Schools critical bridges and facilities interchanges 2005 2010 2005 2010 2005 2010 2005 2010 Total Number of Facilities 1 2 4 5 6 5 2 3 Earthquake Shaking 0 0 0 0 2 1 0 0 (within highest two shaking categories) Liquefaction Susceptibility 0 1 1 3 2 4 0 1 (within moderate, high, or very high liquefaction susceptibility Liquefaction Hazard - - - - - - - - (within CGS study zone)'' Earthquake-Induced - - - - - - - - Landslides (within CGS study zone)' 6 Earthquake Faulting 0 0 0 0 0 0 0 0 (within CGS zone) Flooding (within 100 year 0 1 0 0 0 1 0 0 flood lain) Flooding (within 500 year 0 0 1 0 1 0 0. 0 flood lain) Landslides (within areas of 1 2 4 5 6 5 2 3 existing landslides) Wildfires (subject to high, 0 0 0 0 0 0 0 0 very high, or extreme wildfire threat) Wildland-Urban Interface 1 2 3 4 4 4 0 1 Fire Threat Dam Inundation 0 0 0 0 0 0 0 0 Sea Level Rise (exposed to - 0 - 0 - 0 - 0 161n sea level rise)' Sea Level Rise (exposed to - 1 - 0 - 1 - 1 55in sea level rise)18 Tsunamis" (within - 0 - 0 - 2 - 0 inundation area) Drought20 - - - - - - - - Mapping has not yet been completed for Marin County. 16 Mapping has not yet been completed for Marin County. " Sea level rise data was not available in 2005 Sea level rise data was not available in 2005 '9 Tsunami evacuation planning maps were not available inside the San Francisco Bay in 2005. This map became available in December 2009. It should be noted that this map is not a hazard map and should be used for evacuation planning purposes only. The inundation line represents the highest inundation at any particular location from a suite of tsunami sources. It is not representative of any single tsunami. 20 Drought will not affect locally owned facilities directly. 2010 Local Hazard Mitigation Plan 8 May 19, 2011 Town of Tiburon Annex Repetitive Lass Properties There are three (3) repetitive loss properties in the Town based on the infoil ration at http://quake.aba~4.ca.2ov/mitigation/pickflood.html. All three (3) repetitive loss properties are residential, according to http: "/quake.abai-y.ca.~y-ov%mltlLyation floodloss/lnanni'#data. However., it is unknown if these properties are located within a flood plain or outside the flood plain. In 2004 the Town also had three (3) repetitive loss properties, two (2) of which were located outside the flood plain, and one (1) of which was located within a 100-year flood plain. It would appear that the number of repetitive loss properties remains unchanged from the last plan update in 2005. Other risks The major potential disaster impacts to the Town are earthquakes, flooding, landslides and fire. Pan flu terrorism is another potential disaster, though not as likely to occur- as the others. Tiburon differs from the rest of the region in terms of vulnerability due to its isolated location along the peninsula of southern Mann. With only two (2) roads in and out of Town, these roadways are vulnerable to landslides and liquefaction, which pose a significant threat to residents and emergency services trying to enter and exit the Town during or after a disaster. Through cooperative disaster planning agencies including the Tiburon Office of Emergency Services, Tiburon Police, Tiburon Fire Protection District, Southern Mann Fire District, and the County of Marin Office of Emergency Services, extensive planning to mitigate disasters has already occurred, and will continue, to ensure our community is prepared. The Town of Tiburon plans to work with ABAG to develop specific information about the kind and level of damage to buildings, infrastructure, and critical facilities which might result from any of the hazards previously noted. National Mood Insurance Program The Town of Tiburon has participated in the National Flood Insurance Program since 1977. To date, the Town has not participated in the Community Rating System. The Town continues to keep local ordinances compliant with the FEMA model ordinance, and applies flood ordinance provisions diligently. In addition to using FEMA maps to regulate flood hazard areas, the Town may require elevation certificates at the building permit stage to verify compliance with NFIP requirements. There have been no issues with community participation in the program and no general hurdles have been identified regarding effective implementation of the program. Mitigation Goats and Objectives The goal of the ABAG M3-LHMP is to maintain and enhance a disaster-resistant region by reducing the potential for loss of life, property damage, and environmental degradation from natural disasters, while accelerating economic recovery from those disasters. This goal is 2010 Local Hazard Mitigation Plan 9 May 19, 2011 Town of Tiburon Annex unchanged from the 2005 plan and continues to be the goal of Tiburon in designing its mitigation program. In addition, the Town has the specific objective of reducing the number of public and private buildings vAlithin the Town that are vulnerable to the effects of earthquakes. Mitigation Activities and Priorities Evaluation of Progress from 2005 Plan In 2005, mitigation actions and priorities were identified. The list below indicates each of the strategies identified, along with responsible party, action taken, and current status of progress. Government Mitigation Strategies: The Town has established the Tiburon Office of Emergency Services, which has been working towards disaster preparedness for the Town and the community. Tiburon OES staff teaches Get Ready courses and also aides in CERT trainings, as well as oversees the Town's Emergency Operation Center. In addition, the Town has been researching the possibility of constructing a new LEED certified Public Works Corp Yard, which is a primary critical facility within the Town's jurisdiction. Education Mitigation Strategies: Education facilities are under the Reed Union School District; however, the Town has a close working relationship with the school district. Health Mitigation Strategies: The Town of Tiburon is not responsible for health care facilities within the Town's boundaries. The Marin County Health Department would be the responsible agency, along with the State of California. Economy Mitigation Strategies: The Town continues to review and adopt current California Building and Fire codes. With the exception of establishing the Tiburon Office of Emergency Services, which oversees the Tiburon Emergency Operation Center, Get Ready courses and CERT trainings, the majority of the economy mitigation strategies do not apply to the Town. Environmental Mitigation Strategies: In order to control invasive and exotic species that contribute to fire and flooding hazards, the Town has adopted an Open Space Resources Management Plan. The goals of the OSRMP with regard to management of vegetation are to reduce fire hazard on open space, reduce the risk of wildfire, preserve native species and sensitive habitats, and control/reduce non-native species and weeds. Housing Mitigation Strategies: The Town continues to review and adopt current California Building codes. The Town has also established the Tiburon Office if Emergency Services, which educates property owners on disaster preparedness through Get Ready courses and CERT trainings. Infrastructure Mitigation Strategies: The Town successfully completed the under grounding of utilities in the Lyford Cove area of Town in 2009. In 2011, the Town will begin under grounding utilities in the Del Mar neighborhood. In terms of critical facilities; the Town has 2010 Local Hazard Mitigation Plan 10 May 19, 2011 Town of Tiburon Annex started researching the possibility of constructing a new LEED certified Public Works Corp Yard. but has vet to begin construction due to lack of funding. Land Use Mitigation Strategies: The Town continues to keep 'local ordinances compliant Nvith the FEN4A model ordinance, and applies flood ordinance provisions dlllgently. In addition to using FEMA maps to regulate flood hazard areas, the Town may require elevation certificates at the building pen-nit stage to verify compliance with NFIP requirements. Future /litigation fictions and Priorities As a participant in the 2010 ABAG multi-jurisdictional planning process, Tiburon staff helped in the development and review of the comprehensive list of mitigation strategies in the overall multi jurisdictional plan. The decision on priority was made based on a variety of criteria, not simply on an economic cost-benefit analysis. These criteria include being technically and administratively feasible, politically acceptable, socially appropriate, legal, economically sound, and not harmful to the environment or our heritage. Representatives fi-om several departments then met periodically to review progress on the Town's 2005 strategies, to identify and prioritize additional mitigation strategies to update the list The draft priorities will be provided to the Town Council for adoption pending approval of this LHMP by FEMA. The Town has established priorities related to building construction, critical facility upgrades, and specific mitigation tasks for the next 5 years. The Town is undertaking the following: In January 201 1, the Town Council adopted the 2010 California Building Code which applies to all construction activity within the Town boundaries. The California Building Code is comprised of 11 parts that incorporate public health, safety, energy, green building and access standards used in the design and construction of all buildings. The new code provisions will allow the Town to utilize the latest technologies, advances in construction standards and seismic design for use in new residential and commercial construction and in remodels. d As part of the Capital Improvement Program, the Town will implement a Shoreline Park rip rap restoration, in order to shore up all the larger rocks at Shoreline Park and help prevent erosion into the San Francisco Bay. Shoreline Park is fully exposed to the Bay which is susceptible to sea level rise, tsunamis and possible tidal flooding. Also as part of the Capital Improvement Program, the Town will implement a foundation repair to a section of Paradise Drive in order to shore up the embankment by constructing a "soil nail" wall. This would help stabilize the exposed earthen bank that holds up Paradise Dr. just past the Caprice restaurant, which street segment could be susceptible to landslide as a result of earthquakes or storms. • The Town will continue to research the possibility of construction of a new LEED certified Public Works Corp Yard, as this is the Town's primary critical facility in need 2010 Local Hazard Mitigation Plan 11 May 19, 2011 Town of Tiburon Annex of repair/updating. Seismic retrofit work would be done simultaneously in order to ensure this critical facility could withstand the next major- earthquake in the Bay Area. This project is largely dependent on funding. In order to assist with the prevention of wildfires, the Town will work with Conservation Corps North Bay to obtain a matching Cal Fire Grant in order to implement the fire related items within the Town's Open Space Management Plan. The Town's Public Works Department will also begin working on a "zone approach" to remedy the highest priority areas in the open space to clear out invasive species and heavy brush. In addition, the Town will begin implementation of a program designed for residents living adjacent to open space, which outlines the guidelines for mowing grasses and vegetation clearing on open space lands. On-Going Mitigation Strategy Programs The Town of Tiburon has many on-going mitigation programs that help create a more disaster- resistant region. The following list highlights those programs identified as Existing P7-0grams in the mitigation strategy spreadsheet. Others are on-going programs that are currently underfunded. It is the Town's priority to find additional funding to sustain these on-going programs over time. • Continue to comply with all applicable building and fire codes as well as other regulations when constructing or significantly remodeling infrastructure facilities (INFR, HOUS, ECON, GOVT) • Continue to enforce and/or comply with State-mandated requirements, such as the California Environmental Quality Act (ENVR a-1) • Incorporate FEMA guidelines and suggested activities into local government plans and procedures for managing flood hazards (LAND, GOVT, HODS, INFR) • Continue to participate in FEMA's National Flood Insurance Program (GOVT d-5) • Continue to facilitate the distribution of emergency preparedness materials and trainings through the Tiburon Office of Emergency Services (INFR, HOUS, ECON, GOVT) • Conduct periodic tests of the emergency sirens and BEARS emergency warning systems (GOVT c-15) • Continue to maintain the emergency operations center (GOVT c-10) Incorporation into Existing Planning Mechanisms The Town of Tiburon has several planning mechanisms which this annex can be incorporated into, which include: • Capital Improvement Plan • Tiburon Peninsula Emergency Operations Plan • Municipal Code (i.e. Building Code/Regulations) • Zoning Ordinance • General Plan 2010 Local Hazard Mitigation Plan 12 May 19, 2011 Town of Tiburon Annex Open Space Management Plan As these plans and ordinances are periodically updated, consideration will be given to include the annex as part of their update, as these are commonly refen-ed to in the mitigation strategies as implementation measures. In addition, the Town enforces the requirements of the California Envirorimental Quality Act (CEQA), which requires mitigation for identified natural hazards. The Town has used these pre- existing prog-rams as a basis for identifying gaps that may lead to disaster vulnerabilities in order to work on ways to address these risks through mitigation. Plan Update Process As required by the Disaster Mitigation Act of 2000, the Town of Tiburon will update this plan annex at least once every five years by participating in a multi-agency effort with ABAG and other agencies to develop a multi jurisdictional plan. The Town of Tiburon will ensure that monitoring of this Anulex will occur. The plan will be monitored on an on-going basis by both the Community Development Department (i.e. Planning and Building) and the Emergency Services Coordinator. Major disasters affecting the Town, legal changes, notices from ABAG as the lead agency in this process, and other- triggers will be used as part of the monitoring process. The Annex will also be a discussion item on the agenda of the meeting of Department heads at least once a year in April. At that meeting, the department heads will focus on evaluating the Annex in light of technological and political changes during the past year, or other significant events. The Department leaders will be responsible for determining if the plan should be updated. The Town is committed to reviewing and updating this plan annex at least once every five years, as required by the Disaster Mitigation Act of 2000. The Community Development Department and/or the Emergency Services Coordinator will contact ABAG four years after this plan is approved to ensure that ABAG plans to undertake the plan update process. If so, the Town plans to participate in the multi jurisdictional plan. If ABAG is unwilling or unable to act as the lead agency in the inulti jurisdictional effort, other agencies will be contacted, including the County's Office of Emergency Services. Counties should then work together to identify another regional forum for developing a multi jurisdictional plan. The public will continue to be involved whenever the plan is updated and as appropriate during the monitoring and evaluation process. Prior to adoption of updates, the Town will provide the opportunity for the public to comment on the updates. A public notice will be posted prior to the meeting to announce the comment period and meeting logistics. In order to better facilitate public participation: in the next update process, Staff will consider holding a public workshop to infonn the community about hazard mitigation, discuss what the Town has in place to mitigate hazards that are a threat to the Town, and use this public forum as an opportunity to open up a discussion regarding areas of recommended improvement. 2010 Local Hazard Mitigation Plan 1 May 19, 2011 Town of Tiburon Annex Mitigation Plan Point of Contact Name: Scott Anderson Title: Director of Community Development Mailing Address: 1505 Tiburon Boulevard, Tiburon, CA 94920 Telephone: 415-435-7392 Email: sanderson(a-~ci.tiburon.ca.us Alternate Point of Contact Name: Laurie Tyler Title: Associate Planner Mailing Address: 1505 Tiburon Boulevard, Tiburon, CA 94920 Telephone: 415-435-7397 Email: ltvl erg ci .tburon. ca.us Alternate Point of Contact Name: Laurie Gordon Title: Emergency Services Coordinator Mailing Address: 1505 Tiburon Boulevard, Tiburon, CA 94920 Telephone: 415-435-7386 Email: l cYordon(~.ci .tiburon. ca.us 2010 Local Hazard Mitigation Plan 14 May 19, 2011 Town of Tiburon Annex Exhibit A - Jurisdiction Boundary Map ?Ioi N4. r . ~ \ y I t J. 1 i I ~~~~i• a1~tl~-1~I I .Irj ! Ik_, t ^~Y 1 ' I t: it To San Rafael 4,11 i apt A /S t 'buron San Francisco Bays all '`1 .,r Richardson L Bay t ^ ; 31 ♦.ti~,,,,~1 ~ - in v i .~~u IVIA FZ. I . tit x Atncei island . 1 ✓,irl~'~. ~ .5=.1 _1^~,' 4.1 T`Sa;tt Francisco 2010 Local Hazard Iv AILYation Plan 1; May 19, 2011 Town of Tiburon Annex Exhibit B - Public Meeting Announcements TOWN OF TIBURON NOTICE. OF PLTBLI C HE,kRDNG LOCAL HAZARD A',ITMGATION PL ~N ANNEX I3 A..FT',\I-TTIGATIa~' S',rR-kTEGIES Notice is lh=by given that the Tiburou Planning Con nhission will hold a public hearing to consider Dray t Mitigation Strategies as part of the L©ca: Hazard Miti.,"anon Plan (LHhV) annex, update to the. 2010 AiAG lvlulti-Jurisdictional Local Hazard , litigation flan. TO implement the Disaster Mitigation Act of 20O0 (DM-k 2000), the Federal Emergency- ]vLmageznent Agency (PENW has required that in order to remain eligible to receive federal funding,* fox both pre-disaster and post-disaster mitigation funding, a local govern.menk t must have a l~EIN&AL approved LFaT. The Town adapted ABAG rrth LI ' IF aquae in ?Ct(~'S and is nave corrductinu. an uLidsie av pmt of Elie lur~:C.r Multi-Junsdictional LH IP. The mitigation strategics are a major compo=nt of fm LHT P update, and w-ver the following eight x-eas: infra buciure, health, housing; economy, gave=ent, education, envuonnhent aid land use, The pnbIie hearing will be held in the TQN~ Council Chambers, 1505 Tiburon Boulevard, Tiburon, California, The Planning Commission wi U meet on W ednes€iai-, November 10.2€10. The meeting wffi begin at 7:30 P.M. Th eft midgatior strategies are aN,-aila rle for public reti e~-'at the Tiburon Community Development Department, Tiburon. Tov(m Hall, 1505 Tiburon Boulevard, Tiburon, CA Office hours z rc Monday- througb i nursday.. 8.30 i to .5300 PM. Questions regarding this reviewy should be dir-: led to Laurie Tyler, .,Associate Planner; at (415) 435--' 3397. NOTICE C LrnfIT AT101C, O LEGAL. MALLENGF S Pursuant to Section 65009 of the California Croverzt nent Code; please be ~tdti-.1. that if you challenge the Town's action on Pais appli=dou im court, you may be limited to raising ornl , those issues you or -someone else raised at the public hearing described in this notice, or in. -"rotten correspond ce delivered to the To-%,n at,. the prig; to, tlhe public hcarintz, Lauri- T,T er i 0112) 5110 Associate Piannvr LEGAL NOTICE PUBLISH ONCE THE I3 ON OCTOBER 28, 2~If~ 010 Local Hazard Mitigation Plan 16 May 19, 2011 Town of Tiburon Annex F_f8 tSr= 1'»rt 1RCry K1CD`.:"d'1C lam: r±esr - s}~'''ir'..► `'rrhl/'~!$a.o:Rl,rn,us. i:~'..,.',r.,^i.• QF" q were>~esr.+',c 'W1 aNa..i,r•r ~!errva:••r:rr. ~-~aacty ~{4ndxe keilr. -:DG. Brice bomrt_;- laver a'YGsron 1 7tm_nHKldt Wc_..j TOWN of T ! BU RON H.-f b:: 7fcnS~no 1, '.,r;..... 1r- lrst f:J L• r ra e.••n t i TIEURON 70V 5 i N I(NMW~ k NOW%Est tgr Ijf Gr..Pannrs 69'3F [ Yv?~^Prn~ _ dY•W Cia yr MAPS amreu,- a~u _ ~wme:w at7 mta ::.a F.ser wwa re t.-tom y I f ~r ( ~i_ YP ~ ~•~ifaY Uel.ttt ilk Irr' „~{r' }i 1 era=a.na•uYx•~a:n•!tlssf 10,f YiDtmm 4PWw". rd Tiourar:, C-A 9,4M 404) 415.433:737 I -••m a s-•w c V RZ s (new ti j.. ~~!fHlr1 CWOhTfA 16Ey1 Vsre. GDa•:'i:»mpLrt. ~t 7 a:. r+Wtl7Jse kl~tirab+r#r fie i L= ~ r._ v', - - LHMP DRAF3'MMGATTO:4 S'T72AlTEGTES...~,,rt r~ c JPC ?~9F1 7 t x 7y f ~ DRAFT OPMt SPACE REROURCE PLAN L- C ~ ~.1 A(_ ) iJ J[ f r f r fj REd:OtERCE PLAN ['tITtAS RYItDY..:aa.^ mnrr !Vn1 . c'r DRAFT SMOKING OROI14ANCE UODATE,- roa- r„m (Pr-F DELVED[RE-TIBURONFLIBRARY EXIDANG►Otd Elk...-gm mew ! K = t . ^ r h V1 m f T^ ) , / I fJCn9. [[nr t.+: r: n±cr rns; nvcntb.c horn +,nH •„rr~ ~i - btwrt t~rlrtrTi-Mvaettfk.lgtk ~Tswrts(776trran~ Ttt,. ,~1N -~tYTam'la'Titarront«rr¢z:, 2010 Local Hazard Mitigation Plan 17 Town of Tiburon Annex May 19, ?011 Exhibit C - Tiburon Mitigation Strategies [Available on LHMP CD or online at http :ii~,A,m,,A-. abaa. ca. sroy /lbavarea%cgmal-)s/miti 2ation!strateQ~~~.htm] ] 2010 Local Hazard Mitigation Plan 18 May 19. 2011 Town of Tiburon Annex To: From: Mayor and Members of the Town Council Community Development Department Town Council Meeting March 7, 2012 Agenda Item: C /'C' - Subject: Recommendation to Abandon and Accept in a Slightly Realigned Location a Public Pedestrian Access Easement over a Portion of the Tiburon Peninsula Club Property located at 1600 Mar West Street; Assessor Parcel Numbers 58-171-17 and 58-171-76 Reviewed Bv: BACKGROUND In 2007, the Town accepted an easement from the Tiburon Peninsula Club (TPC) for purposes of formalizing and re-establishing a pedestrian trail that would connect Teather Park to the TPC. Subsequently-performed survey work has indicated that minor realignment of the originally- described easement would provide a more easily traversable path location. The TPC has agreed to amend the grant in order to allow for the minor realignment to the path location. The complexity of the legal descriptions is such that abandonment of the current easement alignment and acceptance of a new and slightly realigned easement is the simplest and preferred course of action. The Town Attorney has reviewed the documents and found them acceptable. FINANCIAL IMPACT Staff foresees no financial impact to the Town from acceptance of this minor easement realignment. RECOMMENDATION Staff recommends that the Town Council move to adopt the Resolutions as part of the Consent Calendar. EXHIBITS 1. Draft Resolution of Abandonment 2. Draft Resolution of Acceptance (with Executed Grant of Easement and Agreement attached) Prepared By: Scott Anderson, Director of Community Developm TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A SIX (6) FOOT WIDE PUBLIC ACCESS EASEMENT OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property, said Property being described in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public access easement, executed on May 29, 2007, to the Town of Tiburon for acceptance, and said easement was accepted June 6, 2007 by adoption of Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin; and WHEREAS, it has been determined through survey that realignment of the recorded easement will provide a more easily traversable pathway, and the property owner (Tiburon Peninsula Club) has consented to the realignment and offered a new grant of easement for the realignment, dated , 2012, on the condition that the original 2007 grant of easement be abandoned by the Town; and WHEREAS, the Town Council has determined that there are no other public facilities located within the easement and that the realigned easement offered by the Tiburon Peninsula Club will replace and improve upon the original 2007 easement and render it obsolete, excess, and superseded by relocation; on that basis the Town wishes to formally vacate and abandon the 2007 easement pursuant to California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8300 et seq. Tiburon Town Council Resolution No. xx-2012 --1--12012 y:s-y F1IDIT NO. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon does hereby vacate, abandon and extinguish the rights for public access purposes over that portion of the Property at 1600 Mar West Street as particularly described in attached Exhibit "B" and as graphically depicted for illustrative purposes only on attached Exhibit "C", both Exhibits being attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the Town Council directs the Town Clerk to record this Resolution and its attachments with the Office of County Recorder. From and after the date this Resolution is recorded, the easement granted in the 2007 deed shall no longer constitute a public service easement as it is to be replaced by the easement granted in 2012, as particularly described in Exhibit "D" and graphically depicted for illustrative purposes only on attached Exhibit "E", both Exhibits being attached hereto and incorporated herein, said 2012 easement to be accepted by separate Resolution of the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: ATTEST: JIM FRASER, MAYOR TOWN OF TIBURON DIANE CRANE IACOPI, TOWN CLERK Exhibit "A": Legal Description of 1600 Mar West Street Property Exhibit "B": Legal Description of Easement Being Abandoned Exhibit "C": Illustrative Graphic of Easement Being Abandoned Exhibit "D": Legal Description of Replacement Easement to be Accepted by Separate Resolution Exhibit "E": Illustrative Graphic of Replacement Easement to be Accepted by Separate Resolution Tiburon Town Council Resolution No. xx-2012 --1--12012 Exhibit "A" All that certain real property situate in the Town of Tiburon, County of Marin, described as follows: Beginning at the Northeasterly corner of the parcel. of land described in the Deed to the San Francisco and San Rafael. Rail road Company, recorded September 7, 1892 in Book 21 of Deeds at Page 221, Marin County Records; thence running along the Northerly" line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed. to the. San Francisco and San Rafael Railroad Company recorded July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly along said last mentioned line to the intersection thereof with the Southeasterly line of the parcel of land described in the Deed to' County of Marin recorded January .2, 1966 in Book 2016 of official Record at Page 133, Marin County. Records; thence Northeasterly along `the Southeasterly line to the. intersection thereof with the Southeasterly line of Mar West Street; thence along said line of Mar West Street Northeasterly, Easterly; Southeasterly, Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract" of the aforementioned Deed to the San Francisco and San Rafael Railroad Company, recorded July 22, 1886 in Book 3 of Deed at Page 487, Marin County Records; thence along said Northerly line, Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed to.The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book 21 'of Deed -at Page 221, Marin County Records; thence along said Easterly line, North 18° 51'40" West 117.46 feet, North . 11 ° 23 20" East 99.00 feet and North 371 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8, 1985 as Instrument No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town of Tiburon, County. of Marin, described as follows: Beginning at a 3/4" iron pipe survey monument located at the Northerly corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly corner of.a 7,835 acre parcel described in,Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginning along the Northerly property line of said Lot 10, North 89" 3640" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 46° 29' 17" East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property line, North 370 38'20" East, 124.74 feet to the point of beginning. 1 t1C . M I CONSULTING, Inc. Surveying • Geographic Information Systems G.P.S. May 8, 2007 Job No.: 2877-03 DESCRIPTION OF EASEMENT All that certain property situate in the Town of Tiburon, County of Marin, and being a portion of the Lands of the Southern Marin Recreation Center, more particularly described as follows: A 6' wide easement, lying easterly of the following described line: BEGINNING at the most northerly corner of Lot 8 as said lot is shown on that certain map entitled "Point Tiburon" filed for record on February 16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County; thence North 08°49'09" West, '.a distance of 114.00 feet; thence North 30132'35" East, a distance of 138.49 feet; thence North 41 °11'14" East, a distance of 93.32 feet; thence North 06°20'37" East, a distance of 267.03 feet; thence North 54°36'59" West, a distance of 50.78 feet to the beginning of a non-tangent curve to the left, from which point a radial fuze bears South 67°20'59" West, thence along said curve having a radius of 259.00 feet, through a central angle of 14°54'53", an arc length of 67.42 feet; thence North 37°33'53" West, a distance of 80.17 feet; thence North 22°33'02" West, a distance of 25.58 feet, more or less, to a point on the westerly boundary line of Mar West Street, the easterly sideline of said easement being elongated or shortened to said Lot 8 and Mar West Street. A plat showing the above description is attached hereto and made part hereof. This description was prepared by me or under my direct supervision. ~5~° ter.., LA /VD JACK M. SMITH n~' 20a ack M. Smith, P 7539 ated Expires: 12/31/ No. 7539 p. 12-31-07 Exp. OF C Page 1 of 1 EXHIBIT "B" EXHIBIT 66C„ _MATCH LINE MATCH LINE N89'36'40"W ~j PORTION LOT 10 19 MAPS 4 CO r LANDS OF SOUTHERN MARIN RECREATION CENTER Q. o PORTION LOT 10 19 MAPS 4 o Ory v n CV Z 0 6' WIDE OR EASEMENT Cp. o c.~, co I .P . POINT OF BEGINNING 150' LOT 9 19 MAPS 4 LOT 8 19 MAPS 4 MUIR CONSULTING, INC. Subject-EA ---ME I 460 N. YOSEMITE AVE., SUITE #9 Job No. 2877-03 OAKDALE, CA 95361 Inc. (209) 845-8630 FAX (209) 845-8639 By JMS Date 05108/07 Chkd. www.muirconsulting.com Scale 1"=50' Sheet 1 of 2 9 2 a01 CP. OtJ a ~ s 1 "=50' ti 1 s 0 0< 01 ~3 \ Nsg~3s. LANDS OF SOUTHERN MARIN RECREATION CENTER 6' WIDE EASEMENT 0 to N W r O N cp O Z _MATCH LINE_ MATCH LINE t..inn (209) 845-8630 FAY (209) 845-8639 Subject EASEMENT Job No. 2877-U~ By JMS Date 05/08/07 Chkd. Scale 1"=50' Sheet 2 of 2 MUIR CONSULTING, INC. 460 N. YOSEMITE AVE., SUITE #9 OAKDALE, CA 95361 m www,muirconsulting.com Exhibit "D" Legal Description Six-foot Wide Path Easement ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a strip of land six-feet (6') in width designated as a pedestrian Path Easement lying in, over, across and through portions of two parcels of land owned by the Southern Marin Recreation Center, Inc., said parcels being situated between the right-of- way of Mar West Street on the north and east and on the west and south by Lots 8 and 10 as said lots are shown on that certain Condominium Map entitled Point Tiburon, as said map was filed for record February 16, 1984 in Volume 19 of Maps at Page 4, Records of said County, said six-foot path easement being three (3) feet on both sides of the following described centerline: Commencing at the most northerly corner of said Lot 8, Map of Point Tiburon, said Point of Commencement being at a point of non-tangent intersection with a circular curve that defines the northeasterly line of said Lot 8; thence, 6.53 feet along the Arc of said curve to the right, having a Radius of 1960.10 feet, a Central Angle of 0° 11'28" and a Long Chord which bears, South 64° 37'59" East, 6.53 feet to the centerline Point of Beginning for the six-foot wide Path Easement herein described; thence departing said north line of Lot 8 and following along the centerline of said Path Easement the following sixteen (16) courses and distances: 1.) North 0° 16'32" East, 33.17 feet; thence, 2.) North 12° 16'26" West, 25.52 feet; thence, 3.) North 39° 06' 43" East, 11.19 feet; thence, 4.) North 09° 35'07" East, 42.45 feet; thence, 5.) North 02° 41'53" West, 63.24 feet; thence, 6.) North 36° 08'56" East, 31.60 feet; thence, 7.) North 44° 24'13 " East, 40.57 feet; thence, 8.) North 40° 47'25" East, 27.57 feet; thence, 9.) North 26° 11' 00" East, 17.06 feet; thence., 10.) North 42° 51'17" East, 47.27 feet; thence, 11.) North 06° 20'37" East, 12.31 feet to the northerly line of the said Southern Marin Recreation Center, Inc. parcel and having the Marin County Assessor's Parcel Number 058-171-17; thence continuing, 12.) North 06° 20'.37" East, 264.02 feet; thence, 13.) North 54° 36'59" West, 51.69 feet to a point of non-tangent intersection with a circular curve; thence, 14.) 67.34 feet along the Arc of said circular curve to the left, having a Radius of 262.00 feet, a Central Angel of 14° 43' 35" and a Long Chord which bears, North 30° 12'07" West, 67.15 feet; thence, 15.) North 37° 33' 53" West, 79.77 feet; thence, 16.) North 22° 33' 02" West, 12.61 feet to the Point of Terminus for the herein described Path Easement, said point also being on the northerly line of the said Southern Marin Recreation Parcel having the Marin County Assessor's Parcel Number 058-171- 76, and the southerly right-of-way line of said Mar West Street. The sidelines of this easement being lengthened or shortened to terminate at the parcel lines. End of Description MATCH LINE rzozcoq SOUTHERN MAR1N RECREATION CENTER INC. N 058-171-76 N 89'36'40" W TIBURON PENINSULA CLUB PTN. LOT 10(19 M4) h ~~ryo N 40', TOWN OF TIBURON PTN. LOT 10 (19 M 4) 0 0 of rn 3 o N Z. n 0 N 03 N ~ W U' N 09'35' 07"E 42.45' N39'06'43"E R=1960.10' L=6.53' 11.19' 0.=00'1128„ CHORD: N12.16'26"W S54'37'59"E rn, 25.52' 6.53' LOT 9 (19 M 4) RESIDENTIAL 12.31 Z6'1 1 '00"E 17.06' 7'25"E 27.57' 4`2 4F~'~ N 36'08' 56"E~ 31.60' K.1POINT OF BEGINNING 0' 0 7 POINT OF COMMENCEMENT ~'~'6p TOWN OF TIBURON LOT 8 (19 M 4) CENTERLINE OF 6' WIDE PATH EASEMENT N SCALE: I" = 50' 50 25 0 50 Land Services Inc. MAR WEST PATH EASEMENT K L(925~7734-67818 IET RIVER EXHIBIT VE (p. 1 of 2) Santa Rita Road, Suite 9 MAR WEST STREET Pleasanton, CA 94566 TOWN OF TIBURON MARIN COUNTY CALIFORNIA Phone 925) 734-6732 max TBRN1103 DRN. BY: MAS CHK. 8Y: KMM DATE: 11 /2/11 RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN EASEMENT FOR PUBLIC RECREATIONAL ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public recreational access easement, executed on May 29, 2007, to the Town of Tiburon for acceptance, and said easement ("2007 Easement") was accepted June 6, 2007 by adoption of Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin; and WHEREAS, it has been determined through survey that realignment of the recorded easement will provide a more easily traversable pathway, and the property owner (Tiburon Peninsula Club) has consented to the realignment and offered a new grant of easement ("Grant of Easement and Agreement") for the realignment, dated , 2012, on the condition that the 2007 Easement be abandoned by the Town; and WHEREAS, the Town Council has by separate Resolution abandoned the 2007 Easement. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts the grant of easement, authorizes the Town Manager to execute the Grant of Easement and Agreement, and directs the Town Clerk to record it with the Office of the Marin County Recorder together with a certified copy of this Resolution. Tiburon Town Council Resolution No.xx-2012 --1--12012 ~ 7- T T D r" NO 41 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012 by the following vote: AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No.xx-2012 --1--12012 Recording Requested by: Diane Crane Iacopi Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 No fee; this document is for the benefit of the Town of Tiburon GRANT OF EASEMENT AND AGREEMENT This Agreement is dated re. rvA~ 9 , 2012, and is by and between the Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), and the Town of Tiburon, a municipal corporation ("Grantee.") Recitals 1. Grantor is the owner of real property situated in the Town of Tiburon, Marin County, California, said real property being described in attached Exhibit "A" ("Servient Tenement"). 2. Grantee is the owner of certain real property immediately adjoining Grantors' property, commonly known as Teather Park/Beach Road Tennis Court Lot ("Dominant Tenement"). The Dominant Tenement is more particularly described in Exhibit "B". 3. In February 2005 the Town of Tiburon Planning Commission approved a conditional use permit authorizing the expansion and renovation of improvements on the Servient Tenement, subject to the oondition that the Grantor conveys an easement for public access purposes across a portion of the Servient Tenement. The Grantor offered the grant of public access easement the Grantee and said easement was accepted June 6, 2007 by adoption of Town Council Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin. 4. Grantee's staff has determined realignment of the recorded easement would provide a more easily traversable pathway. Grantor has agreement to convey a new six (6) foot wide easement to accommodate the realignment on the condition that the Grantee abandons the original 2007 grant of easement. Grantee has agreed to abandon the 2007 easement. NOW, THEREFORE, the parties agree as follows: 1. Grant: For valuable consideration, Grantor hereby grant to Grantee an easement as hereinafter-described ("Easement"). 2. Description and Use of Easement: The Easement is for the purpose of a pedestrian recreational trail ("Trail") connecting Mar West Street, a public street, to the Dominant Tenement across the Servient Tenement. 3. Location: The location of the Easement is graphically depicted on Exhibit "C" and described on Exhibit "D". 4. Character of Easement; Grantor's responsibilities: The Easement shall be appurtenant to the Dominant Tenement. Notwithstanding the foregoing, the Grantor shall not be responsible for maintaining the Trail. Upon request by Grantor and with reasonable notice, Grantee will provide Grantor access through and over the easement when necessary for repairs and/or maintenance of facilities, including but not limited to tennis courts and drainage facilities. 5. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and replacement of the Trail, including, without limitation, the right to go upon Grantor's property with necessary equipment to enhance, maintain and repair the Trail. 6. Indemnification: Grantee shall hold harmless, indemnify and defend Grantors from any claim, lawsuit or liability involving the construction of the Trail or its subsequent use by the public. 7. Entire Agreement: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 8. Binding_ Effect: This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. 9. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit "A": Servient Tenement Legal Description Exhibit "B": Dominant Tenement Legal Description Exhibit "C": Easement Graphic Depiction Exhibit "D": Easement Legal Description 2 Executed on , at Tiburon, Marin County, California IN WITNESS WHEREOF, the Grantor has subscribed his name this ° gL day of 52012. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: Ken Brakebill President of the Board of Directors By. Isolde Wilson Secretary of the Board GRANTEE: TOWN OF TIBURON, a Municipal Corporation By: Margaret A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney 3 Exhibit "A" All that certain real property situate in the Town of Tiburon, County of Maria, described as follows: Beginning at the Northeasterly corner of the parcel. of land described in the Deed to the San Francisco and San Rafael Railroad Company, recorded September 7, 1892 in Book 21 of Deeds at Page 221, Marin County Records; thence running along the Northerly line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed. to the. San Francisco and San Rafael Railroad Company recorded July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly .along said last mentioned line to the intersection thereof with the Southeasterly line of the parcel of land described in the Deed to County of Marin recorded January 2, 1966 in Book 2016 of Officiai Record at Page 133, Marin County. Records; thence Northeasterly alohg "the Southeasterly line to the. intersection thereof with the Southeasterly line of Mar West Street; thence along said line of Mar West Street Northeasterly, Easterly;. Southeasterly, Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract" of the aforementioned Deed to the San Francisco and San Rafael Railroad Company, recorded July 22, 1886 in Book 3 of Deed at Page 487, Marin County Records;-thence along said Northerly line., Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed to.The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book 21 -of Deed -at Page 221, Marin County Records; thence along said Easterly line, North 180 51'40" West 117.46 feet, North. 11' 23' 20" East 99.00 feet and North 371 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8, 1985 as Instrument No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town of Tiburon, County. of Marin, described as follows: Beginning at a 3/4" iron pipe survey monument located at the Northerly.corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly corner of.a 7.835 acre parcel described in,Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginning along the Northerly property line of said Lot 10, North 89° 36' 40" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 460 29' 17" East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property line, North 3711 38'20" East, 124.74 feet to the point of beginning. Exhibit "B" ALL THAT CERTAIN real property situate in the Town of Tiburon, County of Marin, State of California, described below as follows: Lot 8, as shown on that certain map entitled "Point Tiburon", filed for record on February 16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County, California. MATCH LINE SOUTHERN MARIN RECREATION CENTER INC. N FZOZCDIJJ 058-171-76 N 89'36' 40"W 12.31' G' TIBURON PENINSULA CLUB plc, 4`~ PTN. LOT 10 (19 M 4) N26'11'00"E 0 17.06' N40'47'25"E ~~i ~ 27.57' 1b 'k, TOWN OF TIBURON >xt` PTN. LOT 10 (19 M 4) OJ' o° 5 M, N 36'08' 56"E 3 31.60' 0 N z O N W CENTERLINE OF Li 6' WIDE PATH EASEMENT N 09'35' 07"E (p. 42..45' R=1960.10' L=6.53' N39-06'43"E 11.19' 4=00'1 N12'16'26"W CHORD: S64'37'59"E rn, 25.52' 6.53' SCALE: 1" = 50' NOO'16'32"E 50 25 0 50 33.17' POINT OF LOT 9 (19 M 4) R\~9 BEGINNING 6 RESIDENTIAL -70, POINT OF COMMENCEMENT 60. TOWN OF TIBURON LOT 8 (19 M 4) ~JIE'T RIVER h Exhibit "C" (p. 1 of 2) and Services Inc. MAR WEST PATH EASEMENT 2340 Santa Rita Road, Suite 9 MAR WEST STREET Pleasanton, CA 94566 TOWN OF TIBURON MARIN COUNTY CALIFORNIA 25)`734-6786 Phone 925) 734-6732 Fax TBRN1103 DRN. BY: MAS CHK. BY: KMM DATE: 11/2/11 -X22 Exhibit "D" Legal Description Six-foot Wide Path Easement ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a strip of land six-feet (6') in width designated as a pedestrian Path Easement lying in, over, across and through portions of two parcels of land owned by the Southern Marin Recreation Center, Inc., said parcels being situated between the right-of- way of Mar West Street on the north and east and on the west and south by Lots 8 and 10 as said lots are shown on that certain Condominium Map entitled Point Tiburon, as said map was filed for record February 16, 1984 in Volume 19 of Maps at Page 4, Records of said County, said six-foot path easement being three (3) feet on both sides of the following described centerline: Commencing at the most northerly corner of said Lot 8, Map of Point Tiburon, said Point of Commencement being at a point of non-tangent intersection with a circular curve that defines the northeasterly line of said Lot 8; thence, 6.53 feet along the Arc of.said curve to the right, having a Radius of 1960.10 feet, a Central Angle of 0° 11'28" and a Long Chord which bears, South 64' 37'59" East, 6.53 feet to the centerline Point of Beginning for the six-foot wide Path Easement herein described; thence departing said north line of Lot 8 and following along the centerline of said Path Easement the following sixteen (16) courses and distances: 1.) North 0° 16'32" East, 33.17 feet; thence, 2.) North 12° 16'26" West, 25.52 feet; thence, 3.) North 39° 06' 43" East, 11.19 feet; thence, 4.) North 09° 35'07" East, 42.45 feet; thence, 5.) North 02° 41'53" West, 63.24 feet; thence, 6.). North 36' 08'56" East, 31.60 feet; thence, 7.) North 44° 24'13 " East, 40.57 feet; thence, 8.) North 40' 47'25" East, 27.57 feet; tlience, 9.) North 26° 11' 00" East, 17.06 feet; thence, 10.) North 42° 51'17" East, 47.27 feet; thence, 11.) North 06° 20'37" East, 12.31 feet to the northerly line of the said Southern Marin Recreation Center, Inc. parcel and having the Marin County Assessor's Parcel Number 058-171-17; thence continuing, 12.) North 06' 20'37" East, 264.02 feet; thence, 13.) North 54° 36'59" West, 51.69 feet to a point of non-tangent intersection with a circular curve; thence, 14.) 67.34 feet along the Are of said circular curve to the left, having a Radius of 262.00 feet, a Central Angel of 14' 43' 3 5" and a Long Chord which bears, North 30' 12'07" West, 67.15 feet; thence, 15.) North 37' 33' 53" West, 79.77 feet; thence, 16.) North 22° 33' 02" West, 12.61 feet to the Point of Terminus for the herein described Path Easement, said point also being on the northerly line of the said Southern Marin Recreation Parcel having the Marin County Assessor's Parcel Number 058-171- 76, and the southerly right-of-way line of said Mar West Street. The sidelines of this easement being lengthened or shortened to terminate at the parcel lines. End of Description To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting March 7,201') Agenda Item: cc~-X Subject: Recommendation to Approve Extension of the Memorandum of Understanding with the Martha Company Reviewed By: BACKGROUND AND ANALYSIS OF THE AMENDMENT On November 12, 2009, the Town and the Martha Company entered into a Memorandum of Understanding to settle the Martha Company's lawsuit challenging the Town's ordinance prezoning the Martha Company's property ("MOU"). The MOU established a process to develop a 32-unit project on the site. The MOU contemplated that the Martha Company and the County would enter into a development agreement that substantially conformed to Exhibit 1 to the Agreement; both parties agreed to support the 32-unit project under certain specified conditions. The MOU originally provided that it would terminate unless the Martha Company and the County had executed the development agreement for the 32-unit density project on or before June 30, 2010. This assumed an aggressive processing timeline. However, the application process fell behind almost immediately. In March of 2010, the parties agreed to extend the deadline to June 30, 2011; in June of 2011, we agreed to a second extension to June of 2012. The project has continued to move through County's planning process. The County released the draft environmental impact report in March of 2011, but has not yet completed the response to comment document. Given the highly complex nature of the project, no one appears to have a firm estimate as to when processing will be completed. Accordingly, the Martha Company has requested a third amendment to the MOU, extending the deadline to December 31, 2013. STAFF RECOMMENDATION Staff recommends that the Town Council approve the requested amendment to the November 12, 2009 MOU and authorize the Town Manager to sign the amendment on behalf of the Town. Exhibits: Draft Amendment Prepared By: Ann R. Danforth, Town Attorney TOWN OF TiBURON PAGE 1 OF 1 AMENDMENT #3 TO MEMORANDUM OF UNDERSTANDING The Memorandum of Understanding entered into the 12th day of November, 2009, by and between the Town of Tiburon and Martha Co., as amended on March 22, 2010, and June 9, 2011, is hereby amended as follows: • The termination date shown in Paragraph 10 is changed from June 30, 2012, to December 31, 2013. IN WITNESS WHEREOF, the parties hereto have executed this Amendment # 3 to the Memorandum of Understanding as of the date written below and have initialed the hand-written changes on the attached Exhibit A. Date: TOWN OF TIBURON By: Margaret A. Curran Town Manager Approved as to Form: BY: Ann Danforth, Town Attorney Date: MARTHA COMPANY, a California corporation By: Mark E. Reed Secretary Approved as to Form: Hanson Bridgett LLP By: Mary K. McEachron, Esq. 4121507.1 To: From: Subject: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Director of Public Works/Town Engineer Town Manager Town Council Meeting March 7, 2012 Agenda Item: ~ T,~. Request for Council Consideration of Award of Bid for the Proposed Facility for Belvedere Tiburon Joint Recreation (BTJR) Programs and Staff Offices at 600 Ned's Way, and Direction to Staff Reviewed By: BACKGROUND The Belvedere Tiburon Joint Recreation Committee was formed by the Town of Tiburon and City of Belvedere in 1975 through a Joint Powers Agreement (JPA), a collaboration for the benefit of the peninsula that by all accounts has been a productive one. The Committee oversees a staff which conducts programming at several locations throughout Belvedere and Tiburon in Town, City and School facilities, as well as on Angel Island. The staff and programming are referred to herein as Belvedere Tiburon Joint Recreation (BTJR). One of the services provided by BTJR is the after-school enrichment program, which has been housed for many years at the Reed Elementary School and from which nearly all of the program's children are drawn. In early 2010, due to increasing enrollment, School officials informed BTJR that the after-school program was not sustainable at the Reed Elementary School grounds. After receiving word of the pending displacement, BTJR, the Town of Tiburon and City of Belvedere searched for suitable replacement locations. The two-acre Town-owned Ned's Way site, located upslope from the Chandlers Gate senior housing project and across Ned's Way from the Hilarita Apartments, was identified as the most promising site within walking distance of the School. As the concept of relocating the after-school program site took shape, it grew to encompass a broader vision. The project was originally conceptualized as a temporary trailer or very small modular on the site, but it soon became evident these could not easily be located on the site due to its slope and soils and that substantial site work would be required to make that possible, as well as to add necessary parking and accessibility features. Fairly soon the vision grew to the current concept of a space for recreational programming for a wide array of user groups and purposes and the relocation of the BTJR staff offices to enable their management of the new space. Relocating N BTJR, currently housed in Town Hall, also offered the side benefit of freeing up this space for other purposes. The Town Council gave an initial go-ahead to Town staff to develop the idea and appointed Councilmembers Fraser and O'Donnell to a Ned's Way Committee. Former Councilmember Miles Berger graciously agreed to provide conceptual design services on a pro-bono basis. A meeting was held with neighbors to review concepts and get feedback on potential problems and issues, all of which were addressed in the ultimate design. On May 19, 2010, the Town Council gave direction to staff to move forward with the project and to employ streamlined development review procedures. On July 21, 2010, Council adopted an ordinance establishing the streamlining procedure and exempting it from certain Town regulations. Staff provided a detailed report to the Town Council on October 6, 2010, explaining the status of the project and the basis for its escalating cost due to the increased scope of the project and site challenges. The cost was estimated at that point in time to be $950,000, although the report noted this amount could rise and that the real price would not be known until the project was bid. Council directed staff to continue to pursue the project; it also approved an agreement with the City of Belvedere providing for yearly contribution of $30,000 with an annual CPI adjustment capped at 4%, to the Town to help defray the capital expense of the project. The agreement is attached as Exhibit A. On February 16, 2011, Council held a public hearing, reviewed the draft environmental negative declaration and project merits, and adopted a resolution adopting the mitigated negative declaration, approving the site plan and architectural drawings for the project, and adopting a Mitigation Monitoring Program. On March 9, 2011, Council authorized staff to proceed to fine tune and bid the project. The project was advertised beginning May 2, 2011, and bid opening was held on May 26, 2011. On bid opening day, only one bid was received with a bid of $2.22 million dollars ($1,450,000 for the modular building and $774,000 for the site work). Bids do not include contingency funding or other direct Town costs such as bringing utilities to the site, environmental work, design fees, construction management and so forth; the total project cost at that time would likely have reached $2.98 million. The Ned's Way Committee, staff and architect Berger determined that the poor response was at least due in part to a lack of specificity in the bid documents necessary to make them attractive to potential modular building manufacturers. On June 15, 2011, Council rejected the bid for the project and authorized staff to engage a modular building system consultant to revise construction specifications to better clarify the building component needs and apply the lessons learned from the previous bid process. Council authorized staff to re-bid the project when ready. The project was re-bid on September 22, 2011. The project was posted and widely advertised. A pre-bid meeting with interested contractors was held on October 6, 2011. Ten contractors attended the meeting and had many questions for staff, signaling a genuine interest in the project. Over 30 bid packages were requested by general contractors and sub-contractors. While staff and its modular building consultant revised as much material that was reasonably possible within a limited timeframe and without redesigning the entire project, the contractors' questions generated more revisions and three addendums were issued during the bid process, lengthening it considerably. Most of the questions sought clarifications on how the modular building was to be built and outfitted. Six bids were received on November 14, 20111 in contrast to the one that was received during the original bid advertisement. The bids ranged from $1.68 million to $2.20 million, comparing favorably to the lone bidder during the first round of bidding at $2.22 million. Our objective of attracting a greater amount of competitive bids was successfully met, but the lowest bidder's price was still above the Town's construction estimate of $1.47 million. The apparent low bidder is Ghilotti Construction (GC) at $1.68 million, who proposes to provide a conventionally built structure rather than providing a modular one. GC is a qualified contractor with a valid Contractor's License, and is responsive to the contract specifications with reasonable references. The company has satisfactorily worked for the Town in the past and is a reputable contractor in the Bay Area. Unless the project is substantially redesigned and redrawn, there is no indication that different results would be obtained if this second round of bids were rejected and the project re-advertised a third time. USE AGREEMENT Tenancy by a third party in a Town-owned building requires a Use Agreement or lease for the space. This agreement was developed and is attached as Exhibit B. It sets forth the responsibilities of the parties, and is designed to protect the Town's prerogatives as the owner of the building. The Use Agreement was reviewed by the Belvedere City Manager and BTJR. Its principle elements are: ■ Lease automatically rolls over every year unless notice is given by the Town ■ Town retains the right to reclaim all or a portion of the building upon one year notice ■ Town may reclaim the building without notice in the event of an emergency ■ Town is responsible for major building systems ■ Town is responsible for landscape maintenance ■ Town retains the right to name the building, and approve all exterior signage ■ BTJR is responsible for operating expenses (utilities, janitorial, minor repair, etc.) ■ No rent is due for the first five years, but rent could be charged after that point upon one year's notice; a below-market starting rent is included in the agreement, but in reality rent would be negotiated at that time depending upon the financial circumstances of BTJR The Use Agreement contemplates that BTJR will likely have difficulty absorbing the costs of operating the building for the first two years. BTJR benefits from in-kind support at its present location in Town Hall where they do not pay utilities, janitorial, technology-related expenses such as internet connection and so forth (they do pay their own telephone bill), so these would become new expenses in their budget. The working assumption is that BTJR will be able to absorb these expenses over time as they program the new space, but that they will need assistance in the meantime. These expenses are projected to be approximately $60,000 per year. Belvedere has t I a 1 --r agreed to share this expense with the Town at the usual sharing rate of 25% Town / 75% City. Thus the Town may need to contribute approximately $45,000 per year for two years for operational support. This number could drop if BTJR is able to absorb some of this cost or if Belvedere is willing to pick up more than its customary 25% in recognition of the Town's extraordinary expense on the building itself, but that is unknown at this time. DISCUSSION This project has evolved over the past two years, most notably growing considerably in size. It started out as a classroom replacement, possibly in a mobile building, to a more substantial facility that includes BTJR offices and 3,650 square feet of program and support space (a total of 4,800 square feet) and accommodation for 22 cars. The cost has grown as well: the total cost, including previously spent funds on environmental, engineer, soils work, etc, the bid and additional anticipated costs of construction management, utility service and contingency is now $2,390,000. While the second round of bidding did result in a price reduction over the first bid, it also made it abundantly clear that this is a very expensive site to develop due to its soils, slope and lack of utilities. Now that the Town has been through the concept development and bidding stages of this project and knows the cost of construction, the high price tag gives rise to the question of whether it remains a wise use of limited resources. There is obviously some price point at which the project should no longer be pursued; has it been reached? In addition to the cost, some other changes have occurred in the time it has taken to develop and twice-bid this project. The School is under a new administration (new Superintendent and Reed Principal) which appears to be more willing than its predecessor to accommodate the BTJR programs despite overall crowding. Also, the Town has been repeatedly unsuccessful in its efforts to negotiate a direct pedestrian access to the site from the School over either of the two private properties that separate them. Finally, consideration must be given to the likelihood that, at this expense, the project will almost certainly be the only "community center" for years to come, something that was not necessarily true at a lower cost. While the site is excellent for its proximity to Reed School (although less so without a shortcut pedestrian pathway), it is a sub- optimal location for a community center, which would be better sited in the downtown or in a more visible and easily accessed location for a wide variety of users. A list of pros and cons follows. Reasons to Proceed with the Project 1. Expands recreational programming potential for the peninsula 2. Only site within walking distance of Reed School found to be viable for a recreation building (at least to date) 3. Creates permanent new home for BTJR staff 4. Frees up approximately 1,000 square feet in Town Hall for other purposes 5. Eliminates need for storage container behind Town Hall, which frees up three parking spaces 6. Community support exists for this site, but might not for other locations f7 7. $153,000 has already been spent on unrecoverable costs for environmental work, engineering, etc. 8. Momentum - this project is ready to go, whereas identification and development of any other site for this or a similar purpose will take time Reasons to Abandon the Project 1. Substantial expense - total cost of the building (including parking) at $2,390,000 is $498 per square foot for a simple structure with basic finishes 2. Site has proven to be particularly difficult and expensive to develop (site work is more than half of total project expense) 3. Other than proximity to Reed School, the location is sub-optimal for general community programming purposes (a downtown, or other more central site would be preferable) 4. Shortcut access via the "back route" has been denied by the owners whose property would need to be traversed, rendering the site effectively further from Reed School (proximity to the School was the driving force for consideration of this site in the first place) 5. Current School administration is more willing to work with BUR to find space solutions than in the past 6. If not built, the funds could go to another recreational building or community center in a preferable location if one can be identified or secured 7. At $2,390,000 cost, building effectively delays for many years, if not precludes altogether, consideration of a larger or more centrally located community center 8. Ned's Way site could be sold and proceeds contributed to similarly-purposed building at another site Of course, Council may have its own reasons pro or con not reflected on the list above. Staff believes the project, if built, will be a lasting asset for the peninsula and has faith that BUR will put it to good use for the community. However, the Town must also consider whether the now very substantial cost constitutes an excessive investment in this location which is both difficult to develop and not well located if it is to be the main recreational programming space for the community for years to come. Staff recognizes that this may be a difficult decision for the Town Council. If the Council wishes to proceed, the steps to do so are set forth below under recommendations, and Staff will proceed apace to get it built. If Council determines the high cost or other changing factors have rendered this an imprudent choice, staff recommends consideration be given to putting $2,000,000 (or whatever sum the Town Council thinks appropriate) into a discretionary set-aside reserve for a future community center in a more central location. Staff also recommends, if this project does not proceed, that it redouble its efforts with the present School administration to explore whether there are any other greatly scaled down and temporary approaches that could be made to work to house the after-school program on or near the Reed School campus. This effort has failed in the past, but might be worthy of another attempt in light of some changed circumstances. FISCAL IMPACT To date, the Town has spent approximately $153,000 on environmental analyses, surveying, design, and bid administration costs. Factoring in these present costs, the Ghilotti bid, additional Town costs (e.g. permit fees, utility installation, construction management fees) and a 15 percent contingency, the total project cost comes to $2.39 million (total project cost sheet is attached as Exhibit Q. The Town allocated $1,550,000 in this year's fiscal budget for this project. At the total project cost of $2,390,000, less the prior fiscal year expenditure of $126,000, an additional $714,000 must be appropriated to complete the project. It is anticipated that if the project is approved, it will span two fiscal years, the current one and FY 2012-2013. To proceed, it should be entirely funded in this fiscal year through a budget amendment and any unspent portion re-appropriated in next year's budget. Funding for the project would come from the Town's discretionary reserves. Upon BUR use of the building, Belvedere will commence payment of $30,000 annually, with a CPI escalator capped at 4%, to help defray the Town's capital investment. It may be necessary for the Town to subsidize BTJR's initial operating costs for the first two years; Tiburon's portion of this cost could be $45,000 per year for two years. NEXT STEPS If the project is approved by Council, the general timeline would be: • Contract documents could be executed in March. • A preconstruction meeting could be scheduled by late March or early April. • Construction drawing approval by in June. • Construction could start by mid summer. • The work could be completed by the end of the year or early in 2013. RECOMMENDATION Staff recommends that the Town Council consider whether it wishes to proceed with the project and direct staff accordingly. If so, Council is respectfully requested to: a. Move to approve the award of a construction contract for the 600 Ned's Way Facility Project to Ghilotti Construction Company, Inc. in the amount not-to- exceed $1,683,694, plus 15 percent for contingency; b. Move to amend and increase the current budget by $714,000 for the construction of this project from discretionary reserves; and E..£ t FF 0,~Vll ()(A 11C c. Authorize the Town Manager to make minor changes as appropriate, finalize and execute the Use Agreement. If not, Council is respectfully requested to: a. Move to reject all construction bids received for the 600 Ned's Way Facility Proj ect; b. Consider if it wishes to place $2,000,000 or anther sum, in a discretionary set- aside reserve for an eventual community center in a more central location; and c. Direct staff to explore, once again, whether there is any opportunity to work with the School District to develop a more permanent solution for the after-school program's space needs. EXHIBITS A. Agreement between Tiburon and Belvedere for 600 Ned's Way B. Use Agreement for 600 Ned's Way C. Project Cost Sheet Prepared by: Peggy Curran, Town Manager Nick Nguyen, Director of Public Works/Town Engineer i ) 7 FILE COPY AGREEMENT Between Town of Tiburon and City of Belvedere Regarding Ned's Way Facility, Tiburon Whereas, this Agreement is entered into by the Town of Tiburon ("Town") and the City of Belvedere ("City"), together the "Parties", on this 11th day of October, 2010, to set forth the terms and conditions for the use of offices, classrooms and related improvements anticipated to be constructed on Town property located at 600 Ned's Way in Tiburon (Facility). Whereas, Town and City created the Belvedere-Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR provides programs and services on the Tiburon Peninsula meeting the needs of the Parties; Whereas, BTJR has rented space at local Reed School District school sites, most specifically for after-school programs; Whereas, recently, space has become limited at some of the local school sites and BTJR is facing difficulty maintaining consistent and suitable space within which to operate its programs; Whereas, BTJR requires additional programmable space if it is to satisfy and expand local programming to meet the growing needs of the Tiburon Peninsula; Whereas, Town is willing to use its monetary, land and staff resources to construct a facility of approximately 4,800 square feet of building, parking for approximately 26 vehicles and an outdoor play area on Town-owned land ("Facility") for BTJR use so long as it receives the annual contribution from City, as set forth in this Agreement, and so long as Town believes this to be an appropriate use of Town resources; Whereas, the Parties enter into this Agreement with the hope and expectation that Facility will provide a long-term means of addressing the office and programmatic space needs of BTJR. Now, therefore, the Parties agree as follows: 1. PURPOSE. Nothing in this Agreement shall obligate Town to construct the Facility. However, if Town constructs Facility, Town agrees to allow Facility to be used by BTJR for office and classroom purposes subject to the terms and conditions set forth in this Agreement. 2. TERMS. This Agreement establishes a year-to-year contract between Town and City for the use of Facility by BTJR. While it is the intent of the Town to allow this use of Facility to continue indefinitely, the Town retains the right to terminate this Agreement upon one year written notice to City and BTJR. EXHIBIT NO. D'S WAY FACILITY AGREEMENT, OCTOBER 201€ PAGE 1 OF 3 3. CONTRIBUTION FROM CITY. On or before the first day that BTJR occupies the Facility ("Occupancy Date"), City shall pay an annual contribution to the Town of $30,000 ("Annual Contribution") for use of Facility by BTJR during the following year. The Annual Contribution is in consideration for BTJR's use of the classrooms and other non-office elements of the Facility. On each anniversary of the Occupancy Date during the term of this Agreement, the Annual Contribution shall be increased each year by the Consumer Price Index for San Francisco All Urban Wage Earners for the prior year provided, however, Annual Contribution shall not increase by more that 4% annually. If City fails to pay the Annual Contribution within sixty days of the said date, Town may cancel this Agreement upon three days written notice. 4. RESPONSIBILITIES OF THE PARTIES. Town shall be responsible for major building repair and maintenance, such as roof repair and replacement, structural repair, HVAC system, etc., however, nothing in this Agreement shall require the Town to repair Facility if the Town decides, in its sole discretion, that such expenditure is not an appropriate use of the Town's resources. If failure of Town to repair Facility renders Facility unhabitable, no further rental payments shall be due from City and Town shall rebate, on a pro-rata basis, rents paid for balance of year, and this Agreement shall terminate. 5. BTJR USAGE. Town shall enter into a separate agreement allowing BTJR to use Facility in accordance with direction from the BTJR Committee and which allows BTJR to retain proceeds from said activities ("Use Agreement"). The Use Agreement shall provide that (a) BTJR shall be responsible for the Facility's care and maintenance including minor Facility repairs and replacement, janitorial services, grounds maintenance and furnishings; (b) the Use Agreement shall terminate upon termination of this Agreement and (c) upon termination of the Use Agreement, BTJR shall vacate the Facility. Unless the basis for termination of the Use Agreement is due to City's failure to pay the Annual Contribution, an Act of God or other unforeseeable action, or damage to the Facility rendering it uninhabitable, Town shall provide BTJR with one year advance notice of such termination. Town shall provide City with the opportunity to, review and comment on the Use Agreement before it is executed. 6. NO THIRD PARTY BENEFICIARY. This Agreement is solely between Town and City to promote the interest of their respective residents. No other party, including, without limitation, BTJR, is a third party beneficiary of this Agreement. 7. RENTAL INCOME FROM BTJR. In the event that the Parties determine that BTJR has become capable of, and should, pay rent to the Parties for its use of the non-office portion of the Facility, said rent shall be allocated between the Parties as described in Section 8 of the JPA. 8. CONTINUATION OF JOINT POWERS AGREEMENT. This Agreement is subject to the JPA between the Parties as it exists at the time of execution or as it may be amended from time to time. Should either Town or City terminate the JPA as set forth in Section 16 of said JPA, this Agreement shall become null and void. NEWS WAY FACILITY AGREEMENT, OCTOBER 2010 PACE 2 of 3 TO OF TIBURON ichard Collins Mayor CITY OF BELVEPgR~E Jo 4Te sc hak or Dated: Dated: 1( 1 C? (0 APPROVED AS TO FORM: Ann R. Danforth, Esq. Town Attorney,,T.Qwn of Tiburon By Ro rt Eps ein City Attorney, City o Belvedere Dated: Dated: b . ATTEST: DIANE CRANE IACOPI TIBURON TOWN CLERK ATTEST: GEORG ODERICKS BELVE CITY CLERK NEWS AY FACILITY AGREEMENT, CTOBEP 2010 PAGE 3 of 3 DRAFT TOWN OF TIBURON LEASE OF 600 NEWS WAY TO THE BELVEDERE TIBURON JOINT RECREATION COMMITTEE This Agreement is entered into this first day of , 2012, by and between the TOWN OF TIBURON, a municipal corporation ("Town") and BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (`BTJR) RECITALS : 1. The Town and the City of Belvedere ("City") created the BTJR pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR provides programs and services on the Tiburon Peninsula meeting the needs of the Parties. 2. Pursuant to the JPA, the Town and City provide financial assistance for those of BTJR's expenses that are not covered by program income. 3. BTJR has offices at the Town's property at 1505 Tiburon Boulevard ("Town Hall") and locates its programs at various sites on the Tiburon peninsula. 4. BTJR requires additional office and programmable space if it is to satisfy and expand local programming to meet the growing needs of the Tiburon Peninsula. 5. Town is the owner of certain real property situated in the Town of Tiburon and located at 600 Ned's Way in Tiburon, California on which the Town is planning to construct a building of approximately 4800 square feet, adjacent parking lot and associated improvements ("Facility"). 6. On October 11, 2010, the Town and City entered into an agreement whereby the City agreed to make an annual monetary contribution to the Town if the Town created new space on Town-owned land and the Town agreed to allow BTJR to use any such facility for so long as the Town receives the annual monetary contribution from City and for so long as Town believes this to be an appropriate use of Town resources ("Contribution Agreement"). 7. Town, BTJR and City acknowledge that the relocation contemplated by this Agreement will increase BTJR's operational expenses and that BTJR may require additional financial assistance from Town and City for up to two years after BTJR takes possession of the Facility. 8. The Town and BTJR (collectively, "Parties") have entered into this Agreement to set forth the terms and conditions for the use of the Facility. 1 EXHIBIT NO. AGREEMENT: 1. Purpose. Nothing in this Agreement shall obligate Town to construct the Facility. However, if Town constructs the Facility, Town will allow BTJR to use the Facility subject to the terms and conditions set forth in this Agreement. 2. Term of Lease. The Initial Term of this Agreement shall be one (1) year from the date that the Town makes the Facility available for occupancy by BUR ("Occupancy Date"). Each one year anniversary of the Occupancy Date ("Renewal Date"), the lease shall automatically renew for an additional one-year term. Notwithstanding the foregoing, (a) on any Renewal Date, the Town may give the BUR written notice of intent not to renew on the next Renewal Date; and (b) the Town shall have the right to terminate this Agreement as set forth in Section 6 hereof. 3. Rent. A. BUR shall pay no rent for the use of the Facility during the first five years after the Occupancy Date. Thereafter, BUR will pay rent as set forth in this section beginning one year after receiving written notice from the Town Manager. B. Beginning on the first day of the first month following the one-year notice period set forth in Subsection 3.A, BUR shall pay rent of $2500 per month, i.e., approximately $.52 per gross square foot (Rent). C. The Town shall have the right to modify the Rent or other terms of this Agreement by giving BUR one year written notice of said intended modification. In making future Rent adjustments, the Town may consider, without limitation, the market rate for similar square footage, BTJR's revenues and the Town's capital and maintenance costs associated with the Facility. 4. Rights and Responsibilities of Parties: A. Town will provide BUR with 30 days prior notice of the Occupancy Date. B. The Town will have the sole right to name the Facility and each portion thereof. Without prior approval of the Town Manager, BUR will not erect any exterior or interior signage, other than informational signs regarding the Facility's components (including, without limitation, bathrooms, the kitchen and emergency exits), BUR programs and other authorized activities and uses in the Facility. C. Beginning with the Occupancy Date and continuing for the term of this Agreement, Town shall be responsible only for maintenance of the Facility's exterior landscaping and for major building repair and maintenance, such as roof repair and replacement and structural and HVAC system repairs. 2 D. Nothing in this Agreement shall require the Town to repair Facility if the Town decides, in its sole discretion, that such expenditure is not an appropriate use of the Town's resources, in which event, the Town may terminate this Agreement as provided in Section 6 hereof. E. BUR shall vacate Town Hall within 15 days of the Occupancy Date. BUR shall leave at Town Hall any and all personal property items previously provided by the Town except as otherwise expressly authorized by the Town Manager. The items so authorized are set forth in Exhibit A, which is attached hereto and incorporated herein by reference. F. Beginning on the Occupancy Date, BUR will cease receiving technology support services from the Town and will be responsible for obtaining such services. G. Except as provided in Section 6, BUR will pay for all utilities and services required for the Facility, including, without limitation, minor Facility repairs and replacement, solid waste disposal, janitorial services, utilities and all other operational expenses associated with the building. BUR will maintain the Facility in good repair. All damage or injury done to the Facility by BUR or by any person who may be in or at the Facility with the BTJR's consent or invitation or by the BTJR's failure to properly secure the Facility shall be paid for by BUR. If at any time during the term of this Agreement, BUR fails to maintain or repair the Facility as required by this Section, the Town may, but shall not be required, to perform the maintenance or make the repairs or replacements for the account of BTJR; any sums expended by Town in so doing, together with interest at ten percent (10%) per annum, shall be deemed immediately due from BUR on demand of the Town. H. Town shall have the option of using the Facility for Town programs at no charge for at least of 12 days per year, provided that such use does not conflict with .previously scheduled BUR programs. Town may allot, at its discretion, any portion of said days to other public agencies or not-for-profit organizations. 1. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the BTJR's records and accounts of income, expenditures and program activities at its own expense. BUR shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation. 5. Use of Facility; CoMpliance with Laws. BUR shall use the Facility only for offices, BUR programs and other events compatible with said uses. BUR may allow other third parties to occupy the space for short term uses only, not to exceed 48 hours in duration, provided that such use does not interfere with BTJR's normal programming. BUR shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. 6. Termination. In addition to the right of non-renewal set forth in Section 2 of this 3 Agreement, Town may terminate this Agreement, in whole or in part, as set forth in this Section. A. In the event that the Town Manager, in her sole discretion, determines that due to an emergency condition, the public interest requires the Town to take immediate possession, the Town may require BTJR to vacate all or a portion of the Facility. The Town will give BTJR such advance notice as is reasonable and practical under the particular circumstances. B. The Town Manager may determine, after consultation with the Town Council and BTJR, that a portion of the Facility is under-utilized, in which case the Town may require BTJR to vacate that portion upon three months prior written notice. C. In the event that the Town takes possession of a portion of the Facility under this Section 6, the restrooms and kitchen shall be deemed Common Areas. The Parties will share responsibilities for maintenance of Common Areas in proportion to each Party's proportional share of the non-common area in the Facility. D. Rent: In the event that the Town takes possession of the Facility under this Section, Rent shall be refunded or reduced as set forth herein. (i) In the event that the Town takes possession of the entire Facility under Subsection 6.A, Town will refund any prepaid Rent on a pro rata basis. If the Town takes possession of only a portion of the Facility under Subsection 6.A, any refund will be proportionate to the amount of the portion of the Facility as a whole exclusive of the Common Areas. (ii) In the event that the Town takes possession of a portion of the Facility under Subsection 6.B, the Rent shall be reduced in proportion to the size of the area so occupied by the Town relative to the Facility as a whole exclusive of the Common Areas. 7. Alterations; Improvements. BTJR shall not, without the Town's prior written consent, make any alterations, improvements or additions in or about the Facility except for nonstructural work that does not exceed $2,000.00 in cost. As a condition to giving any such consent, Town may require the BTJR to remove any such alterations, improvements, or additions at the expiration of the term and to restore the premises to their prior condition by giving BTJR thirty (30) days written notice prior to the expiration of this Agreement. Unless the Town requires their removal as set forth above, all alterations, improvements or additions which are made on the Facility by the BTJR shall become the property of the Town and remain upon and be surrendered with the Facility at the expiration of the term. Any damage to the Facility caused by said removal shall be repaired at BTJR's sole cost. BTJR shall give Town advance notice of the commencement of any planned alteration, so that Town, at its option, may post a Notice of Non- Responsibility to prevent potential liens against Town's Interest in the Facility. Town may also 4 require BUR to provide Town with lien releases from any contractor performing work on the Facility. 8. Relationship Between the Parties. BUR is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or contractors, including any negligent acts or omissions. BUR is not Town's agent, and shall have no authority to act on behalf of the Town, or to bind the Town to any obligation whatsoever, unless the Town provides prior written authorization to BTJR. 9. Condition of Property; Release and Indemnification; Insurance. A. BUR accepts the Facility on an "as-is" basis. BUR acknowledges that Town has made no representations or warranties regarding the condition of the Facility or its suitability for BTJR's intended use. B. BUR will indemnify, defend and hold Town harmless against any and all claims, damages and expenses (including, without limitation, attorneys fees), liabilities and judgments relating to injury to persons, loss of life or damage to property arising from the alleged active or passive negligence or willful misconduct of BUR, its agents, employees and contractors in connection with BTJR's use of the Facility. BTJR's obligations under this section shall survive the termination of this Agreement with respect to claims arising or accruing before said termination. C. BUR shall, throughout the duration of this Agreement, maintain insurance to cover Town (including its agents, representatives, contractors, and employees) in connection BTJR's use of the Facility under this Agreement. Section 9.1) of this Agreement identifies the minimum insurance levels with which BUR shall comply; however, the minimum insurance levels shall not relieve BUR of any other performance responsibilities under this Agreement (including the indemnity requirements) Concurrently with the execution of this Agreement by the BUR, and prior to the commencement of any services, the BUR shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the Town Attorney. BUR shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement. D. BUR shall maintain the following levels of insurance: i. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) coverage in an amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage. ii. Automobile Liability (with coverage at least as broad as ISO form 5 CA 00 01 07 97, for "any auto") coverage in an amount not less than $1,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation coverage as required by the State of California. E. The insurance policies shall be endorsed as follows: i. For the commercial general liability insurance, the Town (including its elected officials, employees, and agents) shall be named as insured, and the policy shall be endorsed with a form at least as broad as ISO form CG 20 10 11 85. ii. BTJR's insurance is primary to any other insurance available to the Town with respect to any claim arising out of this Agreement. Any insurance maintained by the Town shall be excess of the BTJR's insurance and shall not contribute with it. iii. BTJR's insurance will not be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the Town. F. The Town Manager shall have the authority to accept levels and forms of insurance that differ from this Section if, in consultation with the Town Attorney and the Town's Risk Manager, she determines that BTJR's proffered coverage provides the Town with protection equal to or better than the coverage specified in this Section 9 10. Damage or Destruction. If, by no fault of BUR, the Facility is totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Town shall have the right to restore the Facility by repair or rebuilding. If Town elects to repair or rebuild, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this paragraph, this Lease shall remain in full force and effect. If Town is unable to restore the Facility within this time, or if Town elects not to restore, then either Town or BUR may terminate this Lease by giving the other written notice. Any Rent otherwise owing shall be abated as of the date of damage. The abated amount shall be the current Rent, if any, prorated on a thirty (30) day basis. If this Lease is not terminated, and the damage is not repaired, the Rent shall be reduced based on the extent to which the damage interferes with BTJR's reasonable use of Facility. If damage occurs as a result of an act of BUR or BTJR's guest, only Town shall have the right of termination, and there will be no reduction in Rent. 11. Assignment and Subletting. BUR may not assign or sublet all or any portion of the Facility or its interest in this Lease without Town's prior written consent, which may be withheld by Town in its sole discretion. 12. Hazardous Materials. 6 A. Except as identified by Town in writing to BUR as known environmental conditions prior to the execution of this Lease, Town makes no representation or warranty regarding the condition of the Facility or the site thereof. B. BUR covenants and agrees that it shall not, and that it shall not permit any licensee to, treat, use, store, dispose, release, handle or otherwise manage Hazardous Materials on or around the Facility except in connection with any construction, operation, maintenance or repair of the Facility or in the ordinary course of its business, and that such conduct shall be done in compliance with all applicable federal, state and local laws. BTJR's violation of the foregoing prohibition shall constitute a material breach hereunder and BUR shall indemnify, hold harmless and defend the Town for such violation as provided below. C. BUR shall, within five (5) days of such occurrence or immediately in cases of imminent threat of injury to life or property, notify Town of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by BUR from any governmental agency pertaining to Hazardous Materials which may affect the Property. BTJR's breach of the above shall be deemed a material default under the terms of this Lease giving rise to Town's right, in its sole discretion, to terminate this Lease. D. BUR hereby agrees to hold harmless, defend and indemnify Town and its employees, members and officials from and against all liability, loss, damage, costs, penalties, fines and/or expenses (including attorney's fees and court costs) arising out of or in any way connected with (a) BTJR's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (b) the activities, acts or omissions of BUR, its employees, contractors or agents on or affecting the Facility from and after the Possession Date, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Facility whether such condition, liability, loss, damage, cost, penalty, fine and/or expense shall accrue or be discovered before or after the termination of this Lease. This indemnification supplements and in no way limits the scope of the indemnification set forth in Section 9.B. E. BUR waives, releases, acquits and forever discharges Town and its employees, members and officials or any other person acting on behalf of Town, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation (collectively "Claims") whatsoever including, but not limited to, all Claims at common law, whether direct or indirect, known or unknown, foreseen or unforeseen, 7 which BTJR has as of the Possession Date on account of or in any way growing out of or in connection with any Hazardous Materials or other conditions on, in, under, from, or affecting the Facility, or any law or regulation applicable thereto. BTJR is hereby subrogated to any and all rights possessed by Town against third parties with respect to said Claims. F. The agreements and obligations of BTJR under this Section 9 with regard to indemnification of Town shall survive the scheduled termination or sooner expiration of the Term for any reason, for five (5) years and all claims relating thereto must be delivered in writing to BTJR within such period. 13. Assignment and Delegation. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of BTJR's duties be delegated, without the written consent of the Town. Any attempt to assign or delegate this Agreement without the written consent of the Town shall be void and of no force or effect. The Town's consent to one assignment shall not be deemed to be consent to any subsequent assignment. 14. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 15. Notices. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of. (a) actual receipt by a party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party. TO: Town Attn: Town Manager Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94707 BTJR Attn: Director, Belvedere-Tiburon Joint Recreation Committee 16. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement. 8 17. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement. 18. Governing Law, Jurisdiction and Venue. The laws of the State of California shall govern the interpretation, validity, and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Marin. 19. Attorney's Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred. 20. Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 21. Conflicts. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control. 22. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the work described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. • 23. . Binding_ on Successors. This Agreement shall be binding on the heirs, legatees, devisees, adminigtrators, executors, successors and assigns of both parties. 24. No Third Party Beneficiaries. This Agreement is by and between only the Town and BUR and creates no rights in third parties. 25. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Town and BTJR. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Town and BUR do hereby agree to the full performance of the terms set forth herein. 4 APPROVED AS TO FORM: By Town Attorney APPROVED AS TO FORM: By Attorney for BTJR TOWN OF TIBURON By Town Manager BELVEDERE-TIBURON JOINT RECREATION COMMITTEE By Chair, BTJR Committee D, TOTAL COST ESTIMATE Belvedere Tiburon Joint Recreation 600 Ned's Way Preliminary Design & Engineering Site Survey Total Initial Study (CEQA) Air Quality/Greenhouse Gas $ 2,530 Biological Resources $ 4,215 Geology and Soils $ 2,000 Hydrology & Water Quality: $ 3,740 Noise $ 3,570 Transportation & traffic $ 3,500 _ Total $ 19,555 Engineering & Architectural Fees Photo Simulation/Rendering $ 1,200 Architectural / Building Specs / Building Estimating $ 10,000 Geotechnical/Soils Report $ 11,700 Modular Bldg consultant (Alan Pierce) $ 4,700 CSW ST2 Phase I: prelim $ 11,700 Phase II: design (revised) $ 87,529 Phase III: CM $ 53,771 Extra Work - Add'I CM services $ 95,000 (includes Architectural Supp.) $ 248,000 $ 275,600 Building Permit Fees/Utilities Building fees - (3% of project value) $ 50,400 These include any School District fees (exempt; confirmed by John Frick), MMWD fees, Sanitary District, Fire Protection Distr ict Review fees; PG&E, new service connections $ 100,000 Estimated Total $ 150,400 Preliminary Construction costs BUILDING Modular Unit Costs (Frame up) 4,800 $ 800,000 (inc. Trimmings and Found.) SI TEWORK Total site work $ 883,694 CONTINGENCY 15% $ 252,554 PROJECT TOTAL $ 2,390,053 12-Jan-12 $ 8,250 $ 8,250 D~r-FILIBIT NO.