4 | LOCAL NEWS | MARINIJ.
COM
A MONDAY, MARCH 20, 2017
FAIRFAX
DUI suspect arrested after chase, collision
By Gary Klien
gklien@marinij.com
@GaryKlien on Twitter
A Santa Rosa man was
arrested on DUI allega-
tions after a police pur-
suit in Fairfax that ended
in a crash.
Mark David Smith, 59,
was booked into Marin
Count y Jail on suspi-
SAN RAFAEL
Sex offender arrested at Terra Linda campus
By Gary Klien
gklien@marinij.com
@GaryKlien on Twitter
A convicted sex offender
was arrested in San Rafael
after an off-duty probation
officer spotted him watch-
ing youth sports at Terra
Linda High School.
Fidel Humberto Sara-
v i a - C or t e z , 4 9, w a s
booked into Mar in
County Jail on suspicion
of being a sex offender on
school grounds and vio-
lating the conditions of
his probation.
Saravia-Cortez is being
held without bail pend-
ing further review by the
Complex
FROM PAGE 1
apartment complex does
indeed open this summer,
the development which
has become a symbol for
residents opposed to high-
density housing will
have been three years be-
hind schedule.
The complex, at a former
foam cup manufacturing
plant near Highway 101 at
Tamal Vista Boulevard, has
been called a monstrosity
by critics, who say its too
big and dense and will cre-
ate traffic problems once
its occupied.
The slow-moving con-
struction hasnt helped
much in the court of pub-
lic opinion, either.
As it turns out, struc-
tural deficiencies started
to emerge as early as the
fall and winter of 2013
not even a year after con-
struction began accord-
ing to building inspection
and field observation re-
ports.
The structural failings
prompted MacFarlane Part-
ners, the San Francisco de-
veloper and owner of the
project, to launch investi-
gative studies over the past
year.
The reports produced by
engineers and architects
for MacFarlane found ex-
tensive water damage and
shoddy workmanship. That
work involved weather-re-
sistive barriers such as
flashings, windows, roof-
ing, exterior finishes and
deck coatings.
Problems involving those
elements were noted sev-
eral times and some were
left unresolved, according
to both MacFarlanes archi-
tects observation reports
and town building inspec-
tion reports.
But the extent of damage
was unknown a year ago
when Centric took over the
project as the general con-
tractor, according to Corte
Madera building officials.
As such, the new contractor
has been tasked with fixing,
replacing and in some cases
reconstructing parts of the
six buildings.
Unfortunately, inspec-
tions of the projects did pro-
vide evidence of construc-
tion that do not meet the
high standards MacFarlane
Partners demands for all our
developments, MacFarlane
spokeswoman Julie Chase
said in an email Thursday.
Hamilton
FROM PAGE 3
means all possibilities can
be explored through public
discussion, she said.
Javanbakht said Ham-
ilton residents misunder-
stood the developers inten-
tions when it was to meet
with the city manager, City
Council and director of
Hamilton base reuse at a
closed meeting on March 7.
A City Council agenda
said the meeting was to
include talk on price and
cion of drunken driving
with prior DUI convic-
tions, reckless evasion,
resisting police and other
counts.
Smith remained in cus-
tody Sunday in lieu of
$50,000 bail pending fur-
ther review by the Marin
County District Attorneys
Office.
The pursuit began at
Marin County District At-
torneys Office.
The incident occurred
Saturday morning when
the off-duty probation of-
ficer recognized Saravia-
Cortez among the observ-
ers of a flag-football game
at the Terra Linda cam-
pus, said San Rafael po-
lice Sgt. Scott Eberle.
Under the terms of his
probation in a 2014 lewd-
ness case, Saravia-Cor-
tez was required to stay
at least 100 yards from
schools while minors are
present.
The probation officer
called police, who arrived
to find Saravia-Cortez
After firing the contractor,
Ledcor Construction Inc. of
Las Vegas, in February 2016,
We immediately retained
the new contractor Centric
who has been thoroughly in-
specting the property and re-
mediating all issues as iden-
tified, Chase said.
More work cropped up
this winter, when power-
ful winds in one of the big
rainstorms ripped off the
protective tarp and dam-
aged the building at Tamal
Vista and Wornum Drive,
Cusimano said. However,
work is back on track.
Legal battle
Meanwhile, a multi-
million-dollar legal bat-
tle between the developer
and Ledcor is unfolding in
Marin Superior Court. It is
now complicated by suit fil-
ings by several subcontrac-
tors who claim they were
not paid for completed
work.
Last May, Ledcor sued
195-205 Tamal Vista Bou-
levard LLC an entity
controlled by MacFarlane
for breach of contract,
alleging that the devel-
oper owed the contractor
$8 million in unpaid ser-
vices completed as part of
a $34 million contract.
In a cross-complaint
filed in September, Tamal
Vista alleged that Ledcor
failed to correct shoddy
work that had been doc-
umented in MacFarlanes
and the towns inspection
reports. Furthermore, the
contractor continued to
miss deadlines, according
to the lawsuit.
Because of it, Tamal
Vista has incurred and will
continue to incur, damage
to the buildings, costs to
investigate, deconstruct,
repair, remediate and com-
plete the work and other
financial burdens esti-
mated to exceed $40 mil-
lion, according to the suit.
In December, Ledcor
filed a cross-complaint for
indemnity against the sub-
contractors whose work is
implied in the complaint
filed by Tamal Vista. In a
separate filing responding
to the cross-complaint from
Tamal Vista, the contractor
said, Ledcor denies gener-
ally and specifically ... each
and every allegation con-
tained in the cross-com-
plaint ... and denies that
Tamal Vista has been dam-
aged in the sums alleged or
in any sum at all, by reason
of any act, breach, or omis-
sion on the part of Ledcor.
terms of payment of the
town center.
We were not ready to
purchase the property until
the complete plan was de-
veloped, Javanbakht said.
By withdrawing the pro-
posal, the developer is hop-
ing to ensure the commu-
nity that their interests are
aligned, he said.
The town center was
one of three Hamilton sites
where deed restrictions
were removed last March
to allow development. The
other sites were the Bach-
elors Officers Quarters on
San Pablo Avenue and the
about 11 a.m. Friday when
Fairfa x police Officer
Aaron Odom saw a pickup
truck weaving across lanes
of traffic downtown and
nearly hitting cars and pe-
destrians.
T he pic k up d r iver
sped west on Sir Fran-
cis Drake Boulevard and
Odom went after him, oc-
casionally losing sight of
watching a youth soccer
game near the flag-foot-
ball game, Eberle said. Po-
lice arrested him.
T he prior lewdness
case occurred in March
2014, when Saravia-Cor-
tez was arrested on suspi-
cion of masturbating a few
feet from the Gerstle Park
playground while looking
directly at the women and
children there.
Police found Saravia-
Cortez in a bathroom near
the playground, searched
him and found a tube of
Vaseline and two pairs of
Latex gloves in his posses-
sion.
He went to trial in
It goes on to say, Led-
cor is informed and be-
lieves and thereon alleges
that Tamal Vista failed, ne-
glected, and refused to mit-
igate its alleged damages
and is therefore barred
from recovery, or alterna-
tively, its recovery must be
reduced to the extent of its
failure to mitigate.
A Ledcor spokesman did
not respond to a request
for further comment.
Last month, 13 related
suits filed by subcontrac-
tors for nonpayment were
consolidated into the one
dispute between Ledcor
and the developer.
Years behind schedule
The project was ap-
proved by the Town Coun-
cil in 2012 and was sched-
uled to open in the sum-
mer of 2014.
The developer hired
Ledcor in fall 2012 and
soon after obtained a $47
million Bank of America
construction loan.
A $25 million valua-
tion for the project was
recorded on the building
permits issued in Febru-
ary and July of 2013.
Because the project
was on such a large scale,
the town brought in Code
Source, an independent
building inspection firm.
The consultants services
were charged at $80 to
$90 an hour to be paid by
MacFarlane.
A majority of that inspec-
tion work was done by Hil-
ary Ransom, a senior build-
ing inspector with the firm.
He said in a memo to town
officials that from his ob-
servations over the years,
the construction site super-
visors hired by Ledcor ap-
peared to have little knowl-
edge of weather-proof detail-
ing and California building
code. Also, the contractor
was slow to address prob-
lems with waterproofing and
building deficiencies, he said.
Cusimano said there are
more than 650 reports to
date filed with the town
of Corte Madera Planning
and Building Department
documenting communica-
tions between town build-
ing officials, contractors,
architects and MacFar-
lane on progress, deficien-
cies and missed deadlines.
In December 2014, the
town issued a stop-work
order, demanding that the
contractor weatherproof
the six buildings before
continuing work. Each
building was inspected
commissary parcel on State
Access Road.
The restrictions were
transferred to 93 acres
of open space around the
Marin Valley Mobile Coun-
try Club.
The Hamilton parcels
were initially given to the
city through the federal
Lands to Parks program,
which allows communities
to create parks and recre-
ation areas on surplus fed-
eral land. Under the pro-
gram, the parcels could not
be sold and were required
to be used for recreation.
The city will hold a com-
In your town
Send us your news: Email news items from Marins cities
and towns to localnews@marinij.com or mail them to City
Desk, Marin Independent Journal, 4000 Civic Center Drive,
the suspect, said Fairfax Suite 301, San Rafael, CA 94903.
police Chief Christopher Send us your photos: Send photos to photos@marinij.
Morin. com and include your name, phone number and some de-
Smith was arrested af- tails about the photo.
ter crashing into another
vehicle at the intersection
THE COUNTY
of Sir Francis Drake Boule-
vard and Shemran Court, Court fee relief period WEATHER WATCH
LAST WEEKS TEMPERATURES
Morin said. will end on March 31 Marin County Civic Center 3/15-3/20
The driver of the other
vehicle did not report in- The Marin Superior W Th F Sa Su Today
80
juries. Court traffic infraction 73
amnesty program is sched- 70 66 70 68 67
62
uled to end March 31. 60
The program, which be- 50 55 58
50 51 53
gan in October 2015, al- 45
40
lows offenders a chance
to reduce traffic debts and 6-DAY TEMPERATURE FORECAST
get drivers licenses rein- at the Marin County Civic Center
Marin Superior Court stated under certain con-
Today Tu W Th F Sa
and the jury convicted ditions. Fees for park- 80
him. In September 2014, ing tickets and serious of-
70
a judge gave Saravia-Cor- fenses such driving while 62 64 61 62 59 62
tez a 120-day sentence, intoxicated are not eligible 60 58
placed him on probation for reduction. 50 51 51 49
for three years and or- The program carries 40 44 42
dered him to register as a $50 fee to participate. High and low temp. for the day
a sex offender for life. The More information and ap- Normal high temperature
same year, Saravia-Cortez plications are available on- Normal low temperature
was charged with driving line at bit.ly/2m2bLtv. The
while intoxicated in San phone number to the pro-
Rafael and driving drunk gram is 415-444-7180. event will be held from 2
with a prior DUI convic- to 3:30 p.m. at the down-
tion. NOVATO town library branch at
The alleged DUI oc- City Council cancels 1100 E St.
curred while Saravia-Cor- More information is
tez was free on bail in the meeting on Tuesday available at 415-485-3321.
public masturbation case The Novato City Coun-
and about two weeks away cil has canceled its regular Dixie board to discuss
from his trial. meeting that was sched- superintendent search
uled for Tuesday.
The next council meet- The Dixie School Dis-
and released individually. ing is scheduled for March trict board has scheduled
Work was halted for six 28. a special meeting for Tues-
weeks to three and a half day to discuss its recruit-
months on some build- SAN RAFAEL ment process for a new su-
ings. Information session perintendent.
In the fall of 2015, Mac- The meeting is sched-
Farlane was fined $30,000 offered on dementia uled for 11 a.m. to 3 p.m. at
for failing to meet dead- A discussion about Al- 380 Nova Albion Way. The
lines on right-of-way work, zheimers disease, memory consulting firm perform-
such as sidewalks, gutters loss and dementia will be ing the recruitment will be
and curb ramps. held March 24 at the San present.
Rafael Public Library. The new superintendent
Weve done our job The discussion will be will succeed Thomas Loh-
Planning Direc tor led by Jen Tripathy, direc- wasser, who is retiring at
Adam Wolff said that tor of Senior Access. The the end of the school year.
from a planning and
building perspective, we
Dispute
feel that weve done our factors, the analysis cited
job. the fact that Broad attended
Former town council- council meetings on top of
man Michael Lappert, FROM PAGE 3 his 20-hour work week, had
who was on the council town-issued business cards,
that approved the project, If there was a problem and worked at Town Hall.
agreed, adding, Its not in how he was treated for The town appealed to the
within the purview of the purposes of PERS member- state Office of Administra-
Town Council, either, to ship, he was the person re- tive Hearings for a ruling
intervene on projects on sponsible to see that it was by a judge. But proceedings
private property. investigated and, if appro- were delayed several times
Outside of the regu- priate, corrected. Despite while negotiations contin-
lar building inspections this duty, he waited for ued, and a deal was reached
and when construction over 10 years, until memo- in February.
T:5.6875
is disrupting the public ries had faded and details CalPERS could not say
UNTIL THEY BUCKLE UP.
right-of-way, its not our may have been lost, before Friday how Broads settle-
problem, he said. It was requesting credit. ment affects his pension
a contractor issue. And In support of its posi- payments. Before the settle-
they fired them. Problem tion, Ross pointed to the ment, Broads monthly pen-
NEVER GIVE UP
solved. employment agreement sion was $7,856.78.
Mayor Diane Furst said, that Broad signed in 1991. The town is still involved
This has been a long, The deal specified that he in a separate pension dis-
frustrating process but was to be an independent pute with another former
were very encouraged by contractor, working about worker, Pam Riley, who
the responsiveness and 20 hours a week for $35 an ran Ross Recreation from
T:21
the work done by the new hour. It also stated that he 1983 to 2014. When she re-
construction team and was free to work for other tired, the CalPERS deter-
we look forward to finally clients. mined her tenure qualified
having a completed devel- CalPERS reviewed the her for a pension, but Ross
opment in the near future dispute and decided in claimed she was an inde-
Notes: None
so that we can welcome Broads favor. Among other pendent contractor.
our new neighbors.
ADC5-9551A0012_Buckle_5-6875x21_BWNP_R1.indd
Italian Plate (Bold)
Fonts: Minion Pro (Regular), Avenir (95 Black),
Media Type: BW Fractional Newspaper Ad
Publication: None
As a building profes-
Run Date: None
Gutter: None
Safety: 5.6875 W x 21 H
Client: AD COUNCIL
Bleed: 5.6875 W x 21 H
Job#: ADC5-9551A0012
Trim: 5.6875 W x 21 H
Title: NHTSA Buckle Up
KIDSBUCKLEUP
SAFERCAR.GOV/
VISIT
VISIT
sional, Rick Wells, CEO of
the Marin Builders Asso-
SAFERCAR.GOV/
KIDSBUCKLEUP NEVER GIVE UP
Inks
Links: NHTSA_Logo_KO.ai (48.87%), ADCOUNCIL_Wht.eps (28.93%)
Modified Date:
T:5.6875
Creation Date:
UNTIL THEY BUCKLE UP.
Line Screen:
Art Version:
Edit Round:
Printed by:
Printed at:
Black
Paper:
ciation, said delays are
Andrew McCarthy
56.74%
2-18-2015 11:09 AM
1-13-2015 12:27 PM
2
100
Newsprint
Final Art
not unheard of in our in-
Production Manager:
Account Executive:
Creative Director:
Studio Manager:
Proofreader:
Art Director:
Copywriter:
dustry, although a delay
Client:
Ad Council
B. Ehninger
J. Adler-Kerekes
J. Morledge
W. Wood
M. Heckart
R. Virginia
A. McCarthy
ADC5-9551A0012_Buckle_5-6875x21_BWNP_R1.indd Initials Date
of this length and issues
T:21
Client: AD COUNCIL Art Version: Final Art Studio Manager: A. McCarthy
Job#: ADC5-9551A0012 Paper: Newsprint Proofreader: R. Virginia
Title: NHTSA Buckle Up Line Screen: 100 Art Director: M. Heckart
Media Type: BW Fractional Newspaper Ad Edit Round: 2 Copywriter: W. Wood
Initials
Bleed: 5.6875 W x 21 H Creation Date: 1-13-2015 12:27 PM Creative Director: J. Morledge
of this magnitude are un-
Trim: 5.6875 W x 21 H Modified Date: 2-18-2015 11:09 AM Production Manager: J. Adler-Kerekes
Safety: 5.6875 W x 21 H Printed at: 56.74% Account Executive: B. Ehninger
Date
Gutter: None Printed by: Andrew McCarthy Client: Ad Council
Notes: None Run Date: None Links: NHTSA_Logo_KO.ai (48.87%), ADCOUNCIL_Wht.eps (28.93%)
Publication: None
common or rare.
Fonts: Minion Pro (Regular), Avenir (95 Black),
Italian Plate (Bold)
Inks Black
He called the Tam Ridge marinij.com | facebook.com/MarinIJFan | @MarinIJ
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vast majority of contrac- Hours: 6 a.m. to 6 p.m. Monday through Friday; 7 to 11 a.m.
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responsible approach to To report a missed newspaper: Call by 10 a.m. Monday through
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members of the Marin Online: Manage your subscription at marinij.com/subscribe.
Builders Association. Main office.......................................... 415.883.8600
Business hours: 8:30 a.m. to 5:30 p.m. Monday through Friday.
Among those affected by The Marin Independent Journal is a newspaper inclusive of the following
the delay is Andy Bachich, Newspapers of General Circulation: Marin Independent Journal.
the owner of Andys Market, Online: marinij.com. The Marin Independent Journal (USPC 261000) is published
who last year was supposed daily by Bay Area News Group, 4000 Civic Center Drive, Suite 301, San Rafael, CA
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3,000-square-foot retail President and Publisher Sports Editor
space on the ground floor David Rounds ................382.7297
Rob Devincenzi Mark Volain......................382.7298
.............. 382.7297 Derek Arild .....................382.7298
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Scott Henry .................. 382.7304 Robert Tong...................382.7269
Everything is still a go, shenry@marinij.com rtong@marinij.com
just on hold waiting for Editor Lifestyles Editor
the word to go, he said. Robert Sterling ............ 382.7294 Vicki Larson...................382.7286
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munity meeting at 7 p.m. Brad Breithaupt ............ 382.7291 Nick Bensen...................382.7282
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Hamilton Community Cen- City Editor Digital Editor
ter at 503B S. Palm Drive, to Jen Upshaw Swartz .... 382.7290 Dave Allen ..................... 382.7206
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