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Home My WebLink AboutTC Agd Pkt 2005-07-20 . . . ;VL2A/e;' . e~ TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 July 20, 2005 7:00 P.M. -Closed Session 7:30 P.M. - Regular Meeting 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 arid minutes are posted on the Town's website, www.cLtiburon.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. r~ Agenda - Town Council Meeting July 20, 2005 Page 2 of 3 . AGENDA CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Negotiator: MAPE Town Manager and Director of Administrative Services CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Gram, Council member Slavitz, Vice Mayor Smith, Mayor Berger ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended ,discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission., Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than 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 public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now. 1. Recommendation by Director of Administrative Services - Accept Town Monthly Investment Summary - June 2005 2. Recommendation by Director of Public Works/Town Engineer - Accept 2004-05 Capital Improvements Projects as Complete - Drainage and Sidewalks Repairs 3. Recommendation by Director of Public Works/Town Engineer - Approve South of Knoll Tot Lot Renovation Plan 4. Recommendation by Director of Administrative Services - Point Tiburon Community Facilities DistriCt Special Tax Levy for Fiscal Year 2005-06 a) A Resolution of the Town Council of the Town of Tiburon Levying a Special Tax Rate for the Property Tax Year 2005-06 Community Facilities District No. 1985-1 Point Tiburon Development Town of Tiburon, Marin County, California . / . . . Agenda - Town Council Meeting July 20, 2005 Page 3 of 3 5. Recommendation by Mayor - Authorize Execution of Downtown Plaza Fountain Project Agreements a) Funding Agreement b) Artist Commission Agreement PUBLIC HEARING 6. Recommendation by Director of Administrative Services - Continuation of Cypress Hollow Landscape & Lighting Special Assessment District (LLD) a) A Resolution of the Town Council of the Town of Tiburon Continuing Maintenance and Operation of the Landscape And Lighting District in the .Cypress Hollow Subdivision in Fiscal Tax Year 2005-2006 COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - July 8,2005 Town Council Weekly Digest - July 15, 2005 ADJOURNMENT FUTURE AGENDA ITEMS - Note: These items are tentative until thev apoear on the final agenda . Heritage & Arts Commission Annual Report - (August 3) . Marin County Grand Jury Response - (August 3) . Appeal by Pi. Tiburon Plaza, Inc. of Planning Commission Denial of 2nd story Banquet Facility . Expansion Plan to Caprice Restaurant- (August 3) . Lyford Cove Undergrounding of Utilities Assessment District Award of Contract . Economic Exception Ordinance - (August 17) . Risk Management Presentation . Tiburon Glen Precise Development Plan . Town of Tiburon STAFF REPORT AGENDA ITEM -L \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Heidi Bigall, Director of Administrative s~rvicesH- SUBJECT: Monthly Investment Summary - June 2005 ~, . <"'. ," '" MEETING DATE: July 20, 2005. REVIEWED B~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOWN OF TIBURON I nstitution/ Agency Investment Amount Interest Rate Maturity State of California Local Agency $15,266,584.87 2.967% Liquid Investment Fund (LAIF) Bank of America Other 0 % Total Invested: . $15,226,584.87 . TIBURONREDEVELOPMENTAGENCY Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $924,773.14 2.967% Liquid Investment Fund (LAIF) Bank of America Other $0 Total Invested: $924,773.14 Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of'California generally distributes investment data reports in the third week following the month ended. Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet .next month's estimated expenditures. . Town of Tiburon STAFF REPORT :2-, AGENDA ITEM TO: Mayor and Members of the Town Council Pat Echols, Director of Public Worksl Town Engineer FROM: SUBJECT: Accept 2004-05 Capital Improvements Project - Drainage & Sidewalk Repairs as Complete nl,\ MEETING DATE: July 20, 2005 REVIEWED BY: ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . BACKGROUND On September 15, 2004, the Tiburon Town Council awarded a contract to Maggiora & Ghilotti, Inc. in the amount of $94,948 for the 2004-05 Drainage & Sidewalk Repairs Project. The work included drainage improvements on Spanish Trail, Taylor Road, Greenwood Court and sidewalk construction at Tiburon Boulevard and Cove Road. DISCUSSION . Project construction commenced in October 2004 and was completed in April 2005. The Town Council subsequently authorized additional contract work (approximately $50,000) to repair drainage facilities between Greenwood Court and Tiburon Blvd. The adjacent property owners shared in the additional cost. Change order work . included replacing failed curb and gutter on Wilkins Court, modifications on Taylor Road and access improvements on Spanish Trail. Final construction cost for the project was $186,156.26. Contract work was completed in general conformance with the project plans and specifications. RECOMMENDATION It is recommended that the Town Council accept the contract work performed by Maggiora & Ghilotti, Inc. for the 2004-05 Drainage Improvements Project as complete in accordance with the project plans and direct the filing of a Notice of Completion. . 7/15/2005 1 of 1 ,. Town of Tiburon STAFF REPORT ~ AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Pat Echols, Director of Public WorkslTown Engineer SUBJECT: Approve South of Knoll Tot Lot Renovation Pla6\~) MEETING DATE: July 20,2005 REVIEWED BY: ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISCUSSION For the past two years, the Parks & Open Space Commission Playground Subcommittee has worked with staff to develop a plan for renovating the South of Knoll Tot Lot. The subcommittee was comprised of POSC Commissioner Margo Zender:, Pam Bonnie and Derice Tao. The group met regularly to discuss fund raising, equipment selection, layout, etc. . The culmination of the team's efforts is the proposed renovation plan (Exhibit 1). The plan was unanimously supported by the POSC at its April 12 meeting. New equipment will include a playbooster (Exhibit 2), a play house (Exhibit 3), a boat, a 2- seat swing set, a spring rider and a sand box. Over $50,000 has been raised to date through commemorative tile sales and donations. An additional $10,000 donation from the Herbst Foundation is pending Town Council approval of the plan. Staff was also successful in securing $12,000 in state grant funding for the new tot lot surfacing. Finally, the Town has committed to providing the minimum local match of $6,000; although the actual match amount will depend on the contract cost to construct the surfacing. Additional donations are anticipated. Total project cost (including equipment purchase and construction) is estimated to be approximately $75,000. RECOMMENDATION It is recommended that the Town Council approve the South of Knoll Tot Lot and authorize staff to solicit contractor bids for the project. EXHIBIT 1. Project Plan 2. Playbooster structure illustration 3. Playhouse details . ~ :~itX OJtn .= OJ ..... s:: !!tn ._ '.)( ~ wen - ~ W W u.. Z - W ...J <( U en , ci ) . to :r. ">2. 1 . J t.;..!:.. III en i At... J:r C ii'i ~~. Z:)i ~~I In o o C'I ..... ... ... ..... \I) ::s::. ~ ~Cj ...::I .. ...::Iz 00 z~ ::S::'::J =~ E-t- ::JE-t o (JJ i:li ~ s - HI~. . c !:'L .S !r::Jr" 'Ii) .,5 ~.1 ~ It: iii \D o 0\ QO C'I \D o ... 16'-11" I' [517cm] 4'-11" r--[151cmr-' .....--T----..... ,.. ., / " / , I 6' \ I !163cmJ \ / \ ( \ r f 1 . I I 6'-1" I 6' [165cmli [1B3Cmli 16'-1" L I I [551l,ml \, ,,~.~,'l:'m' // , *2' . ", '60cm ,..,..'" ......-----"". o o o I'- ~ TECHNICAL . INFORMATION Red House. M 7000 ~ Best user age: 2~5 years Space required, inducing use zone: 16'11" x 18T' / 517 x 551 em Highest.designated play surmce: . 2' / 60 em Total SafetyZone Area: 258 ff / 24 m' Footing: Steel brackets, In-ground installation also available, .0 " " 4'-11" [151cm] *2' 1 '-1 " [60cm] [34cm] II I I 1'-5" : I [42cm] ~~L.:....i Equipment must be installed over resilient surfacing'appropriate to the safety guidelines in your area. L:)CH't6iT'3 Red House . M 7000 The Green House are perfectly scaled for children. The scale of the house makes them feel immediately at home. The open structured house facilitates play and communication from inside and out. The benches and tables provide the setting for rest, play, and soaring imaginations as a child finds themselves secure in the size of the home and knowing it's all for them. o KOMM&'4J . moments Scale: 1/8"=1' "" o ~, U) :;;: 7 ~ ::; o '" @ ...c .'2' >- D- o U , Highest Designated Ploy Surface Information on highest designated play surface os well as space required is according to ASTM 1487- 01. Product development is an ~ngoing process. For this reason we reserve the right to make modifications in the form of product improvements in all our products. KOMPAN.com (800) 426-9788 7 . Town of Tiburon STAFF REPORT AGENDA ITEM -1-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services ~. FROM: SUBJECT: Point Tiburon Community Facilities District 1985-1 ~~~~~ ~~T.E~ :;I:C~~ ;::.~e~ ~o~ ~i:~~J ~~~~;;~ ~~: ~ . . . . . . . . . . Annually, the Town Council adopts Special Tax rates to be levied on the commercial and residential parcels in the Point Tiburon Community Facilities District. The State Government Code requires local agencies to provide by Resolution for the annual levy of the Special Tax. Action to levy the Special Tax is required by August 12th of the tax (fiscal) year, by which time parcel tax data is to be filed with the County Auditor-Controller and Tax Office. Special Tax proceeds are applied to the debt service requirements of the bonds of the Point Tiburon Community Facilities District. . The proposed total Special Tax Levy for Fiscal Year 2005-06 will be approximately $134,100, which represents no increase over the Fiscal Year 2004-05 Levy and shall be apportioned as follows: Residential Property Owner Commercial Property Owner Annual Rate $786.78 $27,877.86 The Special Tax rates are projected to stay at this general level until maturity of the bonds in September 2008. RECOMMENDATION It is recommended that the Town Council adopt the attached resolution establishing the Special Tax Levy in the Point Tiburon Community Facilities District for Tax Year 2005-2006. Exhibits A. Resolution Establishing Special Tax Levy, 2005-2006 . " EXHIBIT A. (FOR RESOLUTION NO. ) ESTABLISHING THE SPECIAL TAX LEVY OF . COMMUNITY FACILITIES DISTRICT NO. 1985-1 - POINT TIBURON DEVELOPMENT - TAX [& FISCAL YEAR] ENDED JUNE 30, 2006 MARSH: 58-440-01 $786.78 58-440-02 $786.78 58-440-03 $ 0.00 Below Market Rate Unit - 58-440-04 $ 0.00 Below Market Rate Unit 58-440-05 $786.78 58-440-06 $ 0.00 Below Market Rate Unit - 58-440-07 $ 0.00 Below Market Rate Unit 58-440-08 $786.78 58-440-09 $786.78 58-440-10 $786.78 58-440-11 $786.78 58-440-12 $786.78 58-440-13 $ 0.00 Below Market Rate Unit - 58-440-14 $~0.09 Below Market Rate Unit . 58-440-15 '$786.78 58-440-16 $ 0.00 Below Market Rate Unit - 58-440-17 $ 0.00 Below Market Rate Unit - 58-440-18 $786.78 58-440-19 $ 0.00 Below Market Rate Unit - 58-440-20 $ 0.00 Below Market Rate Unit - 58-440-21 $786.78 58-440-22 $ 0.00 Below Market Rate Unit - 58-440-23 $ 0.00 Below Market Rate Unit 58-440-24 $786.78 58-440-25 $786.78 58-440-26 $786.78 58-440-27 $ 0.00 Below Market Rate Unit - , 58-440-28 $ 0.00 Below Market Rate Unit - 58-440-29 $ 0.00 Below Market Rate Unit - 58-440-30 $ 0.00 Below Market Rate Unit - 58-440-31 $ 0.00 Below Market Rate Unit - 58-440-32 $ 0.00 Below Market Rate Unit - 58-440-33 $ 0.00 Below Market Rate Unit - 58-440-34 $ 0.00 Below Market Rate Unit. - LAGOON: . ~/ . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX RATE FOR THE PROPERTY TAX YEAR 2005-06 COMMUNITY FACILITIES DISTRICT NO. 1985-1 POINT TIBURON DEVELOPMENT TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA WHEREAS, Town of Tiburon Ordinance No. 355 N.S., passed and adopted by Town Council on August 1, 1990, ordained that the Town, pursuant to Government Code Sections 53328 and 53340, levied a Special Tax on the property within Community Facilities District No. 1985-1 for the 1990-1991 tax year and for all subsequent years; and, WHEREAS, Pursuant to Government Code Section 53340 the Tiburon Town Council may provide, by resolution, for the levy of the Special Tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance; and, WHEREAS, the Director of Administrative Services has estimated that sources of funds less uses of funds (provision for annual debt service, fiscal agent charges, administration fee, and reserve for delinquencies) requires a total Special Tax Levy in the amount of$134,093.16 (Residential share at $106,215.30, and Commercial at $27,877.86) for fiscal and tax year 2005- 06. THEREFORE IT IS RESOLVED, that the Town Council authorizes the tax year 2005-06 Special Tax levy in the amounts shown on Exhibit A attached, and the Director of Administrative Services is to prepare the Special Tax roll.aild provide all necessary information to the Marin County Auditor and Tax Collector in order to effect proper billing and collection of the Special Tax referenced within Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2005 by the following vote: AYES: NOES: ABSENT: . COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BY: MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK 59-380-40 $786.78 \. 59-380-41 $786.78 59-380-42 $786.78 59-380-43 $786.78 . 59-380-44 $786.78 , 59-380-45 $786.78 59-380-46 $786.78 59-380-47 $786.78 59-380-48 $786.78 59-380-49 $786.78 59-380-50 $786.78 59-380-51 $786.78 59-380-52 $786.78 59-380-53 $786.78 59:'380-54 $786.78 59-380-55 $786.78 59-380-56 $786.78 59-380-57 $786.78 59-380-58 $786.78 59-380-59 $786.78 59-380-60 $786.78 59-380-61 $786.78 59-380-62 $786.78 59-380-63 $786.78 59-380-64 $786.78 59-380-65 $786.78 . 59~380-66 $786.78 59-380-67 $786.78 PLAZA: 59-161-07 $16,854.70 Building 13. 59-161-12 $11,023.16 Building 14. 59-161-10 $ 0.00 Parking Lot - TOTAL LEVY: Residential $106,215.30 Commercial $ 27,877.86 Total: $134,093.16 (' '. j 59-390-01 $786.78 59-390-49 $786.78 59-390-02 $786.78 59-390-50 $786.78 59-390-03 $786.78 59-390-51 $786.78 . 59-390-04 $786.78 59-390-52 $786.78 59-390-05 $786.78 59-390-53 $786.78 59-390-06 $786.78 59-390-54 $786.78 59-390-07 $786.78 59-390-08 $786.78 BA YSIDE: 59-390~09 $786.78 , 59-390-10 $786.78 59-380-01 $786.78 59-390-11 $786.78 59-380-02 $786.78 59-390-12 $786.78 ' 59-380-03 $786.78 . 59-390-13 $786.78 59-380-04 $786.78 59-390-14 $786.78 59-380-05 $786.78 59-390-15 $786.78 59-380-06 $786.78 59-390-16 $786.78 59-380-07 $786.78 59-390-17 $786.78 59-380-08 $786.78 59-390-18 $786.78 59-380-09 $786.78 59-390-19 $786.78 59-380-10 $786.78 59-390-20 $786.78 59-380-11 $786.78 59-390-21 $786.78 59-380-12 $786.78 59-390-'22 $786.78 59-380-13 $786.78 59-390-23 $786.78 59-380-14 $786.78 59-390-24 $786}8 59-380-15 $786.78 59-390-25 $786.78 59-380-16 $786.78 . 59-390-26 $786.78 59-380-17 $786.78 59-390-27 $786.78 59-380-18 $786.78 , .59-390-28 $786.78 59-380-19 $786.78 '- 59-390-29 $786.78 59-380-20 $786.78 59-390-30 $786.78 59-380-21 $786.78 59-390-31 $786.78 59,.380-22 $786.78 59-390-32 $786.78 59-380-23 $786.78 59-390-33 $786.78 59-380-24 $786.78 59-390-34 $786.78 59-380-25 $786.78 59-390-35 $786.78 59-380-26 $786.78 59-390-36 $786.78 59-380-27 $786.78 59-390-37 $786.78 59-380-28 $786.78 59-390-38 $786.78 59-380-29 $786.78 , 59-380-30 $786.78 59-390-39 $786.78 59-390-40 $786.78 59-380-31 $786.78 59-390-41 $786.78 59-380-32 $786.78 59-390-42 $786.78 59-380-33 $786.78 59-390-43 $786.78 59-380-34 $786.78 59-390-44 $786.78 59-380-35 $786.78 59-390-45 $786.78 59-380-36 "$786.78 59-390-46 $786.78 59-380-37 $786.78 59-390-47 $786.78 59-380-38 $786.78 59-390-48 $786.78 59-380-39 $786.78 . ~ ,~" , . Town of Tiburon STAFF REPORT AGENDA ITEM ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Pat Echols, Director of Public WorkslTown Engineer Authorize Execution of Funding Agreement and Artist Agreement for Fountain Plaza Art Project SUBJECT: MEETING DATE: July 20, '2005 REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On February 2, 2005, the Town Council selected the Coming About fountain design by Reed Madden Designs as the finalist for the downtown fountain plaza art project. Coming About consists of a 22-foot-diameter, 18-inch deep pool with seven stainless steel kinetic sail elements. Photos of the artist's model of the project are shown in Exhibit B of the attached artist agreement (Exhibit 1). . The Town Council was clear that the artist commission would be held in abeyance until such time that sufficient funds were raised to commission the art. In recognition of Ed Zelinsky, Laleh and Miriam Zelinsky have committed to fund the full commission of the art. In the attached funding agreement (Exhibit 2), specific language clarifies the specific text and location which memorializes Ed Zelinsky. Attached you will also find the art commission agreement with Reed Madden Designs. Staff has worked with Reed Madden and Laleh Zelinsky to develop specific project parameters and details. As a result, staff developed the attached artist commission agreement. It has been through several iterations and is presented to you in what we believe to be final draft form. With the Town Attorney's absence, I would like to reserve the right to modify the agreement after you approve it, as necessary: I will provide the actual exhibits before next week's meeting so that staff can address as many lingering minor issues that may exist. RECOMMENDATION It is recommended that the Town Council authorize the Town Manager to negotiate and execute: 1. The funding agreement between the Town of Tiburon and Laleh Zelinsky; and 2. The Agreement for Commission of Public Art Work between the Town of Tiburon and Reed Madden Designs for the Coming About art project. Exhibit 1 - Draft Agreement for Commission of Public Art work> ff J _ -' . Exhibit 2 - Draft Agreement for funding of A ~ l{ 7/20/2005 1 of 1 . . . Contract No. AGREEMENT FOR COMMISSION OF PUBLIC ART WORK THIS A GREEMENT is entered into this _ day of July, 2005, by and between the Town of Tiburon, am unicipal corporation (hereinafter "Town"), and Jeffrey Reed and Jennifer Madden, doing business as Reed Madden Designs (hereinafter collectively, "Artist") . RECITALS 1. The Town owns a plaza area located at Tiburon Boulevard in downtown Tiburon ("Site" the site for a public art project incorponi has 2. for Qualifications to artists that might be interested and project for the Site. The Committee reviewedothe resPQIl~es and, sent a Request for Proposals that had submitted their qualifications, ca!ClI1s in the proposal package dated for the Fountain Plaza bmltte proposals in response to the Artwork RFP. 3. ,pbmitted a proposal consisting of the following items: (a) a '.":::,0-:< model, presentlyditdfsplay in the Town Council Chambers, which is depicted in Exhibit B; (b) a written description (Exhibit C); and drawings (Exhibit D) (collectively, "Artist Proposal"). T he Artist Proposal represented that the total cost of the Artwork described therein would be Two Hundred Fifty Thousand Dollars ($250,000). EXHIBIT NO. 1. TOWN COUNCIL LATE MAIL # s- MEETING DATE , / .- 1- --l-() -t))" Contract No. 4. The Town's ad hoc committee forwarded the Artist's Proposal to the Town Council for consideration, together with two other proposals. The Town Council . heard the three artists' presentation of their proposals on January 5, 2005. On February 2, 2005, the Town Council hear selected the Artist's Proposal as recommended by ad hoc committee; and 5, Artist is a recognized professional artist, and the Town is sufficiently familiar with the style and quality of the Artist's work '10 desire the Artist to create and install the Artwork described in the Artist's Propbsal ("Artwork':) for location at the . 'y J ',Y.' ARTICLE 1: SCOPE;OF SERVICES t +,~ ~ ' '-'Y ("the Site"). NOW, THEREFORE, the the conditions hereinafter set forth, agr " ::;~qF)~ 1-1 GENERA "";,')i ,'" ',,, '''-,. ,.<~ ""f ,,~". (a)) '~'.:,,, _ _ '.."._":_/ _ "U',: ;. ';<<_;"':_"___:. . Except as otherwise expressly provide in this Agreement, the Artist shall . perform all services and furnish all supplies, materials, aliist and agent travel, and equipment as necessary for the design, execution, fabrication, transportation, and installation of the.Artwork at the Site, as set forth in the Artist Proposal and the ';,(;:::.-:'::.'.-:.:.:'. Scope of W~r ;(Exhibit E). (b) The Artwork RFP provides that the Town shall be responsible for bringing utilities to the Site as provi4ed in the Artwork RFP, including electrical power, water and sanitary sewer connection. The Town may elect to have the Artist perform this work, to be reimbursed at the Artist's cost. 2 . . . . Contract No. 1-2 THE ARTWORK (a) Within 90 days of the execution of this Agreement, Artist will provide a written description and technical specifications of the Artwork, including the documents listed below, for review and approval by the Town's Director of Public Works ("Director"). Upon the Director's approval, these documents will be incorporated into this Agreement. . Graphic rendering; . Draft Maintenance a,~:~1 onserva . Work plan and PrQqyption Schedule; 4:t~'~~n} . Proposed list of0~id1j(:ontractors (those knQii~ito date); . Other inform6~'{Bb about th7Work as may(~Jreasonably required by the 7lqYl)~ in q5qer to certify the compliance of the Wqrk with applig9R/estatutes and ordinances. Said exhibt{$.iXill becon;'ejf~7 property of the Town upon submi~~i?mqJ:lh~ Artist, JfiJI},?n request by Artist, the Town shall pr~!!!ptly f11!3~~~~ all' ave~t~ble exhibits in connection with saidf]jbmis~iQn qtJb~. artist's expense, ; ;.~.-, ...,...:.....- ';""::"":"::::::':"'~"0_k (b) Council and written direction to move with fabrication at their studio and e the originally proposed sand filtration system to an ozone filtration sy~!~m as referenced in the Scope of Work for an additional cost @$;:2 ofThre~'!JlOusan'<:l.;Five Hundred Dollars ($3500). !(':ri~:. (d) This project is funded by a gift from Laleh and Miriam Zelinsky (collectively, "Zelinsky") in honor of the late Edward Zelinsky pursuant to an agreement between the Town and Zelinsky dated July 20, 2005 ("Funding Agreement"). Artist will incorporate memorial text into the Artwork as set fOlih in Paragraph 3 of the Funding Agreement. 3 Contract No. (e) The Town may require the Artist to make, such revisions to the proposed Artwork as are necessary for the Artwork to comply with applicable statutes, . ordinances, or regulations governing the project, including, without limitation, the Americans with Disabilities Act, or for other practical (non-aesthetic) reasons. (f) The Artist fee may be equitably adjusted for any increase or decrease in the Artist's cost of, or time required for, performance of any revisions pursuant to this Section 1-2. The Artist must present anyclaiin adjustment under this (g) paragraph, including the amount there?f"jto the Town as soon as practicable, but in no event more thap revision. . Artist's revisions, pursuant to this Section 1-2, the Town its approval or disapproval of Q?submit additional revisions , :;,iIl& Town. +;rrf':l~:;; 'fA '. i the Townpursuant to this :Section I ~2become a part of the final design, technical specifications andfalJrication and installation schedule of the Artwork. . 1-3 :EXECUTIONOF THE WORK (it) Pursuant to Section 1-2 above, the A rtist shall commence fabrication 0 f the with the Project Schedule set forth in Exhibit F. The all of the obligations under this contract on or before May 4, 2006. (b) The Town shall have the right to review the Artwork at reasonable times during the fabrication. The Artist shall submit to the Town bi-monthly progress reports in accordance with the Project Schedule. 4 . . . . - I Contract No. (c) The Artist shall complete the fabrication and installation of the Artwork in substantial conformity with the approved Proposal. (d) The A rtist shall present to the Town, in writing, for further review, any "significant changes" in the scope, design, color, size, material, or texture of the Artwork not permitted by or not in substantial conformity with the Proposal. A "significant change" is: 1. Any material change size, material, texture, operating or on the Site; 11. Any material that affects installation, for the Artwork; or Ill. as represented i n the (e) or disapprove any submission within 5 e the Artwork nor resume the payment schedule until 1-4 DELIVERY AND!fNSTALLATION; LIQUIDATED DAMAGES 6; (a) Priot<tb commencement of work at the Site, the Artist shall notify the Town of schedules for installation. The Artist shall be responsible for all expenses and labor. . The Town will waive all permit fees. 5 -\ -,-,," Contract No. (b) Prior to delivery of the Artwork, the Artist shall notify the Town in writing when fabrication of the Artwork is completed and the Artist is ready for delivery of the Artwork to the Site. (c) The Artist shall provide for completion of the Artwork in compliance with appropriate codes and the Project Schedule. Without limiting the foregoing, all work on Town property shall comply with the To,:\,n's normal conditions for encroachment permits, attached as Exhibit G.IN:~Director shall have authority to \ .... . '. . ,/: waive any conditions thathe finds are ina (d) The Parties acknowledge tha Agreement and """;:::,( delay. Artist aorees to notl anticinated completion date. I ater than >(~'\r~',~r:::~> June 1, ~6b6k'.'.:~ u.uO. ., :}>'~'~ > J::.,"\, beyond th~:QompletioF)t>_;te of June 1,2006, Artist shall forfeit and pay to Tovm , ' . . . - . . the sum of FivcHundred DOIlarf'($5,OO) as liquidated !da;l1ag~~. 1-5 POST INST ALLA TION (a) ~ Within thirty (30) days after the installation of the Artwork, the Artist the; own with the following documentation of the Artwork as 1. One set of digital photographs of the completed Artwork, one taken from each of three different view points; 6 . '(:ornmel1fi[MSOfficel]:'Artist.not '--~P!t~o'90itl~riW~t:this"point to,ai}y.da.~c: . i)r~():(:i? J.UijeJ_~\.: Th'cy.",ill 'have ,3 ibettcr. 'idea' 8 :':'J2weeksinauva'lceof ::t~ml;~et~o;l';d~~e . '.' ,',', _ . ~comment [MSOffice2]: ArtISt , mdlcates that they have nevel had any hqUldated damages clauses III illlY of Its , prevIOus pnbhc projects They reqnest ' the deletIOn.' , . - - - -- - ~ . . . . Contract No. 11. The Town shall have the right to duplicate and distribute for any noncollU11ercial purpose the artwork documentation supplied by the Artist under this Agreement; 111. The Artist shall be available at such time or times as may be agreed between Town and Artist to attend any inauguration or the Town. The Town shall otherwise as may be ,~ ined between the Town.find the Artist '. , ".',.-, </""..,'. "", ".-., as soon as is practical followingiristallation. IV, and other materials for the (b) Artist written instructions for appropriate under.this Agr~~ii!'~nt have been completed in substantial conformity with this Agreement. (b) The Town shall notify the Artist in writing of the final acceptance (or non- acceptance) of the Artwork. (c) Final acceptance shall be effective as of the earlier of the following dates: 1. The date of the Town's notice of final acceptance; or 7 Contract No. 11. The 30th day after the A rtist has sent written notice to the Town required under Section 1-6(a) unless the Town, upon receipt of such 30-day notice and prior to the expiration of the 30-day period, gives the Artist written notice specifying and describing the services, which have not been completed. 1-7 RISK OF LOSS The risk of loss or damage to the Artwork shall 0'" , gy the Artist until final ""/'. ..,. acceptance, and the Artist shall take such mt;astlres as are nec~~~ary to protect the 1-8 INDEMNITY Artwork from loss or damages until final aq; The Artist shall indenmify, defend agents harmless from any and all c1aim~()r Ia IJtle~:then eXisting or arising thereafter ",::"::,:,, ,'>'<<:;, ~~:y\::<>;,:,,;:. .;:<, ~...,t:::~4:;,>; . " from the Artist's negIige~6~id~\\1iIIful mi:~2~hd~ct in corig~ction with the ~rt>>,Bf~'h'h ",'; 1-9 TITLE, ASSIGNMENTOF ROY kVTY RIGHTS, AND WAIVER (a) .,,, . .,;':'" ,....f . ':: "",,.:,.:" .,:,'::",""" ",.\ Title to the Artwork shalf pass to the Town upon final acceptance. The Artist hereby assigns thexight to collect any royalty payment provided by Civil the Town and to the Town's assigns, Town shall have the name, likeness and biographical information in connection or reproduction and distribution of the Artwork, including, without limitation, all advertising and promotional materials concerning the Town or the Artwork. 8 . -.....:........'......'..'....'...'....".".'.:'...'.'."..'...'........................'..........'...........:...'....'.............................................J... -lcommenHMSOffice3l: Artists to '. provid,~,sp.cc!fic'.j.l1dcl~il.iiy lal1guagc'~rom ,; }~.~t:~:~~~~~r.~.:::..::L;;:.::::~!:._:.~~.:.:;.._.::::.::::::;.-.:..:;.::~.. . . . . . Contract No. (b) Except as expressly provided below, the Town shall not intentionally damage, alter, modify, or change the Artwork without the prior written consent of. the Artist. (c) The Artist acknowledges and agrees that the Town may require the Site for purposes other than the display of the Artwork. The Town agrees that it will notify the Artist of any proposed alteration of the would require the removal or relocation of the Artwork or a appearance of the A rtwork and will con.~~j!iWith the ArtiS the planning and execution of any such removal,r~location, or alteration will make a reasonable effort to maintain the integrityoft.~~,Aftwork. (d) The Artist '. agreestl:!a!,the Town retains the right to " I~~~for any reason, at the sole zards to public health, safety or welfare; f the Artwork; or the need to access, repair ;\~':~~~~A~ rovidel~bove, the Artist expressly waives, for himself and his successors in interest, to the greatest extent allowed by law, any rights he or she may have underCalifornia Civil Code sections 986, 987, 988 and 989. ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE 2-1 AGREEMENT AMOUNT AND PAYMENT (a) The Artist's compensation under this A greement shall not exceed TWO HUNDRED FIFTY- THREE THOUSAND, FIVE HUNDRED DOLLARS 9 j Contract No. ($253,500), which will constitute full compensation and payment for all services to be performed under this Agreement including artists' fees, execution, . fabrication, artist and/or agent travel, transportation, and installation, (b) Except as provided by laws goveming emergency procedures, officers and employees of Town are not authorized to request, and the Town is not required to reimburse Artist for, commodities or services beyond the' scope of this Agreement unless the changed scope is authorized by am?,n,~111~n(~nd approved as required ',\, , or 'by law. Officers and employees of Townill-~?not author;i~at offer or promise, nor is Town required to honor, any ed or promised addih9Qal funding in ~, 0(""" excess of the maximum for this Agreement without amendment of the Agreem , . ,;\;:~ft)l!>'c\ AND ALL OTHER PROVISIONS OF"THISAGR MENT. ::~f:>;? ~ -"~'" ,:!,:;f:;" , "Y:'; ~>;.':?~ ::.,.,,:.'" ~.-;:i_< .:"" -",':;':,:':::';. ", -"> (c) Town'sha:iI?make:.payment~;a~cording to th'e Project Schedule, (d) All requests forpa.yment shaif:be submitted to the Director in writing for review and approval and mustbe accompanied by a detailed invoice and original . receipts and other docUln,{lntation as required by the Director regarding the work . d 'i\2\L$k' be issued within 30 days of approval of detailed invoices and requests,..'? payment by the Director. 2-2 ARTIST'S EXPENSES The Artist shall be the sole responsible party for all mailing or shipping charges on submissions to the Town, and the costs of all travel by the Artist and the " 10 . \ . . . Contract No. Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3: WARRANTIES 3-1 WARRANTIES OF TITLE The Artist represents and warrants that: (a) (b) Except as otherwise disclosed in unique and original and does not infringe lIpbrl any (c) That the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) The Artwork is or claims from any source whatsoever. 3-2 m a '\y::'" The Artwor~, as d~signed, fabricated and installed, (i) will be free from any defects in l,!1~terials and workmanship; (ii) is suitable to withstand without cracking, chipping, pealing, facing, rusting or otherwise deteriorating, the climactic and environmental conditions commonly experience within and in the general vicinity of the Town of Tiburon; and (iii) is durable, taking into consideration that the Site is an unsecured public space that may be exposed to 11 Contract No. elements su ch as weather, temperature variation and considerable movement of people and equipment. ; and . (d) Reasonable maintenance of the Artwork will not reqUire procedures substantially in excess of those described in the maintenance recommendations by the Artist to the Town; (e) The warranties described in this Section 3-2 shall survive for a period of five (5) years after final acceptance of the Art'Y~I'k.;;;rh~, Town shall give notice >;,,\:::~'r;J~;L' , ' ''<fiij~}1~~~ to the Artist of any observed breach with rei~6hable prompt~~~s. The Artist shall, at the instruction of the Town, and. easonably and is curable by the Artist and which cure is consistent wit~'pt9f~~~,ional stan~~~s, including for example, cure :~~1~;i'" "'::::~!\i~;%r~3iP_;"" '~:':::::k~:,:< by means of repair or re-fabric'afipn On?~"~rj:'Y~rk'isdetermined by the Town. <'0',,<;. 3-3 WARRANTlESOFARTWORK', The Artist represents and warrants that the Artwork will not substantially vary or devia.tefrom the Tpwn approved AliJ'work without the prior written consent of the . Town. ARTICLE 4: INSUR1~cE 4.1 ConttiCtor shalIprQ~ide and maintain insurance as set forth in this Article on --:;>:~"t- '0:.t~~;,.. > behalfofT6. (a) Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 or equivalent. Policy limits shall be no less than one million dollars per occurrence for all coverages and two million dollars general aggregate. Town and its employees and agents shall be added as 12 . . . . Contract No. additional insured using ISO form CG 70 57 (03-96) or equivalent. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Town or any employee or agent of Town. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. . Coverage shall contain no contractors' limitation ~:;;,!;)\H' endorsement. There shall be no endorsement or modifit~tion limiting the scope of coverage for liability arising from pollution, /i'h-' n, collapse, underground property damage or employment-related practices. , :r; ">{, ':_;i::",:,~ (b) Business Auto Coverage shaIJ:S'l~ritten onlSO Busine~~(A.uto Coverage from CA 00 01 or equivalent including~yrnb.ol ,leAny Auto). Limits shall be no ~ w~:4~~j'~? less than one million Thi~PQJicy shall be scheduled as ,.; ".-t':,:::,> e uiredabove for a total limit of no (c) rs Liability: Artist shall provide workers Employers c::~. ; na\?ility coverage, ~llll be scheduled under any umbrella policy described above. <>\ ~t~,~ -'^< ^'-' Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner. 4.2 Before commencement of any work at the site, the Artist shall secure all insurance required under this Article and provide written proof to the Town Attorney, nor shall the A rtist a llow any subcontractor to commence work 0 n any subcontract 13 Contract No. until the subcontractor has obtained similar insurance submitted proof thereof to the Town Attorney. . ARTICLE 5: COPYRIGHT 5-1 Copyright in the Artwork and related design, drawings, sketches, and models will be owned by the Artist until acceptance of the Artist's Artwork by the Town owned jointly by the Town\.,." this Artwork pursuant to Section 1-6 hereof. Notwithstanding not to make use of such copyright in the performance by the Artist of the A of the Exc~pt as expressly authorized by this made by the Artist or the Town without the writtenc6ri~ent of the other, which consent will not be unreasonably withheld. 5-2 The Artist cel1ifiesthat tl~e' Mt~6rR:is a unique work of art especially designed . 5-3 shall:not duplicate or reproduce the Artwork nor shall the Artist ,.."...., ':"<(Ij::t3: exdpt with the written permission of the Town. right to reproduce and distribute in printed form and on cuments and or brochures or any other literature of the Town, photographs, realistic renderings, videotapes, or films of the Artwork. Such reproductions and use of the images of the Artwork for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the Town to the Artist for such use. ,14 . . . . Contract No. 5-4 CREDIT TO THE ARTIST All reproductions of the Artwork by the Town shall contain a credit to the Artist. 5-5 CREDIT TO THE TOWN The Artist shall use his best effort to give a credit in any public showing under the Artist's control of illustrations of the Artwork as follows: "An original work 6-2 ~ owned and commissioned by the Town ofTiburon, Ca: ARTICLE 6: ARTIST'S RIGHTS 6-1 MAINTENANCE The Town shall reasonably protect the ravages of time, vandalism, skate in accord with the instructions of the Artist pr printed form and on non-corrlmercial dvertising or promoting the Artist and ,the tm~nsional images such as photos, slides or realistic ,;' ,s< pes, or films of the Artwork as installed and formally accepted by the Town. Such reproductions and use of the images of the Artwork for \ promotional.and educational purposes shall be deemed to not constitute a breach I ' of copyright in any way and no royalty fee shall be due and payable to the Town for such use, Such reproduction and images of the Artwork for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the Town of Tiburon. 15 Contract No. ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and . not as an agent or employee of the Town. The Artist shall not be supervised by any employee or official of the Town nor shall the Artist exercise supervision over any employee or official of the Town. The Town alerts the Artist to the provisions of the Labor Code S 1771, which may require the payment of prev~g~ngwages. ~::y;;..*:/ Neither the Town nor the Artist shall assign 0 inheritance in this Agreement without prior e Artist may subcontract portions of the services to be prov edit ~~):~~~:?,::i~f~~L> provided that said subcontracting sh~U~notaffect the esign, appearance or visual quality . -~<',. ' ':',.:..:,>,:' ~J^:- '.,. ':'.;' .. :.-\\ 0,.,; , _, of the Artwork and shall be carried o~iunder ~heper~onal supervision of the Artist, and ,--v,- ., 'j.,.:"/ in accordance with al1~ppIical5f~,laws, ARTICLE 9: TERMINATION; . '<.'j Ifeither party to this Agreement'shall Wi11fiiIly or negligently fail to fulfill, in a timely or 'olCite any of the covenants or agreements material to this . pa y shall thereupon have the right to terminate this notice to the defaulting party of its intent to terminate, specifying the groul},s for termination. The defaulting party shall have ten (10) days after receipt of the notice to cure the default In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the Town's option, become Town property, This, however, shall not relieve the Artist of 16 ~ . . . . Contract No. liability to the Town for damages sustained by the Town by virtue of any breach of this ( Agreement by the Artist. In addition to all other remedies, the Town may reasonably withhold payments to the Artist until such time as the exact amount of damages due the Town from the Artist is determined. ARTICLE 10: CONTRACT ADMINISTRATOR iIII The Contract Administrator for this Agreement shall betfie Director or his or her designee. ARTICLE 11: NONDISCRIMINATION In carrying out the performance of the servIces designated, the shall not discriminate as to race, religion, sex, age, sexuar9Dj~ ti;ltion, national origin, the presence 4<(:::::\<:" ~c of any physical, mental or sensorY~handica law. ARTICLE 12: The Artist shall federal and state laws and Town statutes, performance of the Artist's services under ARTICLE 13: ENTIRKA'GREEMENT This writing embodies the entire agre~ment and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 17 Contract No. ARTICLE 14: MODIFICATION No alteration, change, amendment, or modification of the term of this Agreement shall be . valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the Town. ARTICLE 15: WAIVER ARTICLE 16: GOVERNING LAW; VEND operate as a waiver of No waiver of performance by either party shall be any subsequent default of any terms, covenants, or payment or acceptance of fees for any period aft(J of any right nor an acceptance of performan The laws of the State of Califonii~>sh~1Jgovern tliis:1\greement, regardless of where /., ,{ - executed or performed. The County of Marin ,shall be 'the venue for resolving any ,-.,:::::.,'",:."" '<: disputes arising out oftl1is Agreer:nent. ARTICLE t 7: HEIRS AND ASSIGNS This Agreement .shall be"oinding upon ana'shall inure to the benefit of the Town and of _~,'~,;~"'-- ,::, . _'_,":":. ):i{.~<<:i the/~nist and oftheirS!~~pectiveheirs, personal representatives, successors, and permitted 9\{;/:-" . . ""'/' asslgns;'\:c~i~ . "'};:":'.'n and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery and receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt requested, postage-prepaid as follows: 18 . . . . Contract No. Town: c/o Director of Public Works Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Artist: Jeffrey Reed and Jennifer Madden Reed Madden Designs 10 14 Curtis Street Albany, CA 94706 ARTICLE 19: ATTORNEY'S FEES the Should any action or proceeding be' ARTICLE 20: EXHIBITS are attached hereto and 19 Contract No. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by his respective authorized officers or representatives as of the day and year set forth on page one of this Agreement. . ATTEST: TOWN CLERK APPROVED AS TO FORM: TOWN ATTORNEY JKFFREYREED, ARTIST 'JENNIFER MADDEN, ARTIST -/", . 20 . . . . EXHIBIT No.L A CIVICJOUNTAINJO~R TIBURON CALIFORNIA REQUEST FOR QUALIFICATIONS July 5,2004 Reed Madden Designs 3944 lime Avenue long Beach, CA 90807 Dear Mr. Reed and Ms. Madden, As discussed in our phone conversation, on behalf of the Tiburon Town Council, and a Committee of Tiburon and Belvedere Citizens, we are pleased to ask you to submit your qualifications to be considered for the commission of a civic fountain for downtown Tiburon, CA. The fountain will occupy the most prominent location in historic downtown Tiburon. It is intended to provide a , gathering place for. our citizens and guests and memorable thematic imagery through the joyful animation of water, light and movement. With this letter we hove included: o 1" = 20' plan of the site o 1" = 20' aerial photograph of the sne o a site photograph o Fountain Project Parameters - Outline of parameters and characteristics for the fountain. The Process for awarding the commission and executing the project are outlined as follows: o Request for Qualifications [RFQ] sent by Tiburon July 15, 2004 o RFQs returned by artists August 15, 2004 ' o Selection of [up to four] finalists to be asked to submit Conceptual Designs September 15, 2004 The conceptual design will be represented by drawings, a written description of the design and its water operation, lighting and other features and materials as appropriate, a photo montage of the design in place, and a model at a scale of no less than 1/2" = l' - 0". The conceptual design will also be accompanied by a cost estimate by the artist and licensed building contractor. The artists selected to prepare the Conceptual Design will receive an honorarium of $5,000 upon the presentation of the Design. o Presentation of Conceptual Design to Co,nmittee November 15, 2004 o Public Presentation of the Conceptual Designs to the Town Council November 20, 2004 o Designs Remain on Public Display November -December , 2004 o Council will announce its selection of the design to be awarded the commission .December 1, 2004 During the fundraising period and through the completion and dedication of the fountain the Conceptual Design Presentation materials will remain in the possession of the Town of Tiburon for its use. .. DAher fundraising, the com~ission for the work will begin. The Town of Tiburon Building Department and Public Works Deportment will receive engineering and building permit applications. Fees will be waived by the Town of nburon. Upon receipt of building permits, the artist and his/her contractors may begin work. D Completion is anticipated nine months aher the commission is awarded. . The Request for Qualification [RFQ] should include the following: D Artist's vita, commissions, awards and publications os appropriate. Particularly important will be information about other public art projects and fountains. ' D The artist will be responsible for the entire project. The artist will assemble and direct the team of fabricators, engineers, suppliers and builders to complete the entire project. A written description of the process os envisioned by the artist and the names and qualifications of the other members of the artist's team should be included. D A portfolio of the artist's relevant work. This will remain with the Town of Tiburon until the selection of the finalists or if selected os 0 finalist, then until the award of the commission. It will then be returned to the artist, if requested. [J The names and contacts of references from other communities or individuals who hove commissioned similar projects from the artist. D The artist's agreement in principal to the process os discussed in thisle"er. The Committee would also be interested in the artist's comments and suggestions regarding amendment of the process. No preliminary design for this commission is required for the RFQ Please address your RFQ package to: Mr. Pat Echols Director of Public Works/Town Engineer - Town ofTiburon Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 We ore sending the RFQ to a limited number of artists (fewer than 1 a). We ore very excited to begin the process of design and construction of the town fountain project. We have received much public support and expressions of financial participation for the fountain and we look forward to working with you. . Sincerely, V\N\ Miles Berger - Vice Mayor , To u on (c Tom Gram, Alice Fredericks, Alex Mcintyre, Pat Echols . ~\ . ... . ~ ~ -; \If ~ ~ J \() ~ . . ':',7" ~~ '-J~ %~ , \ ,~-~ :,!~~.. .~~---......~.~~.", [( ~ "-,'" f \ :> \ \ i '. ~. 1\ ," I ~--._--_.--j \ --..-....--. ~,-'---""" .....--.. '~ff~) -t/ '" 'ii, . ...t~ :~~ -\ \t ", , "" ,,~ In) ~ ~ ~ S i .i i i ! . ! I '~::;::o:::::=::;:':''''\,.., :':;1 _\\ I (~) 1 ~.... '\ .~. .... ~. ~! ~ e0 {~) 'J, "'i <1" ,~ .... .~ \ \~\ (~~ .:~ \':~:'''' .......... Ii f ,,:::.~~;?:/ ..-.... .' ~~ ~. ;\; g ":~ ,:i'21i!ft;] ,;). ..i~ \ \ I I I \ \ \ ~ lj ~ \ \ 'i \ \l \ \ \' \ ~~, '\\\\ , " \ '~~. /) '\.\ \ ',,)(, i "i , ,< -/,<",{ ::,. ;:(~, '" ":'1. \. ", ,..,> l,' (~ ~~ ~~ -&. _.,<'~~~~~;~~ .~~, ~ ~ . ~. \ g~ ~~ \J~- - \ ,,-1 ~1 ,7;,l1:"-- -? )...:1/ \ m .._ \ ____m __'_ \ ..f ,/" j".... -\ ........ \ \ \ \,~\ ( ","". ,-' j -1,"" \ ,-" -:;:~''l ~,,_.l ' \~... ~~.... ~ ""....1 .~~~1.:> ....... .....~ ..~..~..~~..,~,~~:..,.. . (-....I .~'.," './ '~~~:j:':~~~~:~\~ :,: ':- .", ,,,. ,~, ,,' / " ~'" '-'V,/ ''!l' V < \', .. " '.'-. -"- ....... ,,~', k,,;,.' .-. ~'''' -~ ~- .t\~~~, '~',_;t:..1L"l .....:,:,....,... .~,-, ,<,. )., / .... ' ",..:::.~' "'/' ':", '",0. .;..:;.:.~~ .'<.'" "- ',> ,)., . "', "'" ~ :- 0/.4\" ,! "'" " ../..' . ,~ "" /-:" "" ';;...:,~, ,/__ _ ' '" 'f,<" . ',' ~~ """ ~....~') ~ ,:"~,/\.', '-. ~~'-,. ,:~,:.~',",,!.,,-',. ..._"'../" ,..I....,','.,',)$~~:~ ~~*... </ ~):--'" .. >:;;~~ . ~.,' -:f_,' '0 \ ~, " """ - ""'"..">. ,,./ "" " ,) , ," i II _ J ~,. '..... i' ' "- ~ -' ~ ,.. // ~.l%. ~', . 'i:t. - ~'" · C -"'- ,<",~ '\. ' / .f " /----------. ' ',C ,., /r~ r"'" U~ ! /,1 -;t~'b:, ~ / '.,\ "'s. ; ~',*,,>( , ~ ,/' ....,<,~ .... ~ /II i ' ~),....:--'" ~~~" ", ':-' '- \-,'~_":,.,.,<J,.'," (I // !. ,,' 'n :t ',-." "'- ".......~, ~ , ,. , ' Ii ".' ,"-"/ A, "", I , 0 \ "\. ) I ,~...' '/... '0 ..,........! '''',-" ,/;' " "'\~~\ ~ ',<>\, '-"--// .~ ~ " " '< t [J --; /:.....--"'-. '~~-'''''' <.1 / ". ... -:;-~ r..:> ".t:._.. ~ ....\,'''' .' (rIO"~, " ~ ~' - i \,t'.~1 ~ \.~; " /- -)' ',,->,:'~-:~;' .. ~ -- ~ " ~,o '~ i;-{i.):)" ,f -;;,~ 1,- -, """~>" '.. "'-~..r' , ."" ,- -' ~ .. ' r r' ,_ ^,OiK" - .-'- " ''':::0.',.:,.' "0 ' ' .. " -, ' . .11 'i-''' 'i. f-- !?" - "- . , l ',1 fBI 'T,,~'.~7 f O;l-:V~ -~'" 1 I -1,- ~v r~ 'l, , · 'C t n&' --:::, '.2':/ . ' I I- f' .~ (~{, j- '~,~ if ~ -- ,-' , --- ~-, I I feo g t1~' 1" l- if(Q})~ 'It>, r- :;c.~ '~ 1- ..r-., f-, 1-'- t- r.- f- f-- ,,- t-. 1 r"- 1-- .1-__ ! I ./ / I ~ ;::; ~ \l \ /~ />:~:.-;.>",. /<:;~.: /J~" II? I'i III III 1/1 lif lJi Iii ill /1/ \\ , ' \ \ \ " (v' ,,,->. '.... / (I tril, r'i,"~ I I If o (M'" (f(o'il-,)~ \~;J~' ~~ ~~ '~:~ , , I o N dl .-i B U) -- -- -- -- -- -- ~ o Z E-t ~ P=l ~ b:l ~ ~ . . . EXHIBIT NO.~ e, "Coming About" by Jeffrey Reed and Jennifer Madden A shark's fin. A bird's wing. Seven sails glistening above the bay. All of these forms take to life through the graceful rotation of the 12-foot-high, brushed stainless steel sculpture. A shallow reflecting pool below catches the forms above, infusing them with nuanced movement as a gentle flow of water cascades over its infinity- edge. Two benches envelop the pool, evoking the profile of a boat from afar -- its name, "Tiburon,u is etched into the starboard hull. Additional e seating creates viewing opportunities from multiple angles, giving rise to new forms, born of imagination. The sculpture glimmers at night thanks to indirect lighting within the pool and at its edge, transforming the arching sheets of steel into a beacon for the downtown, both day and night. e . EXHIBIT NO.~ 1b Ct S.J,~ U g., . . ' . s.-r :n ~<" ill ~~'\.;.,~~".IlI"'7"-..;:n"'~~I..'J::J;'I""", - ~'''._=''''''."''"'''o~o''''....''~.''''''''~ EXHIBIT E Scope of Work Sculptural Fountain "Coming About" . The following describes the scope of work to be undertaken by Reed Madden Designs to create a sculptural fountain and seating area for the town of Tiburon. The sculptural fountain will be constructed and scaled as proposed in the model presented to Tiburon Town Council in January, 2005. Reed Madden Designs will provide the following: · Work schedule and payment plan · Construction drawings for city pennit with structural engineering by Jacob Feldman. (City will waive any permit fees.) · Schematic pump and fountain specifications by fountain engineer - Goepp Associates. · Donor plaque purchase and installation with dedication per Town Funding Agreement with Laleh Zelinsky · Title plaque purchase and installation with title, date and artists names · Plumbing and electrical hookup from city services to vault and fountain. (Town will provide water, sewer and electrical hook ups to site or will reimburse artist for cost of this work) · Vault excavation, installation and plaza resurfacing for vault hookup. (Resurfacing for main water and electrical lines done by the city) · Demolition and removal of existing circular-tiered planter ~ Construction and installation of fountain sculpture containing: Seven Sail-Tail kinetic sculptural elements in orbital-brushed stainless steel Pool: approximately 22- foot diameter; max. 18" deep Two approx. 12-foot infinity water edges with grating and trough for catchments. . Boat-wall & bench (colored concrete with stainless steel suspension rods) 8' Lens-shaped bench (colored concrete) Single arc bench on pool edge (colored concrete) Walking surface between "boat" benches (colored concrete w/groves every 2") 3' x 55' Perimeter concrete surface with seeded rock for anti-skateboarding. 50' concrete or stainless-steel cub to deter leaflitter in water catchment. · Install waterworks & lighting components Adjustable Low Profile Underwater Lights (minimum 16) Electrical-Plumbing Vault by Fountain People, Inc. (or equivalent other) containing all controls, recirculation pumps, ozone filtration, and water treatment systems. Features include: Heavy-duty FRP enclosure, structurally engineered and certified for in-ground installation; full electrical clearance per NEC standards; thermally protected pumps; forced air ventilation system; automatic sump pumps, interior heavy-duty light fixtures; OSHA approved fiberglass ladder; non-skid rubber floor mat; lockable lid with lock-open arm, stainless steel lock hasp, and stainless steel hinge; stainless steel anchors and tie-down cables; main pump strainers; 18" sand filter 'with multi-port valve; 1 "-2" water fill station (Auto Fill) with solenoid valve, pressure reducing valve, water hammer arrestor, and hose bib with hose. Wall mounted maintenance procedures for all equipment. . Plaza resurfacing around perimeter to restore plaza to pre-work condition . . 6/28/05 EXHIBIT F . Timing & Payment Schedule Sculptural Fountain "Coming About" Overall budget for project (as outlined in "Scope of Work" document): $253,500 Phase One: (July and August) Complete all design documents and engineering. Phase Two: (September through December) Design development: create prototype mock-up and material samples, test water movement and edge treatments. . Phase Three: (January and February) Completion of all off-site fabrication of stainless steel sculptures and mold work. Purchase of fountain equipment and lighting. Phase Four: (March, April and May) Demolition and fountain construction on site. Completion expected by the end of May. . Schedule of Payments: $50,700 (twenty percent) upon execution of this Agreement $50,700 (twenty percent) at completion of phase two $76,050 (thirty percent) at completion of phase three $76,050 (thirty percent) at Final Acceptance by Town ., . 6/28/05 ENCROACHMENT PERMIT SPECIAL PROVISIONS .~. Town ofTiburon. 1505 Tiburon Boulevard. Tiburon,CA 94920. P. 435.435.7373 F, 415.435.2438 Office of the Town Engineer / 415.435.7388 LOCATION OF WORK: TIBURON FOUNTAIN PLAZA EXHIBIT NO. Gr PERMIT No. Applicant to conform to Special Instructions as indicated below: GENERAL Permit valid until this date. . o Submit engineer's or contractor's cost estimate for work within public right~or-way. o Fee paid is the minimum fee for this work. Per Town resolution, permit fee is 3% of the value of work within 'the public right-of-way ($300 minimum). Accordingly fee is $ payable before construction begins. o o o li ~ [i(' ~ ~ if . Applicant must renew permit to perform work after A performance bond shall be required in the amount of $ _cash/check Certificate of Deposit Instrument of Credit Bond. Bond shall be Insurance Sidewalk and/or driveway shall be sawcut at existing score lines and the entire section removed and replaced.' ' Permit is for work within the Tiburon public right-of-way and public property only. No work to be done in existing street pavement area. All work shall be done in accordance with the latest APWA Green Book (where applicable). All work ~hall be done in accordance with the applicable sections of the CalTrans Standard Specifications. All work shall be done in accordance with the latest Marin County Standard Plans and Specifications (where applicable). Before starting work, the applicant shall designate a representative and his/her on-site phone number. The representative shall have complete authority to act for applicant. An alternate representative may be designated as well. The representative or alternate shall be present at. the work site whenever actions of the construction necessitate their presence to protect the work, persons, or property. Any order or communication given to the representative shall be deemed delivered to the applicant. . On-site phone number Representative: Alternate: On-site phone number [k(' Applicant shall provide Public Works Department with a written work schedule five (5) days prior to scheduled start date. D Applicant shall not begin work on a section unless all previously started sections are either . completed or are actively under construction and applicant has the workforce required to start a new section without affecting the progress on previously started sections. S:\Public Works\Engineering Division\Fountain Art Project\E,P. Special Provisions. doc . . .0 Town ofTiburon' 1505 Tiburon Boulevard' Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438 Office of the Town Engineer / 415.435.7388 [tl/' Applicant shall protect all trees and landscaping from damage from construction operations. Root pruning and root crown work shall not be performed without the supervision and guidance of the Public Works Department representative. All roots 2 inches in diameter or larger will be examined and preserved. The applicant at no additional cost to the Town shall replace facilities and landscaping in the public right-of-way damaged due to the construction operation. No heavy equipment will be allowed from the face of curb to the property line. Other I:E( o o EXCAVATION o All excavation, backfill, and resurfacing must meet (A) Marin County Standard Plan 991, or (B) Town standards, if attached. For trench and resurfacing designs not in conformance with the standard circled above the applicant shall submit engineered drawings to the Town Engineer for approval. o Trenching is not allowed; installation shall be by boring or jacking only. An excavation at, the connection and potholing for obstructions will be allowed. o o feet at any given time. Open trenches shall not exceed Excavations which have not been backfilled permanently by the end of the work period shall be covered with steel plates strong enough to support prevailing traffic. Plate bridging shall be secured against movement. Plates used for bridging shall extend one-foot minimum beyond edges of trench. Temporary paving materials (premix) shall be used to feather the edges of the plates to minimize wheel impacts. Compaction testing and reports are required for all recompaction of trench fill material. Materials shall be compacted in accordance with the "All Cities and County of Marin, Standard Specifications and Construction Details." o Backfill shall be Control Density Fill (CDF), or other approved slurry backfill. All slurry backfills'shall contain between 200 and 250 pounds of Portland cement per cubic yard of slurry. A mix design for the slurry backfill shall be submitted to the Department of Public Works for review prior to issuance of the permit. o o Excavation in this area must be cleared through the Marin County Department of Environmental Health. o No cutback allowed for temporary trench restoration. o Temporary restoration shall be hot mix asphalt ~ Other: Brick pavers and other existinQ surfaces removed or damaQed durinQ construction shall be restored to match adiacent surfaces. SURFACE RESTORATION o Pavement must be slurry-sealed to a width exceeding the trench edges by 3' in all directions. Applicant shall reimburse the Town for its cost to slurry seal the traffic lane or shoulder above the trench. S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions.doc Town ofTiburon' 1505 Tiburon Boulevard' Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438 Office ofthe Town Engineer / 415.435.7388 A minimum overlay of 2" of A.C. is to be placed in the area of construction to a width of feet. Grinding may be necessary for edge matching, The traveled way of this street is to receive an overlay of slurry seal through the area of construction. o The applicant, at no additional ,cost to the Town, shall replace traffic markings removed or damaged due to the construction operation. o o . o Other TRAFFIC CONTROL o Submit a complete traffic control plan to the Town Engineer at least five (5) working days prior to the start of construction. Project may be stopped if condition not met. The traffic control plan shall include all streets and locations where work is to be performed and shall indicate each stage of work, closure dates for street and/or lane, section of closure, signage, flagmen and any other pertinent information. The traffic control plan shall be reviewed and approved by the Town Engineer before the contractor shall begin work. Plan shall include which parking spaces will be made unavailable to the public. (E( Coordinate traffic control plan and all temporary road closures with the Tiburon Police Department. o Hours of work in street pavement will be limited to o Traffic control during construction shall be in accordance with the current edition of the "Work Area Traffic Control Handbook (WATCH). [!(" Traffic control (if necessary) during construction shall be in accordance with the current CalTrans requirements. . o o lane(s) of traffic must be maintained in each direction at all times. At least Applicant shall make arrangements at their own expense for a staging area for the temporary stockpiling of material and equipment storage. The Contractor will not be allowed to use public streets or property for such purpose without written approval of the Town Engineer. Applicant must notify the Golden Gate Bridge Transit Authority 48 hours prior to the beginning of any work which may interfere with normal bus operations. Emergency access is to be maintained at all times. Charge for use of metered parking Trucks used for the exporting or importing of soil, rock or other granular materials shall be limited to a maximum capacity of six (6) cubic yards. Ready-mix concrete trucks are exempt from this size restriction. Other: Pedestrian access (ADA compliant) must be maintained around the construction area at all times. o o o o u{ . S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions.doc . . . Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438 Office of the Town Engineer / 415.435.7388 PUBLIC RELATIONS ~ Work shall be accomplished in such a manner as to provide access to all side streets and properties whenever possible. If access to adjacent properties cannot be provided, make direct contact with affected residents/merchants at least 48 hours in advance. D Post project limits with notification signs, with contact phone numbers, at least three days before construction, and provide mailer or door hanger, reviewed and approved by the Public Works Department, to affected properties. D Where necessary, applicant shall post "No Parking" signs in areas of work at least seventy- two (72) hours in advance. The signs shall state the day(s), date(s), and time of construction work. "No Parking" signs shall be placed in full view along the side of the road and not more than one hundred (100) feet apart. ~ ~ In accordance with the Municipal Code, heavy construction noise will not be permitted between the hours of 5:00 PM and 8:00 AM on Monday through Saturday. No work will be allowed on Sundays or holidays. Night work will only be allowed by permission of the Town Engineer. To obtain permission for night work, the permittee shall make a formal request in writing showing the location of properties affected by the disruption of utility service, as well as the properties that will be affected by the construction noise. Work site shall be kept clear and free from rubbish and debris. Clearing sweeping, and sprinkling with water or other means shall be performed to abate dust. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. All cleaning and dust abatement methods must conform to the Best Management Practices (BMPs) guidelines as set forth by the Marin County Stormwater Pollution Prevention Program (MCSTOPPP). Other D S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions. doc EXHIBIT NO. 2. ~ AGREEMENT TO INSTALL ART PROJECT IN MEMORY OF EDWARD G. ZELINSKY . THIS AGREEMENT is made and entered into this _ day of ,2005, by and between the TOWN OF TIBURON, a political subdivision of the State of Califomia, ("Town") and LALEH AND MIRIAM ZELINSKY: RECIT ALS A. " Edward Gafland Zelinsky ("Mr. Zelinsky") was a lon~~~~;'r'?;;i nt of the Tiburon peninsula and frequent benefactor to the Town of Tiburon. His~,~Ay con~~i~ptions to the community include donating land for the Belvedere- Tibur~~.;~.tbrary and tl1e,~jguron Town Hall and providing the principle funding. to restore the.........S......................o,..................u....'..........tBofKnoll Park. Mr.!.Zelinsky served as a model public citizen of the Town and thecomm~nity until his passin' '.' <, 'the fall of2004. B. .4f"fi,:;i\:;ft\ Laleh and Miriam Zelinsky wish to finance a"'i'J.~proBn~,~~J.nemorial to Mr.eIinsky in the Town. The Town agrees that Mr. Zelinsky's adiliira1;>i~life warrants a memorial, although the Town has limited funds aVfl,ilable to devote tb this purpose. C. The Town has selected a fountain'sculpture,"c=?ming AbOlJY' designed by Jeffrey Madden and Jennifer Reed (collectively, ",Artists")to,be ,placed, in Main Street Plaza at the, intersection of Main Stre~tandTiburOJ.?Bpylevarci: T~~.~Ptal cost of this project, excluding . installation ofu1ilities andm(ljntenance,isestimated to be $253,500, which the Town must raise in privaJedonations be~9re commissioning the work by agreement with the Artists ("Artists Agte91l1ent"). L1!~~"a~d Mirial1}.~elinsky have offered to finance the "Coming' About" sculpt~t~.jDits ~!1tir?~:inlm~mOryat!Y1r. Zelinsky. In exchange for this donation, the.I9~nQf Tibti~9qi~g1~~st~~Mr~t~,~ctand complete the "Coming About" fountain ,.~'\,~;~~f;~~ti~ii~,~sig~~~:;:1~..~th the agre~~t'upon dedication language found below. In {tadtlition, the'T n agre s,to maintain the fountain in perpetuity. D. The.Town is please {pagree o'cledicate "Coming About" to him in consideration ofLaleh ancl;NJiriam Zelinsk~g;enerous commitment to finance the project as set forth in this Agree~snt. " AGREEMENT 1. Laleh and Miriam Zelinsky agree to fund the Coming About project cost of$253,500 (two hundred fifty three thousand five hundred dollars) in two installments. The first installment of$100,000 (one hundred thousand dollars) shall be due upon execution of an agreement with the project artists, Jeffrey Madden and JelU1ifer Reed (collectively, "Artists") for the creation and installation ofthe Coming About fountain sculpture. The second installment of $153,500 (one hundred fifty three thousand five hundred dollars) shall be due upon commencement of construction by the artists at the site. The Town assumes all responsibility for the final completion of the project including any additional costs . Fountain Funding Zelinsky, 7-13-05 1 .' . . associated with its construction. 2. The Town will negotiate an agreement with the artists that will provide for site preparation, and fabrication and installation of Coming About as set forth in the Artists' proposal and the Request for Qualifications circulated by the Town in July of2004, all at a cost not to exceed $253,500 ("Artist Agreement"). Ifthe Town is not successful in negotiating and executing the Artist's Agreement within 60 days of the date of this Agreement, this Agreement shall terminate and be of no further force and effect. 3. The Coming About project will include a dedication w!}!~!~~P!~iRe~d of high-quality stainless steel placed at the back ofthe long arcing bench on t4~.~d'g~"oFtn~.rountain. The lower case lettering of the words of the dedication shall be~.~>~font size of€!:~.~~!ast one-half inch and shall be visible on the horizontal plane of the b~.ll~l;i.and centered ontnp(ixis ofthe fountain when approached from the tree-lined plaz~;;>~ont size of dedication 81}a.1'1 be at least one- half-inch high. The words of the dedicati91\~hall be as follows: . '. '" In loving memory of Edward Galland:~~~~!ij~~~;who asked so little and gave so much. For in our hearts;;;;I.;a 'eh and Miriam Z~linsky , No change in wording, punctuation or ma and Madden without prior a, . al by Lale dedications or wordin prior written appr ya unavailable. 4. Miscellaneous. A. Governing Law. The laws of the State of California shall govern this Agreement. R Successors;ihInteres(~'ssignment. This Agreement shall be binding on the assigns and successor~'i,!l interest to both parties. Neither party may assign their obligations 'Under this Agfeement without the written consent of the other party. C. EntlreAgreement; Amendment. This Agreement represents the entire Agreement betwee~;,Ifie parties. This Agreement may only be amended in writing. Fountain Funding Zelinsky, 7-13-05 2 " ~ IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. . LALEH AND MIRIAM ZELINSKY TOWN OF TIBURON Laleh S. Zelinsky . Miriam D.G. Zelinsky . Fountain Funding Zelinsky, 7-13-05 3 9' 17ownofTi.buron . '$17A.FfREP{JR1F . . A.GEND.AITEM..~ , , , , :"e' . :t... . "."",:'. _._"~. . ._' .::'. . ., II . ..,,' .:. : ......:: ....... .:-:.- '''e..."... ...,.. ..."11::.'..... ",.-:". -::'::-,' ....:. ':- ........., .-: .."..'. . ... TO: Mayor and Members of the Town Council i i Heidi Bigall, Director of Administrative Services ~ FROM: SUBJECT: Cypress Hollow Lighting & Landscaping District FY 200li6 Assessments July 20, 2005 REVIEWED BY: MEETING DATE: In 1998, the residents of Cypress Hollow petitioned, and received approval from the Local Agency Formation Commission for annexation into the Tiburon Town Limits. The area was previously in unincorporated Marin County. The County of Marin had maintained and operated a Landscaping and Lighting District in Cypress Hollow for the purpose of park and storm drainage maintenance since the park was created in 1990. Since annexation, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. The California Streets and Highway Code requires the Town to publicly notice the effected residents annually in order to continue the Landscaping and Lighting Assessment District. The Town must provide the residents an opportunity to submit either written or oral protests. On June 10, 2005 the residents of Cypress Hollow were sent via U.S. main the attached notice. To date the Town has not received any inquiries on the proposed assessment. There is no change in the amount of the assessment from 2004-05. RECOMMENDATION It is recommended that the Town Council receive any written or oral protests from residents, if any, and adopt the attached resolution approving the Cypress Hollow Landscaping and Lighting District special assessment for Fiscal Year 2005-06. Attachments 7' . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON CONTINUING MAINTENANCE AND OPERATION OF THE LANDSCAPE AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION IN FISCALffAX YEAR 2005-2006 WHEREAS, the County of Marin has maintained and ,operated a Landscape and Lighting District in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and . maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town ofTiburon, having completed annexation of the parcels in the Cypress Hollow District, herein states its intention to continue the operation and maintenance activitie's of the Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The special assessment levy for the District in Fiscal Year 2005-2006 is established as follows, for continued operation and maintenance District: 034.012.56 220 Rancho Dr. $378.00 034.394.01 10 Monterey Dr. $378,00 034.012.57 110 Monterey Dr. $378.00 034.394.02 20 Monterey Dr. $378.00 034.392.02 10 Cypress Hollow. $378.00 034.394.03 30 Monterey Dr. $378.00 034.392.03 20 Cypress Hollow $378.00 034.394.04 40 Monterey Dr. $378.00 034.392.04 30 Cypress Hollow $378.00 034.394.05 50 Monterey Dr. $378.00 034.392.05 40 Cypress Hollow $378.00 034.394.06 60 Monterey Dr. $378.00 034.392.06 50 Cypress Hollow $378.00 034.394.07 70 Monterey Dr. $378.00 034.392.07 60 Cypress Hollow $378.00 034.394.08 80 Monterey Dr. $378.00 034.392.08 70 Cypress Hollow $378.00 034.394.09 90 Monterey Dr. $378.00 034.392.09 80 Cypress Hollow $378.00 034.394.10 100 Monterey Dr. $378.00 034.392.10 145 Rancho Dr. $378.00 034.394.11 60 Baccharis PI. $378.00 034.393.01 110 Rancho Dr. $378.00 034.394.12 50 Baccharis PI. $378.00 034.393.02 120 Rancho Dr. $378.00 034.394.13 40 Baccharis PI. $378.00 034.393.03 130 Rancho Dr. $378.00 034.394.14 30 Baccharis PI. $378.00 034.393.04 140 Rancho Dr. $378.00 034.394; 15 20 Baccharis PI. $378.00 034.393.05 150 Rancho Dr. $378.00 034.394.16 10 Baccharis PI. $378.00 034.393.06 160 Rancho Dr. $378.00 034.394.18 185 Rancho Dr. $378.00 03;:l.393.07 170 Rancho Dr. $378.00 034.395.01 35 Monterey Dr. $378.00 034.393.08 180 Rancho Dr. $378.00 034.395.02 45 Monterey Dr. $378.00 034.393.09 190 Rancho Dr. $378.00 034.395.03 55 Monterey Dr. $378.00 034.393.1 0 200 Rancho Dr. $378.00 034.395.04 65 Monterey Dr. $378.00 , $378.00 034.395.05 75 Monterey Dr. 034.393.11 210 Rancho Dr. $378.00 . Total assessment charge to the parcels of the District: $ 16,632.00. 1 '\ Section 2. The estimated District budget for Fiscal Year 2005-2006 provides for continuing . operating functions, and reserves funds for capital maintenance: Contractual Services Materials & Supplies MMWD Capital Outlay ~ Facility Improvements Total Estimated Budget: Amount $14,000 2,000 1,000 5,000 $22,000 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on this 2005, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: A TIEST: DIANE CRANE IACOPI, TOWN CLERK. 2 MILES BERGER, MAYOR TOWN OF TIDURON . . ~ , .~. . . NOTICE Town of Tiburon CYPRESS HOLLOW LIGHTING & LANDSCAPING DISTRICT NOTICE IS HEREBY GIVEN, pursuant to California Streets and Highways Code, Section 22626 and Government Code 54954.6, that a written report was filed by the Director of Public Works which contains a description of each parcel of real property within the area know as Cypress Hollow that is benefited by landscaping and park maintenance and the amount of charge for each parcel, which report and summary recommends that each taxable property within the area pay Three Hundred Seventy Eight Dollars ($378.00) per year per taxable parcel. Said parcel tax will appear on the owner's annual Marin County Property tax bill. Reference to said report should be made for further details. Copies of said report are on file with the Town Clerk at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920, for further particulars. NOTICE IS FURTHER GIVEN that the. Town Council Chambers, Tiburon Town Hall, Tiburon, California, on July 20, 2005 at 7:30 p.m. or as soon thereafter as the matter may be heard, has been set as the place, date and time for the ToWn Council to consider objections or protests to the aforesaid Director's Report. Any person may file a written protest with the Town Clerk prior to the conclusion of the hearing, and at the hearing, the Town Council will hear any objections or protests and may continue said hearing from time to time. Upon conclusion ofthehearing, the Town Council may adopt, revise, change, reduce or modify any charge and shall make its determination upon each charge as described in the report. ' For additional information about the assessment, you can call Heidi Bigall, Director of Administrative Services, at 415-435-7379. 4f~ ~.bL~~_~ Diane Crane Iacopi, Town Clerk DATED: June 10,2005 \