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HomeMy WebLinkAboutTC Agd Pkt 2015-06-17 (2)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 17, 2015 Agenda Item: /J/ STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Recommendation to Appoint Benjamin L. Stock as Town Attorney and Approve Contract for Legal Services with Burke, Williams & Sorensen, LLP BACKGROUND After 19 years of service to the Town, Ann Danforth retired from her position as Town Attorney effective March 31, 2015. To fill this vacancy, the Town Council appointed an ad hoc committee of Vice Mayor Erin Tollini and Councilmember Alice Fredericks, requesting them to work with staff to develop and distribute a Request for Proposals to qualified firms and individuals, review submittals, interview candidates and propose a short list of candidates to the Town Council for its consideration. The Council met in a Special Closed Session (Personnel) on May 26, 2015 and interviewed several candidates for this post. Council subsequently directed the Committee and Town Manager to negotiate a contract with the firm of Burke, Williams & Sorensen, LLP, ("Burke") for the legal services of Benjamin L. Stock as Town Attorney. The contract identifies Samantha Zutler as Assistant Town Attorney, who would serve the Town when the Town Attorney is unavailable or when additional services are required. Burke is one of a select number of private law firms to have established the specialized practice of public law in California. The firm provides public entities with a full range of legal, advisory, transactional and litigation services and has offices located throughout California, including one in San Rafael. Mr. Stock is a partner in the San Rafael office; he has nearly 15 years of experience assisting public entities with both litigation and general counsel services. Mr. Stock has served as Assistant City Attorney for various cities throughout the Bay Area, and currently serves as District Counsel for Sanitary District Number 5 and Eastern Contra Costa Transit Authority. FINANCIAL IMPACT The attached contract provides for an hourly rate of $215.00 for basic Town Attorney services. Funds for Town Attorney services are provided in the Town Budget. TOWN OF TIBURON PAGE 1 OF 2 RECOMMENDATION Staff recommends that the Town Council: Exhibit: Prepared By: Town Council Meeting June 17, 2015 Move to appoint Benjamin L. Stock as Town Attorney and approve the attached "Agreement for Town Attorney Services" Agreement for Town Attorney Services Peggy Curran, Town Manager TowNcit-TII "Rte\ Pagc2oI2 AGREEMENT FOR TOWN ATTORNEY SERVICES THIS AGREEMENT, dated June 17, 2015, is made and entered into by and between the Town of Tiburon, a municipal corporation ("Town"), and Burke, Williams & Sorensen, LLP ("Burke"). RECITALS WHEREAS, the Town desires to hire Burke to provide contract Town Attorney services; and WHEREAS, it is the desire of the parties to enter into this Agreement to establish the terms and conditions for rendition of Town Attorney and special counsel services to the Town; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Legal Services A. Burke shall assign Benjamin L. Stock ("Stock") to act as Town Attorney as set forth herein. Burke shall not substitute another attorney to perform the duties of the Town Attorney, except as expressly allowed herein, without the prior written approval of the Town Manager. Samantha Zutler shall be designated as the Assistant Town Attorney and will assist Stock with providing legal services to the Town and will attend any Town Council meetings that Stock is unable to attend. B. The Town Attorney shall perform the duties generally described in California Government Code §§ 41801-41805, and any and all basic Town Attorney duties and functions entrusted to him by the Town including, without limitation, attendance at meetings of the Town Council and other Town bodies as requested; rendition of legal advice on Town matters to Town staff; preparation of ordinances, resolutions, contracts, and other legal documents pertaining to Town affairs; preparation of opinions regarding Town matters as requested by appropriate Town officials; general advisory services for employment and land use matters; and general municipal advice to all departments of the Town. C. Burke shall also provide special counsel services such as personnel, real estate, construction law, and representation of the Town in all matters of litigation involving the Town unlesupon consultation with Burkmhe Town Council authorizes retention of separate litigation counsel. ' D. The parties expect Stock to perform the Town Attorney services, but there may be certain services where the Town will require the expertise of another Burke attorney. Stock will coordinate, direct, and supervise such services provided to the Town with other attorneys of the firm as necessary. E. Nothing in this Agreement shall preclude the Town from retaining a third Page 1 of 4 party to provide legal services where the Town Council decides that such retention is in the Town's best interest. At the Town Manager's request, Stock shall coordinate, direct, and supervise such services. F. Town recognizes that Burke provides legal representation to public entities throughout California. Legal services will not include matters in which Burke has a conflict of interest that precludes Burke from representing Town, members of the Town Council, or officers or employees of the Town. If Burke has a conflict of interest or lacks expertise to handle a particular assignment, Burke shall provide the Town with a recommendation to hire outside counsel. Town also agrees to exercise reasonable discretion in providing waivers for any potential or perceived conflicts that might arise out of representation of Burke's other clients, which representation does not directly involve Burke's representation of the Town. 2. Compensation In consideration for the rendition of legal services, beginning June 29, 2015, Town shall compensate Burke as follows: A. Basic Town Attorney services shall include attendance at Town Council meetings; rendition of routine legal advice; preparation of ordinances, resolutions, contracts and other standard legal documents; preparation of formal written opinions, and routine real estate matters ("Basic Town Attorney Services"). For Basic Town Attorney Services, Town shall pay to Burke $215 per hour for the first 65 hours per month. For any other Basic Town Attorney Services hours per month over 65 hours, the Town shall pay to Burke on an hourly basis $240 per hour for partner assistance and $225 per hour for associate assistance. B. As part of the Basic Town Attorney Services, Stock will maintain office hours at the Tiburon Town Hall as requested by the Town Manager. While attending those office hours, Stock will only charge the Town for time spent on Town matters even though he may be present at Town Hall for a longer period of time. It is expressly understood that Stock may be performing other client work while at Town Hall, and only charging the Town for matters solely relating to Basic Town Attorney Services. C. Burke will not charge for travel time to or within Marin County. D. For other special services rendered in connection with legal advice provided on non -routine personnel matters; specialized construction/public contract advice; and preparation, prosecution, and defense of litigation and/or adjudicative or investigative proceedings, Town shall be billed by Burke at the standard hourly public agency rate established by and as changed from time to time by Burke provided the Town Manager has approved such special services and rate in advance. Page 2 of 4 E. For cost recovery matters for which the Town receives reimbursement from a third party, upon approval by the Town Manager, Town shall be billed by Burke at the standard hourly rates established by and as changed from time to time by Burke. Special consideration shall be given to minimize reimbursable legal expenses incurred by Tiburon property owners in defense of a Town -issued permit or approval. 3. Monthly Billings; Expense Reimbursements A. Burke shall bill the Town on a monthly basis. Each bill shall indicate the date of the work done, the work that was accomplished, the attorney or paralegal who performed the work, and the fee for the work. The following out-of- pocket expenses will be separately itemized and included in bills to the Town: (1) extraordinary operating expenses, including items such as messenger services, overnight mail charges, extraordinary copying or extraordinary computer-assisted research; (2) necessary travel and subsistence expenses for matters other than Basic Town Attorney Services and located outside of Marin County; and (3) court costs, including filing fees, witness fees, and deposition and discovery costs not paid directly by the Town. B. The Town shall review and approve Burke's monthly statements and pay Burke for services rendered and expenses incurred at the rates and in the amounts provided in this Agreement on a monthly basis in accordance with the approved monthly statements. 4. Amendment; Annual Review This Agreement may be amended from time to time by written agreement of the parties. The Town and Burke agree that there shall be an annual review of the provisions contained in this Agreement to ensure that its terms and conditions are mutually satisfactory to both parties. The parties also agree that the Town Council shall conduct an annual performance review of the position of Town Attorney prior to December 31 of each year starting in calendar year 2016. 5. Termination This Agreement may be terminated by Town at any time upon written notice to Burke and by Burke upon sixty (60) days written notice to Town. In the event of termination, Town shall be responsible only for fees and costs incurred as of the effective date of the termination. 6. Professional Liability Coverage During the term of this Agreement, Burke shall at all times maintain insurance coverage for professional liability. A copy of the policy shall be provided to the Town upon request. 7. Indemnification Burke agrees to defend, indemnify and hold the Town harmless from and against claims or liabilities arising out of the negligent errors or omissions of Burke discharging its obligations under this Agreement, excluding claims or liabilities arising out of the Town's gross negligence Page 3 of 4 or willful misconduct. 8. Ownership Of Records; Retention Of Records Upon termination of this contract, all reports, plans, documents, records, and data or certified copies of same prepared by Burke pursuant to this Agreement shall become the property of Town, excluding Burke's internal accounting records and other documents not reasonably necessary to Town's representation, subject to Burke's right to make copies of any files withdrawn by Town. Once a matter is concluded, Burke will close the file, and Town will receive notice of any Town materials that remain in Burke's possession. Town will be invited to retrieve these Town materials within 45 days of notice, or Town may direct Burke to forward the Town materials to Town, at Town's expense. If within 45 days of this notice Town fails to retrieve the Town materials or request Burke to forward them, Town authorizes Burke to destroy the Town materials. After the 45 -day period, Burke will, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any Town materials that remain with Burke. Under Burke's document retention policy, Burke normally destroys files five (5) years after a matter is closed, unless other arrangements are made with Town. All Town -supplied materials and all attorney end products (referred to generally as "Town material") are the property of Town. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of Burke. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney -Town correspondence and conflicts materials. IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the date first above written. TOWN OF TIBURON BURKE, WILLIAMS & SORENSEN, LLP By: By: Frank Doyle Benjamin L. Stock Mayor Partner APPROVED AS TO FORM By: Robert F. Epstein Interim Town Attorney Page 4 of 4 TOWN OF TIBURON 1505 Tiburon Boulevard i Tiburon, CA 94920 QRtvtp i�4. Town Council Meeting June 17, 2015 Agenda Item: l STAFF REPORT To: From: Mayor and Members of the Town Council Department of Administrative Services Subject: Recommendation to Adopt Resolutions Establishing Municipal Budget Plan and Establishing an Appropriation Limit (Gann Limit) for FY 2015-16 Reviewed By: DISCUSSION Municipal Budget At the regular meeting of June 3, 2015 the Town Council received a presentation and held a public hearing on the proposed Municipal Budget for FY 2015-16. At that hearing, staff identified one Capital Improvement Project that had been inadvertently left off the proposed projects. Staff has now incorporated the carry-over project of the Paradise Drive Repair at an appropriation of $140,000 to be funded with restricted Gas Tax revenue to the Streets Division of the Capital Improvement Budget. Council also directed staff to add a $10,000 appropriation for a contribution to the Landmarks Society towards moving the gallows wheels to the Donahue Building. This new appropriation is added to the Legislative Division budget. It is now appropriate that the Town Council adopt the exhibit resolution approving a municipal budget plan for fiscal year 2015-16. Recapping the presentation at the June 3, 2015 meeting, and as revised by adding the Paradise Drive Foundation project and the gallows wheels contribution, the total Town budget appropriates $14,297,399 in expenditures. The total budget includes $10,076,386 in operating expenditures, $236,635 in capital equipment and IT outlay, $3,226,000 in capital improvements, and $758,377 in debt service. The operating budget is balanced and provides a $525,802 surplus. Appropriation Limits (Gann) FY 2015-16 Proposition 4, approved by California voters in November 1979, established and defined annual expenditure appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to determine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to TOWN OF TIBURON PAGE 1 OF 3 Tcnvn Council :vtkctin ; Buie 17.2015 limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off -Highway Taxes, certain rental income, other revenues and rebates, a share of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Town of Tiburon's Appropriations Limitation for FY 2015-16 is illustrated below: Gann Limit Calculation — FY 2015-16 Amount 1. Previously established limit, July 1, 2014 2. Adjustment Factors Per capital personal income Population growth $7,966,178 3.82% 0.67% 3. Multiplier, for adjustment to limit (1.0382 x 1.0067) 1.04516 4. Annual Adjustment Amount (1) x (3) $359,720 5. Add: legislated pass-through fees County property tax collection $53,000 6. Revised limit, July 1, 2015 $8,378,898 Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must then determine the amount of revenues that the Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. TOW :>L' TIiSl,.RoN i7EtgC' ;'1 3 Town Council \kcr.ing .J unL:17. 2015 2015-16 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $ 6,750,403 B. Exclusions -0- C. Appropriations subject to Limitation $ 6,750,403 D. Current Year Limit (from above) $ 8,378,898 E. Over (Under) Gann Limit ($1,628,495) F. Percent Over (Under) Limit (24.12%) Any additional revenues received during FY 2015-16 that are considered "proceeds of taxes" will reduce the amount the Town is currently under the Gann Limit. FINANCIAL IMPACT By approving the Resolutions as presented, the Council is authorizing the level of expenses, within funds, for the 2015-16 fiscal year, and establishes the Appropriations subject to Limitation amount for FY 2015-16. RECOMMENDATION Staff recommends that Council: 1. Conduct a Public Hearing on the proposed Municipal Budget Plan for FY 2015-16, 2. Moved to adopt the following resolutions: a. Adopting the Municipal Budget Plan for FY 2015-16 b. Establishing the Town's Appropriation Limit for FY 2015-16 Exhibits 1. Resolution Adopting the Municipal Budget Plan for FY 2015-16 3. Resolution Establishing the Town's Appropriation Limit for FY 2015-16 Prepared By: Heidi Bigall, Director of Administrative Services Tod NoFTjii,rzo ['Agc 3 of 3 RESOLUTION NO. -2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON FOR TIIE FISCAL YEAR ENDING JUNE 30, 2016 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2016 at its regularly scheduled meeting on Wednesday, June 3, 2015; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2016; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $10,602,188 Expenditures 10,076,386 Total Operating Net: $ 525,802 Section la. Operating Revenue Appropriation — Estimated Revenues and Sources of Funds for fiscal year 2016 GENERAL FUND Property Taxes $ 4,845,153 Other Taxes 1,565,500 Franchise Fees 690,000 Fines & Forfeitures 144,500 Investment Earnings 37,250 Intergovernmental & Agency 101,500 Licenses & Permits 975,100 Charges for Services 336,800 Other Revenues 125,300 Subtotal General Fund Revenues $ 8,821,103 OTHER FUNDING SOURCES Low/Moderate Housing Fund 33,774 Town Owned Housing Fund 78,002 Page 1 of 5 Peninsula Library Agency 1,517,809 Police COPS/SLESF Fund 100,000 Cypress Hollow Fund 16,500 Long Range Planning Fund 35,000 Total Revenues & Sources $10,602,188 Legislative 61,500 Section lb. Operating Expenditures Appropriation — Planned Department expenditures for fiscal year 2016: Page2of5 AMOUNT ADMINISTRATION Town Attorney $ 255,000 Town Administration 1,138,366 Administration Building 252,600 Legislative 61,500 COMMUNITY DEVELOPMENT Planning & Design Review $ 532,384 Building Inspection 621,650 Advanced Planning 35,000 POLICE Police Department $3,081,963 Police Building 62,600 PUBLIC WORKS Administration $ 366,763 Streets Maintenance 489,121 Parks Maintenance 490,800 Street & Signal Light Maintenance 40,100 Corporation Yard 93,700 Cypress Hollow 16,500 NON -DEPARTMENTAL Insurances & JPAs 908,754 Low -Moderate Income Housing 33,774 Town Owned Housing 78,002 Belvedere/Tiburon Library Agency 1,517,809 Total Expenditures: $10,076,386 Page2of5 Section 2. Capital Improvement Program - Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2016: Page 3 of 5 SOURCES PROJECTS General Fund 737,500 Infrastructure & Facility Fund 40,000 Gas Tax Fund 279,000 General Fund Streets & Drainage Reserve 683,000 Street Impact Fund 825,000 Measure "A" Funds - Parks 56,000 General Fund Park Development Fund 313,500 General Fund Technology 50,000 Drainage Impact Fund 100,000 Safe Routes to School Grants 142,000 STREETS Resurfacing Engineering & Administration $ 750,000 Paradise Drive Maintenance 140,000 Contingency Provision 30,000 Traffic Calming Improvements 20,000 Ned's Way/Tiburon Blvd. Crossing Impvts. 25,000 Blackfield Dr/Tiburon Blvd., Crossing Impvts. 117,000 Gilmartin Drive Area Improvements 145,000 Subtotal Streets Improvements $ 1,227,000 DRAINAGE Stewart Drive Storm Drain Repairs 500,000 Storm Drain Flushing 100,000 Subtotal Drainage Improvements $ 600,000 COMMUNITY IMPROVEMENTS Railroad Marsh Cattail Removal $ 50,000 Hacienda Drive Trail Improvements & Signage 125,000 RUSD Bus Subsidy Program 250,000 Open Space Vegetation Management 26,000 Curb Ramps and Misc. Sidewalk Improvements 19,000 Town Hall - Paint Exterior 40,000 Town Council Chambers AN Improvements 50,000 Blackie's Pasture Two (Path, Grading, Tables) 160,000 Blackie's Pasture Frontage Landscaping 25,000 Old Rail Trail & Blackie's Pasture Signage 7,500 Tiburon Blvd. & Downtown Signage 7,500 Resurface Teather Park Tennis Courts 8,000 Page 3 of 5 Parks Areas Receptacles and Benches AMOUNT 18,000 Tiburon Blvd. Relinquishment Cost/Benefit Analysis Stewart Drive Assessment District 45,000 Tiburon Blvd. Relinquishment PSSR Report 269,060 88,000 Project Set -Aside Del Mar 2010 Supplemental Assessment 400,000 Down Town Improvements (Bollards/Other) $ 758,377 80,000 Subtotal Community Development Projects $1,399,000 Total Capital Improvements S3,226,000 S3,226,000 Section 3. Debt Service Program — Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Main Street Assessment District 38,760 Stewart Drive Assessment District 107,803 Lyford Cove Assessment District 269,060 Del Mar Valley Assessment District 213,017 Del Mar 2010 Supplemental Assessment 129,737 Total Debt Service $ 758,377 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. Page 4 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on June , 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: FRANK X. DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5