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HomeMy WebLinkAboutTC Agd Pkt 2009-06-03TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard June 3, 2009 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (7:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon Wayne et al. v. Town of Tiburon CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger, Mayor Fredericks ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt minutes of May 6, 2009 meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Adopt April 2009 report (Director of Administrative Services Bigall) 3. Commendation for "Blue Zone" Presentation - Approve and authorize Mayor to sign Commendation for Bel Aire student presentation on "Blue Zones" (Town Manager Curran) 4. Cypress Hollow Park - Approve award of contract for improvements to park and authorize Mayor to sign on behalf of the Town (Director of Public Works/Town Engineer Nguyen) 5. FY 2008-09 Street Rehabilitation Project - Approve plans and specification for FY 2008- 09 Street Rehabilitation Project and authorize solicitation of bids (Director of Public Works/Town Engineer Nguyen) 6. Reed Ranch and Ridge Road Overlay Projects - Approve plans and specifications for the Federal ARRA Reed Ranch Road and Ridge Road Overlay Project and authorize solicitation of bids pending Caltrans approval (Director of Public Works/Town Engineer Nguyen) 7. Budget Amendments FY 2008-09 -Adopt year-end "cleanup" amendments for fiscal year 2008-09 (Director of Administrative Services Bigall) ACTION ITEMS 1. Appointments to Town Boards, Commissions &t Committees - Consider appointment to pending vacancy on Library Agency Board of Directors (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. Municipal Budget - Introduction of proposed Municipal Budget for Fiscal Year 2009-2010 (Town Manager Curran &t Director of Administrative Services Bigall) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -May 8, 2009 • Town Council Weekly Digest -May 15, 2009 • Town Council Weekly Digest -May 22, 2009 • Town Council Weekly Digest -May 29, 2009 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CC -1 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frede ' s called the gu r meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednes y, May 6, 2009, in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. Berger, Collins, Fredericks, Gram, Slavitz Town Manager Curran, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Police Captain Hutton, Town Clerk Crane Iacopi The Council heard the following presentations: PRESENTATION REGARDING "BLUE ZONES" • Reed Union School student presentation regarding "Blue Zones" PRESENTATION OF 13TH ANNUAL HERITAGE PRESERVATION AWARD • Presentation by Peggy Bremer, Heritage & Arts Commission Chair to Recipient Hillary Don PRESENTATION REGARDING UPCOMING MAY 19, 2009 SPECIAL ELECTION • Discussion of Ballot Measures by Amy O'Gorman, League of California Cities DRAFT Town Council Minutes #07 -2009 May 6, 2009 Page I Mayor Fredericks presented a commendation to Ms. O'Gorman and congratulated her on her promotion to the Director of Regional Affairs for the League of California Cities. CONSENT CALENDAR Town Council Minutes - Adopt minutes of April 15, 2009 meeting (Town Clerk Crane Iacopi) 2. Annexation Agreement - Authorize Town Manager to execute an agreement regarding annexation of real property on behalf of the Town (Associate Planner Tyler) Property Address: 4984 Ranch Road Property Owner: Kimberley R. and Mark Hutchinson Assessor Parcel No. 038-041-42 MOTION: To adopt Consent Calendar Items 1 and 2, as written. Moved: Berger, seconded by Collins Vote: AYES: Unanimous ABSTAIN: Slavitz (Item No. 1) ACTION ITEMS 1. Annual General Plan Implementation Status Report - Consider Acceptance of Annual General Plan Implementation Status Report for Calendar Year 2008 (Associate Planner Tyler) Director Anderson presented the report and recommended that three programs, OSC-a (Part 2), OSC-f, and DT-I, be abandoned. He said that the Planning Commission had concurred with staff's recommendation in dropping these specific implementation programs. Mayor Fredericks asked whether this was a good time to abandon OSC-f because it might be useful in protecting the woodland areas in development applications, such as Easton Point. Anderson said that he did not know why OSC-f was identified and placed in the draft plan. He said that the Town already had a very strong tree ordinance. In addition, he said that CEQA already provided the mechanism to provide this kind of protection. MOTION: To accept report, as written, and direct staff to file it with the State. Moved: Berger, seconded by Slavitz Vote: AYES: Unanimous DRAFT Town Council Minutes #07 -2009 May 6, 2009 Page 2 2. Mills Act Participation - Consider Town Participation in the Mills Act Property Tax Abatement Program to provide for property tax reductions for certain historic buildings (Director of Community Development Anderson) Director Anderson said the Mills Act, adopted in 1972, was the single most important incentive program in California for the restoration and preservation of historic buildings by private property owners. He said that the cities of Belvedere and Larkspur had participated in the program for many years. Anderson said that participation by counties and municipalities in the Mills Act Program was strictly optional. However, he said that once a county or municipality begins participating in the Act (typically through adoption of a resolution), a private property owner can request a Mill Act Contract with the local agency. This contract must run for at least 10 years and requires the owners to pledge to rehabilitate and maintain the historical and architectural character of the property during the time the contract remains in effect. In addition, the contract runs with the land and is binding on future owners for the length of its term. In exchange, the property owner receives property tax relief from the city and county. Anderson said that the benefits to the town would be to preserve its historic character. He noted that all the historic landmarks in town had been identified, along with 23 properties downtown that were already in a historic "inventory" adopted by the town. Councilmember Gram asked whether these property owners paid property taxes. Anderson said that the historic landmarks (owned by the Landmark's Society) did not. Anderson said that there would be a fiscal impact to the town to participate in the program. He said that the City of Belvedere addressed this issue by establishing a $25,000 per year cap on Mills Act property tax exemptions. He said that he recommended the same sort of cap if the Council moved forward. Vice Mayor Berger expressed a concern about who or what body would define the effectiveness of the methods used in restoration and preservation; he urged that there be some sort of local control over this process. Berger said that he was in favor of the idea of preservation and restoration, however, he said that he did not want compliance with the Act to be burdensome to the local landlords. Director Anderson said that the town and property owner were the only parties to the agreement, but he noted that it was common for the contracts to reference standards for rehabilitation, such as those set forth by the Secretary of the Interior. Councilmember Slavitz asked how the program was working in Belvedere. Anderson said that it had been in place since the 1970's and appeared to be working well. DRAFT Town Council Minutes #07 -2009 May 6, 2009 Page 3 Councilmember Collins asked if the $25,000 cap would be the town's portion and/or what share of the $25,000 would be the county's share of the property tax reduction. Anderson said that the county's share would certainly be greater but that the Assessor would determine how this was calculated. Mayor Fredericks asked for more details on how the $25,000 be spread among property owners. Also, she asked how dropping values in real estate would affect the cap. Anderson said that when the [$25,000] cap was reached, the town would simply not approve any additional agreements. However, he acknowledged that the town would certainly lose property tax revenues under the program. Councilmember Slavitz asked if the tax relief was based on improvements alone; Anderson said that it was based on the entire property tax bill, and that the county would exempt only as far as its cap. Mayor Fredericks opened the public hearing. Laleh Zelinsky asked if the cap would be applied by parcel or by building. She said that she paid $130,000 in property taxes per year on Ark Row, and another $260,000 per year on buildings she owned on Main Street. She said that she was not inclined to put herself under contract for only $25,000 in property tax savings. Mayor Fredericks closed the public hearing. Councilmember Gram suggested that more information was needed on how the property tax exemption formulas were calculated. Mayor Fredericks agreed that this information would be helpful to Council to aid in their decision-making on the issue. She said that the questions were: how the formula was assessed, and what happens if property values increased; whether the cap moved, along with property values. Councilmember Slavitz also asked staff to find out if there was a COLA component in the formula. Slavitz also expressed concern as to what impact this loss of [property tax] revenue would have on the town, especially during the state's current fiscal crisis. Vice Mayor Berger said that a historic district already existed in downtown and that it was an important asset. He said that it did not make sense to leave the preservation of the district solely up to the landlords but he added that further study was needed to see what kind of numbers (exemption) made sense. DRAFT Town Council Minutes #07 -2009 May 6, 2009 Page 4 Item continued. TOWN COUNCIL REPORTS Vice Mayor Berger reported on the Bay Area Air Quality conference he attended. He said he gained useful information on energy grants and projects, wood smoke issues, and learned from attending the housing workshop that 20% of the energy use in this area is from residential sources. Mayor Fredericks said that the Marin mayors had met to discuss the process of formulating and implementing Green Building Ordinances. She said that they wanted to continue the discussion and had asked for a representative from each city and town to join an ad hoc committee. She noted that Planning Commissioner Kunzweiler and Vice Mayor Berger had expressed interest in serving as the town's representative and alternate. TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest - April 17, 2009 • Town Council Weekly Digest - April 24, 2009 • Town Council Weekly Digest - May 1, 2009 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:20 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #07 -2009 May 6, 2009 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Couneil Administrative Services Department Investment Summary - April 2009 Town Council Meeting June 3, 2009 Agenda Item: CC- Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended April 30, 2009. ANALYSIS Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1695729669.29 1.607% Liquid Investment Fund (LAIF) CDARS (Bank $ 295049367.94 0.60% May 14, 2009 of Marin CDARS (Bank $ 290039871.73 0.60% May 21, 2009 of Marin Money Market $ 2509000.00 1.20% Liquid Bank of Marin Total $2193309908.96 Redevelopment Agency Local Agency $190829343.73 1.607% Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the April 2009 investment summary Exhibits: None Prepared By: Heidi Bigall, Director of Administrative Services (A)LIfICil ll4"; gill.", E=the c~:t~'t- 4, 22101(').v) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council _ Office of the Town Manager Town Council Meeting June 3, 2009 Agenda Item: cc e Commendation for Bel Aire Student Presentation on "Blue Zones" Students from Bel Aire School made a presentation on "Blue Zones" at the May 6, 2009 Town Council meeting. "Blue Zones" are areas in the world where people live to be more than 100 years old. The students, who are studying this phenomenon as part of their curriculum, informed us that the research of scientist Dan Buettner, and others, shows that people who live to be this age are most often sociable people who have compassion, humor and a purpose in their community. The students illustrated this through an oral presentation, skit, and slide show. Mayor Fredericks asked staff to prepare a commendation to recognize and congratulate the students on their efforts; that commendation is attached. RECOMMENDATION Staff recommends that the Town Council adopt a Commendation for the Bel Aire students and authorize Mayor Fredericks to present it on behalf of the Council and community. Exhibits: Commendation Prepared By: Peggy Curran, Town Manager C:► +r Ile, ~ ~ C~ ~ 'car, tzt r~ ~ ~ h ea.,, ~"4•w w" Vl v • rya i:.,, •o f~l p`u+~,ti Fem. T'J C ~ 1"•ri w OKI rr__ rya r d t~+ two trr•, ev ZLI C as © 11r „p. 4-1 nCt F~ To: From: Mayor and Members of the Town Council Department of Public Works Town Council Meeting June 3, 2009 Agenda Item: coc-wj Subject: Recommendation to Award the Replacement of the Horseshoe Pit and Installation of Additional Play Structure at Cypress Hollow Park to Pla ground By Design and Community Playground Reviewed By: BACKGROUND On April 15, 2009, the Council authorized staff to advertise and seek bids for the replacement of the horse pit and installation of additional play structures at Cypress Hollow Park. The project was subsequently negotiated and sole-sourced to Playground By Design and its installation partner, Community Playground, due to the unique and specific nature of the playground equipment required and its installation. A budget of $40,000 was programmed for the project in this fiscal year. Work consists of installing a four-square ball court in the horse shoe pit area, adding landscaping in the west side of the pit, adding decomposed granite (DG) to improve path way travel, installing a teak bench, installing Horizontal Loop Ladder, Turning Bar, and two (2) 3-rung Vertical Ladders along with poured in-place rubber matting and contained in a 20' x 25' concrete band with drainage system. The existing barbeque will be removed. The bid proposal from Playground By Design and Community Playground is fair and is consistent with the current market environment. Community Playground is a qualified contractor with a valid Contractor's License and good references. They completed the Tot Lot at South of Knoll Park for the Town in 2007. If the project is awarded, the following general timeline can be established: • Contract documents could be executed by the end of June. • A preconstruction meeting could be scheduled by early July. • Construction could start by the middle of July. • With twenty (20) working days allocated for this project, the work would be complete by the middle of August. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 .j 1)l~ n C oullc it :1- cctin FISCAL IMPACT The cost to purchase the playground equipment is $3,851 and $28,000 for construction and installation. Including a 10 percent contingency of $3,285, the total cost for the project is $35,136.00. Sufficient funds have been programmed in this fiscal year to complete the project. RECOMMENDATION Staff recommends that the Town Council: Approve the award of the replacement of the horseshoe pit and installation of additional play structure at Cypress Hollow Park to Playground By Design and Community Playground in the not-to-exceed amount of $35,136. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer ('ow ,,1 T[fu ]te~~ Paw 2 ol, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting June 3, 2009 Agenda Item: CC Recommendation To Approve Plans and Specifications For The 2008- 09 Street Improvement Project and Authorize the Solicitation for Bids Plans and specifications have been prepared by CSG, engineering consultants, for the resurfacing of streets, including failed streets, within the Town. The project is part of the adopted 2008-09 capital improvement program in which a total of $1,010,000 was allocated for engineering, construction management and construction. The planned improvements include localized base repair, slurry seal, pavement grinding, asphalt overlay, re-striping, and localized drainage repair. Since there are more street segments than available funding, the project is structured to perform as much work as possible dependent on the bids received. The actual street segments that are to be resurfaced will be defined during the bid stage where detailed costs are achieved and balanced against the limited budget. Additive alternates have been programmed to supplement a list of confirmed street segment below. Confirmed street segments for resurfacing: 1. Mar West St. from Esperanza St. to Paradise Dr. 2. Cecilia Way from Tiburon Blvd to Cayford Dr. 3. Meadowhill Dr. from Venado to End. 4. Main St 5. Juanita Ln 6. Diviso St 7. Stewart Dr. between Redding and Porto Marino 8. Via Lost Alto from Blackfield to 1300 feet west of Blackfield. 9. Vistazo East St from Vistazo West St. to End of road. 10. Loma Ave 11. Blackfield Dr. bet. Cecilia Ave and Tiburon Blvd. Additive alternate street segments for resurfacing: 1. Acela Ct 2. Audrey Ct 3. Berke Ct 4. Cayford Dr. from Cecilia to end 5. Cecilia Way from Rancho Dr. to Leland Wy. 6. Leland Way 7. Karen Way The plans and specifications have been reviewed by staff, and the project is now ready to advertise for public bid. ENVIRONMENTAL DETERMINATION Staff has preliminarily determined that the project is exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, in that the project is for the maintenance and repair of existing facilities. FISCAL IMPACT The adopted 2008-09 budget allocated a total of $1,010,000 towards the engineering, inspection, and construction of this project. The Engineer's Estimate for the construction element of the confirmed street segments is $741,000. There are sufficient funds programmed in this fiscal year to complete the confirmed street segments. Bids are expected to be competitive, and there is a chance the programmed funding would be sufficient to resurface certain segments from the additive alternate list. Funding is available from State Proposition 1 B, Gas Tax, Traffic Congestion Relief, and Street Impact funds. RECOMMENDATION Staff recommends that the Town Council: 1) Find the project exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines 2) Move to approve the plans/specifications for the 2008-09 Streets Improvement Project, and 3) Move to authorize the solicitation of bids. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer 11"i 10A To: From Subj ect: Mayor and Members of the Town Council Department of Public Works Town Council Meeting June 3, 2009 Agenda Item: cc- Recommendation To Approve Plans and Specifications For The Federal ARRA Reed Ranch Road and Ridge Road Overlay Project and Authorize the Solicitation for Bids Pending Caltrans Approval Reviewed By: BACKGROUND On April 15, 2009, the Council authorized the filing of an application for Federal American Recovery and Reinvestment Act of 2009 funding and expressed the Town's commitment to use the funding to complete the Reed Ranch Road and Ridge Road Overlay project. Plans and specifications for the project have been prepared by CSG, engineering consultants. The project is not part of the adopted 2008-09 capital improvement program, but will be programmed for the 2009-10 fiscal year. The planned improvements include localized base repair, pavement grinding, asphalt overlay, and re-striping. The limits of work for Reed Ranch Road are East Terrace and Corte Las Casas. The limits for Ridge Road are Vistazo East Street and Straights View Drive. The plans and specifications have been reviewed by staff, and the project is ready to advertise for public bid pending Caltrans final approval. Caltrans currently administers all ARRA highway transportation projects within California. ENVIRONMENTAL DETERMINATION Caltrans, working on behalf of the Federal Highway Administration, has reviewed the project and has provided National Environmental Policy Act (NEPA) clearance. The agency has determined that the project is a Categorical Exclusion section 23 CFR 771.117(d). Town Staff has also preliminarily determined that the project is exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, in that the project is for the maintenance and repair of existing facilities. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 FISCAL IMPACT The Engineer's Estimate for construction is $291,000. ARRA grant funding will provide $204,000 towards the project. The Town must cover the remaining $87,000. It is anticipated that sufficient funds will be programmed in the FY 2009-10 fiscal year to complete this project. Funding is available from State Proposition 1 B, Gas Tax, Traffic Congestion Relief, and Street Impact funds. RECOMMENDATION Staff recommends that the Town Council: 1) Find the project exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines 2) Move to approve the plans and specifications, and 3) Move to authorize the solicitation of bids pending Caltrans approval. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department- Town Council Meeting June 3, 2009 Agenda Item: _ Recommendation to Amend FY 2008-09 Municipal Budget (Year-End Clean Up) On June 18, 2008, the Town Council adopted the Fiscal Year 2008-09 Municipal Budget. At that time the State of California had not adopted its budget, and was dealing with a $16 billion budget shortfall. The Legislature was discussing several options to balance the State Budget which included the elimination of certain revenues that local agencies would receive. Given this uncertainty, the Town Council took the cautious step to not appropriating two revenue sources that were being considered for elimination by the State. Specifically, no revenues were budgeted for SB 172 Sales Tax or Community Oriented Policing Services (COPS). Originally, staff estimated these two revenue steams accounted for $200,000. On September 23rd, Governor Schwarzenegger signed the State Budget which did not impose revenue "takeaways" from the Town for FY 2008-09. With the adoption of the State budget the Town is now assured that it will receive COPS funding in the amount of $100,000 and $59,000 in SB 172 Sales Tax. It is now appropriate to amend the Municipal Budget for reflect the appropriation of the above revenues for the fiscal year. In addition to amending the budget to reflect receipt of these two revenues, staff is also recommending that $75,000 be transferred from the COPS fund to the Unallocated General Fund. Historically, the Town has used its COPS revenue to fund the cost of the Police Investigator's position. Since the Town did not anticipate receiving COPS this year, the Investigator's position was funded by the General Fund. It is appropriate to repay the General Fund these costs. Lastly, staff is recommending a budget amendment to the Legal Services Division. The total appropriation for this division was $311,772, which includes salary and benefits for the Town Attorney along with contractual services for outside legal counsel. The adopted budget appropriated $100,000 for outside legal services, but due to another year of significant litigation, staff is requesting that the general litigation line-item be increased from $100,000 to $300,000. All other line-items within the Legal Division will be as budgeted. This increased cost will be funded from the General Fund. Fla-c 2 FINANCIAL IMPACT The net financial impact to the Town's operating budget from these recommendations is -$41,000. However, for FY 2008-09 combined operating revenues will exceed budget and operating expenditures will be below budget, therefore these proposed budget amendments will still result in a year-end balanced budget. RECOMMENDATION Staff recommends that the Town Council: Move to amend the FY 2008-09 Municipal Budget to provide for the appropriation of $100,000 in COPS revenue, $59,000 in SB 172 Sales Tax revenue, the transfer of $75,000 from the COPS fund to the General Fund and the appropriation of an additional $200,000 in the outside legal services line-item . Prepared By: Heidi Bigall, Director of Administrative Services To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting June 3, 2009 Agenda Item: Consider Appointment to Library Agency Board of Directors The Council announced the pending vacancy on the Library Board of Directors at its first meeting in January of this year, along with other pending vacancies on Town boards and commissions. Because the other commission terms expired at the end of February, appointments were made to fill those vacancies earlier in the year. The Library Agency by-laws provide that the terms of its board members will expire on June 30, thereby necessitating an interview and appointment procedure slightly outside of the Town's normal schedule. Another notice of pending vacancy on the Library board was published again in May. In keeping with Town policy, Ms. Epstein responded to the town's notice and has written the Council to express her interest in being reappointed to the board and in serving another term. There were no other applicants for the position as of the posted deadline, May 15, 2009. RECOMMENDATION Staff recommends that the Council consider reappointment of Board member Epstein to another three-year term on the Belvedere-Tiburon Library Agency Board of Directors. Exhibits • Letter from Lois Epstein • Notice of Pending Vacancy Prepared By: Diane Crane Iacopi, Town Clerk April 16, 2009 Ms. Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SUBJECT: REAPPOINTMENT TO LIBRARY AGENCY BOARD Dear Ms. Iacopi, I am writing this letter in response to your letter of April 15, 2009 in which you notified me that my term on the Belvedere/Tiburon Library Agency Board of Trustees will expire in June of this year. I would like to be considered for reappointment as one of the Town's representatives to the Board. I currently serve as the vice chair of the Board and would hope to go on to serve as Chair, particularly in this critical time of the planning for the expansion of the Library. I look forward to hearing from you about the decision of the Tiburon Town Council about this matter. Sincerely, Lois B. Epstein, M.D., D.Sc(h.c.) CC: Library Director Mazzolini Town Manager Curran APR 2009 D 4'L ~ V E APR 2 0 2009 pi TOWN CLERK TOWN OF TIBURON TOWN OF TIBURON NOTICE OF PENDING VACANCY ON TOWN BOARD OR COMMISSION MAY 2009 BELVEDERE/TIBURON LIBRARY AGENCY - BOARD OF TRUSTEES (Statutory Authority: Govt. Code Section 6500 et sea. and Joint Powers Agreement for Belvedere/Tiburon Library Agency) Position: TRUSTEE - TOWN OF TIBURON Term: 3 Years - (beginning July 1) Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Board, including attendance at regular monthly meetings and other activities. There is a pending vacancy on the Library Board as follows: Appointee Date Appointed Resignation * Term Expires 1) Lois Epstein May 2006 N/A June 30, 2009 *Ms. Epstein is eligible to serve another term under the agency by-laws, if reappointed by the Town Council. Deadline for Receipt of Applications = May 15, 2009 Interested residents should contact Town Clerk Diane Crane Iacopi at 435-7377 to apply, or download an application at www.ci.tiburon.ca.us (click on "Forms"). --Posted at Tiburon Town Hall --Published in The Ark on April 29 & May 6, 2009 --Faxed to Mai-in Independent Journal