HomeMy WebLinkAboutTC Minutes 2011-06-15TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, June 15, 2011, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police Chief
Cronin, IT Coordinator Monterichard, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Lowenberg v. Town of Tiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said that no action was taken in closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Election - Adopt resolutions pertaining to November 8, 2011 municipal
election for the purpose of electing two council members (Town Clerk Crane Iacopi)
Town Council Minutes #13 -2011 June 15, 2011 Page I
2. Community Development Block Grant - Authorize renewal of three-year agreement
with County of Marin (Director of Community Development Anderson)
3. 600 Ned's Way Recreation Facility project - Reject all construction bids and authorize
staff to revise the project specifications and re-bid the project (Director of Public
Works/Town Engineer Nguyen)
MOTION: To approve Consent Calendar item Nos. 1 through 3, as written.
Moved: Collins, seconded by Fraser
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards, Commissions and Committees - Consider appointments to fill
vacancies on the Marin Commission on Aging (Town representative to the Board),
Belvedere-Tiburon Library Agency Board of Directors (Tiburon trustee), and Tiburon
Planning Commission (one seat) (Town Clerk Crane Iacopi)
The Town Clerk made a brief report concerning the vacancies. There were no Council questions or
public comment.
MOTION: To appoint Lou Weller to the Planning Commission.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To reappoint Allan Bortel to the Marin Commission on Aging.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To appoint Ric Postle to the Library Board.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
The Council asked the Town Clerk to express their thanks to the other candidates for their
interest.
PUBLIC HEARINGS
1. Cypress Hollow Landscaping and Lighting District (LLD) - Conduct protest hearing
and consider adoption of a resolution adopting an assessment for continuation of the
district in fiscal year 2011-12 (Director of Administrative Services Bigall)
Town Council Minutes #13:-2011 June 15, 2011 Page 2
In her report, Director Bigall said that the proposed assessment was for the continuation of the
LLD and that it had not been increased since 1990. Bigall also said that the Town had not
received any inquiries, or protests, in response to its mail notification of the assessment.
In response to a question from Vice Mayor Fraser about the fund balance, Director Bigall said
that the assessments received were placed in a restricted fund which continued to build in value.
She said that the Town had spent $50,000 last year on improvements in the district.
Mayor Slavitz opened the public hearing. There was no public comment.
Mayor Slavitz closed the public hearing.
MOTION: To approve the resolution adopting the Cypress Hollow LLD assessment for FY
2011-12.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
2. Mill Valley Refuse Service - Consider actions related to the proposed Mill Valley Refuse
Service rate increase, renewal of franchise agreement, and adoption of a new Chapter 26,
Ordinance Governing Solid Waste Storage, Collection and Disposal (Town Manager
Curran; Town Attorney Danforth; Director of Administrative Services Bigall)
A. Renewal of Franchise Agreement
B. Rate Increase
C. Adopt new Solid Waste Ordinance (Repeal and adopt new Chapter 26 of the
Town Code) - introduction and first reading of ordinance
A. Renewal of Franchise Agreement
Town Attorney Danforth said that the Town had experienced more than 45 years of excellent
service and competitive rates with Mill Valley Refuse Service. She said that negotiations on the
renewal of the franchise agreement had been underway for over two years, and that a council
subcommittee, comprised of Council members Collins and O'Donnell, as well as outside
counsel, John Abaci, had assisted Town staff members Danforth, Curran and Bigall in the
negotiations.
Ms. Danforth said that while the franchise agreement did not set rates, it did contain formulas for
services and setting rates in future. She said the Agreement categorized the cost of various
services as pass-through, allowable and non-allowable costs.
Danforth outlined two notable changes in the agreement from the existing contract:
--A change in the collection start times from 5 a.m. to 6 a.m.
--A franchise fee charge on debris boxes (not currently under franchise).
Town Council Minutes #13 -2011 June 15, 2011 Page 3
She said the overall increase in franchise fees of 15.5% was offset by eliminating the Town's
existing Road Impact Fee, resulting in an actual net increase of fees of only 2%.
Danforth said that folding in the road impact fee made it easier to adjust the fees in future.
Councilmember O'Donnell added that it also helped offset the cost of other services provided to
the Town, such as street sweeping.
Danforth said that under the agreement, the rates charged by MVRS would increase every three
years based on audited financial statements, and would automatically increase two out of the
three years based on CPI.
Council asked questions about what was included in the contract (it was noted that the new food
waste program is included in the "green waste" program), the nature of the evergreen clause, and
the proposed 10% mark-up by Mill Valley Refuse.
Town Attorney Danforth said that an evergreen clause means that a contract automatically
renews every year; she said that the proposed contract did not have an evergreen-clause. The
contract had a term of 10 years with two five-year renewals that would take effect automatically
unless the Town, in its sole discretion, gave notice of non-renewal.
Attorney John Abaci said that the contract allowed Mill Valley Refuse to impose a 10% mark-up
on its allowable costs (e.g. solid waste pick-up). He said that the percentage was a well-accepted
industry standard and that the independent auditor had determined that the profit return was
actually much lower. He said the percentage method used in the contract was preferable to the
more all-compassing language, such as "a fair return".
Mayor Slavitz and Vice Mayor Fraser questioned a 10% return and whether the industry standard
was nation-wide or based on county-wide, or more local, standards. Mr. Abaci said it was based
on Bay Area and surrounding area standards.
Vice Mayor Fraser asked why the contract had not gone out to competitive bid. (It was noted that
there were four other garbage haulers in the County of Marin.)
Town Manager Curran said that the Town had considered doing so. However, she said that
because the Town had such a long, successful history with Mill Valley Refuse, and because the
community was considered a "high service" community, staff felt that it was not worth risking a
loss of level of service and long adjustment period, and risking possible higher increases in fees,
with a bid process. She said it was within the Town's legal rights not to bid out the contract,
noting this had been the direction staff was openly pursuing with Council concurrence for several
years now.
B. Rate Increase.
Director of Administrative Services Bigall gave the report. She said that in early May, the cities
under contract to Mill Valley Refuse Service had met to review and discuss the rate application.
Town Council Minutes #13 -2011 June 15, 2011 Page 4
She said the consensus was that the requested increase was justified. She said the application
listed estimated losses in revenue to MVRS, based on such factors as customers migrating from
35-gallon to 20-gallon cans due to increased recycling, a hike. in worker's compensation
insurance rates, increases in fuel (diesel) prices, and increases to dump fees. She said all these
increases are passed on to the rate payers, resulting in an increase of over 15%.
Ms. Bigall said that the 15.88% increase translated into a $4.31 per month increase for a Tiburon
customer on the flat lands, and a $5.72 per month increase for a hill customer. Ms. Bigall
acknowledged that double-digit increases were difficult in the current economy, and that this was
a significant increase. However, she noted that other communities, such as San Anselmo, faced a
31 % increase from their carrier, Central Marin Sanitary. She said the listed costs were driving
rate increases by the other carriers, as well.
On the other hand, Bigall noted that the new franchise agreement, if approved, would generate
$105,000 in revenue for the Town. (Town Manager Curran added that this represented an overall
increase of 2% to the franchise fees.) Bigall said that $20,000 of that amount would be generated
by debris box fees, which formerly were not subject to the agreement. She recommended
adoption of the rate increase, as proposed.
Mayor Slavitz asked if the proposed rate increase would allow MVRS to achieve its 10% return.
Ms. Bigall affirmed this and also noted that the company had operated at a loss over the past
year.
Vice Mayor Fraser said that in his experience, any company would be ecstatic to have a
guaranteed 10% return. Councilmember O'Donnell expressed concern that the rate of return
would be set by contract for such a long period of time, in his opinion, for 20 years.
Mr. Abaci said that other methods of determining rates were explored by the negotiating team,
but that it kept coming back to the industry standard, and having a formula to apply to allowable
and non-allowable costs. He said this method was better than the existing contract, and more
advantageous to the Town.
Vice Mayor Fraser said that "industry standard" was "an umbrella that was fraught with risk and
puts the consumer at the other end of paying the bills".
Mr. Abaci said that the method preferred by the company (MVRS) was to base the rate of return
on an operating margin. He said it was his belief that the Town was not going to get a better deal
than the one before the Council.
Jim Iavarone, Mill Valley Refuse Service, clarified that "we're not pocketing 10%". He said it
represented the mark-up, not profit, that pays for the non-allowable costs and that the company
takes what's left over. He said that historically the company's profit is more like 3%.
Town Council Minutes #13 -2011 June 15, 2011 Page 5
Mayor Slavitz said that while the Town really did appreciate the service provided by Mill Valley
Refuse, he had to also wear his "consumer hat" and ask the tough questions concerning
escalating costs. He asked what percentage of operating expenses were allowable costs. The
answer received was 90 to 92%.
Examples of non-allowable costs, according to Iavarone, were the company's administrative fees,
and services provided to the town, not subject to rate increases, such as the debris box pick-ups
for the cattail removal in the Railroad marsh, and public garbage/recycling can pick-ups and
town-owned building garbage/recycling pick-ups.
Councilmember O'Donnell challenged how the cost increases were detailed in the MVRS
newsletter that was sent to customers. He said the overall costs were not attributable solely to
Tiburon, but were touted as such. He said the costs associated with fuel prices were completely
misleading, basing his information on the fact that he owned a trucking company.
Mr. Iavarone said that the rate applications were due on April 1 and that the information in the
newsletter was based on existing conditions at that time; he said the newsletter was written "in
general" for all its customers.
Vice Mayor Fraser suggested that the garbage industry may have to re-invent itself, like other
companies, to adjust to market changes. He said that a chart provided to him by Town staff
showed a cumulative rate increase of 73 % and a compounded rate increase of 103 % over 10
years. Fraser said he understood that it was a capital-intensive business that required planning
ahead but he questioned a guaranteed margin over such a long period (of the contract). He asked
what steps the company was taking to cut costs and whether it had considered other ideas, such
as consolidation with other carriers.
In his response, Mr. Iavarone said that one thing the company could not do was reduce its service
to its customers. He said that there were many factors that drove the business over which the
company had no control, such as increasing and changing regulations. He said that since the
adoption of AB 939 in 1995, a bill that set mandatory levels of waste reduction to the landfills,
more workers were required to do the recycling and composting portion of the business in
addition to garbage workers. He said that dump fees continued to escalate but that MVRS had
negotiated a good contract with Redwood Sanitary.
Councilmember O'Donnell also expressed concerns about the information presented in the rate
application, notably, the profit and loss statement. He noted several apparent discrepancies in
Mill Valley Refuse's depiction of its operational costs, finding the overall reports to be
misleading. He also questioned how the estimated numbers could be the same as the actual
numbers for the previous year.
Discussion continued between Mr. O'Donnell, Mr. Iavarone, MVRS Finance Manager Jennifer
Dami and other Mill Valley Refuse personnel. In the end, the Council concluded that a more
detailed review of the numbers presented would be beneficial.
Town Council Minutes #13 -2011 June 15, 2011 Page 6
Town Manager Curran noted that every few years, the company underwent an independent audit,
at the behest of the cities. She said the last one was conducted in 2009 and the next one was set
for 2012. She said that would be a good time to delve into the financial information in more
detail. She said the independent auditor concluded that a 13% rate increase was warranted last
year, however, the company only raised its rates by 3.1 She also noted that the average
increase over 10 years had been 3.79%, which was more along the lines of what the customers
might expect over time. She said that another factor that had driven up prices during the past year
was the introduction and implementation of the food waste recycling program. She concurred
with the comment by MVRS that this had the unintended consequence of driving some
customers to a smaller garbage can and reduced rates.
C. Adopt New Solid Waste Ordinance.
Town Attorney Danforth said the Town's ordinance had been adopted in 1965 and required updating
to comply with current law. She recommended adoption of a new Chapter 16 of the Town Code,
following a public hearing and first reading of the ordinance.
Mayor Slavitz opened the public hearing on Items A, B and C.
George Landau, 38-year resident and MVRS customer, praised the company's service but said
that "only in American do we use less and pay more." He said that while he was not sure what
the answer was, perhaps the company could look at staggered routes or less frequent trips, in
order to cut costs.
Mr. Iavarone said that state law required garbage to be picked up once a week and in order to
reduce pick-ups, the law would have to change. However, he said that if the food waste program
became more successful, this might reduce the number or frequency of garbage pick-ups.
Steven Gold, Mt. Tiburon Road, said that he hoped the Council would tie the percentage increase
to some index (a "garbage index" suggested by Councilmember O'Donnell, or some other
index). He said his primary concern in attending the hearing was noise. He said noise from the
garbage trucks could be heard all over the valley in which he lived, and he asked why the trucks
could not start their routes at 7 a.m., like other construction, for instance. He said that four or five
drivers disturbed thousands of people; that the costs to residents was phenomenal, and that he
paid a lot of money to live here and that he did not want to see garbage men so early in the
morning. He said that there might be a referendum on this subject.
Mr. Iavarone said that garbage workers had started early in the morning from the beginning of
time. He said that having heavy trucks sitting in traffic [at a later start time] would add to fuel
costs. He also said that while there used to be one truck per route, there were now three trucks
because of recycling services.
Town Council Minutes #13 -2011 June 15, 2011 Page 7
Mayor Slavitz asked Mr. Iavarone if he objected to a later start time in the contract. Mr. Iavarone
said that the company did not receive many complaints from its 14,000 customers about the early
start time. On the other hand, he gave an example of adjusting the start on Christmas Tree Hill
(in Corte Madera) and receiving complaints from customers that the later start time resulted in
trucks blocking the roads [during commute or school traffic times].
In answer to the Mayor's question, Iavarone said that starting one hour later probably would not
impact their operations, but delaying the pick-ups by two or more hours would certainly
contribute to operating costs going up.
In response to a question from the Vice Mayor, Mr. Iavarone said that the trucks were finished
with their routes and out of town by 11 a.m. or 12 noon.
Mayor Slavitz noted that "tailored rates" had also been a topic of discussion with the company.
Councilmember O'Donnell echoed this remark and said that the company had promised to
provide a new route plan in an effort to cut costs.
Mr. Iavarone said that it takes a couple of years to evaluate trends and the effects of programs
like recycling, green waste, etc. on routes. However, he said that they were working with a
company that provides routing software and that there was a possibility of dropping a route by
year end.
Councilmember O'Donnell also said that during negotiations, there was a discussion about
reducing costs if people brought their garbage out to the street, for instance, establishing curbside
versus backyard rates. Councilmember Collins commented that it was a net zero gain; that it
merely shifted rates around.
Councilmember Fredericks said that there were lots of older people in the community who
simply could not move their cans around like that. However, she said she liked the idea of
incentives.
The Mayor asked when the commercial food waste program might start. Mr. Iavarone said that
the sewer district in Marin would have the capacity for the program by the summer of 2012, but
that it would require a special truck and there were additional sorting issues that would be labor-
intensive.
Council asked a few more questions about the profits earned by Mill Valley Refuse over the past
few years. A company representative said that they were 2.3%, 2.3%, and 3%.
Mayor Slavitz closed the public hearing.
Councilmember Fredericks said that the negotiations had been delegated to a subcommittee of
the Council and she was satisfied with the work of the committee. She said the company had to
be able to plan for its long-term capital expenditures, and she did not have an issue with the
Town Council Minutes #13 -2011 June 15, 2011 Page 8
forecast numbers which were audited by a CPA and were due much earlier than the contract
negotiations. She said that there might be a benefit to a later audit of the information MVRS
would bring back to Council.
Fredericks said that the issue of bidding the contract was one that should be discussed separately
by the Council in order to determine whether the costs were justified for the Town to undertake
such a process.
Vice Mayor Fraser reiterated that the community appreciated the stellar service provided by
MVRS, however he said he was troubled by a 20-year contract which was far too long, especially
with a 10% margin on 92% of the company's costs. He asked whether there might be a way to
shorten the contract or re-evaluate it in 36 months, or so. Fraser also asked the company to
continue to evaluate its practices and look for opportunities to cut costs, such as using natural
gas, or perhaps instituting a central pick-up location.
Councilmember O'Donnell, member of the negotiating committee, said that while it was a good
contract in many respects, he was not happy with everything in it, including its long-term
component. He said he would have liked to tie the rates to a CPI or garbage rate index, but on the
other hand, he said that the Town received a lot of extra services and benefits in the contract.
With regard to the rate increase, Councilmember O'Donnell said the proposed amount was
"ridiculous" and that the justifying numbers were inconsistent and presented in a "tsunami-like
way". He said he was certain that the company was not going to lose money. as stated in its
application.
Councilmember Collins, also a member of the negotiating committee, recommended changing
the references in the contract from "profit" to [ 10%] "mark-up", for purposes of understanding
the meaning. He also clarified that it was a 10-year, not a 20-year contract, to be renewed at the
Town's discretion. He said he had raised the question or whether to bid the contract or not, and
he agreed that a rate hike was difficult because residents had been "hit" recently with a large
sewer rate increase, in addition to a [proposed] garbage rate increase.
Mayor Slavitz said he concurred with the comments of his colleagues. He, too, said he wished
the contract had been put out to bid; he said it would add veracity to what had been stated here
tonight. He said'in future, for piece of mind, the contract should be bid out but he concluded that
there did not seem to be an option at this juncture to adopting the 10-year contract.
Vice Mayor Fraser called for a "pause in the action before pulling the trigger on the contract."
O'Donnell said that while his original idea was to simply tie the rates to a straight CPI over a 20-
year contract, he said he was satisfied with the continuity and benefits to the town of the
proposed contract.
Town Council Minutes #13 -2011 June 15, 2011 Page 9
Town Manager Curran agreed that the negotiations had started out with a 20-year contract but
that had been reduced to 10 years, with two, five-year options. She said a longer contract was
favored by the company because it was a capital-intensive business.
Curran said that agreement was very thorough, had been reviewed extensively by the committee,
and was not a "cookie cutter" contract.. She said that a lot of time and energy had been spent
reviewing the contract for a relatively small organization. She concurred with Councilmember
O'Donnell that the agreement contained many benefits and services to the Town.
On the question of rates, the Town Manager said that the Town was not obligated to adopt a rate
increase if it was not appropriate. Councilmember Fredericks asked whether the contract could
be adopted separately from the rate increase. Town Attorney Danforth said that it could, but
counseled that it might not be prudent to wait for another audit on the numbers; she suggested
that the Council might ask for some refinement of the numbers at this time.
Mayor Slavitz asked if the Town had an obligation to adopt either component tonight. Town
Attorney Danforth said it did not. She added that during negotiations with MVRS, the company
felt that it would be exposed to significant losses if the contract term was shortened; she said the
Town came up with the 10-5-5 year formula to address the Town's concerns and move the
negotiations forward.
The Council took the following actions:
A. Renewal of Franchise Agreement
MOTION: To adopt the resolution approving the franchise agreement, amended to delete Exhibit
A, setting rates.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Collins, Fredericks, O'Donnell, Slavitz
NAPES: Fraser
B. Rate Increase
MOTION: To continue the discussion of the MVRS rate increase to the July 6 meeting
[direction given by Council was to re-verify the numbers included in the P/L section
of the rate application, as well as providing five years of profit and loss
data, and continue the discussion on ways the company can save money]
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
C. Adopt new Solid Waste Ordinance (Repeal and adopt new Chapter 26 of the
Town Code) - introduction and first reading of ordinance
Town Council Minutes #13 -2011 June 15, 2011 Page 10
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing
Chapter 26 and adding a new Chapter 26."
MOTION: To pass first reading of the ordinance.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
3. Creation of Building Code Appeals Board - Consider establishment of a Building Code
Appeals Board to hear and decide appeals of non-administrative decisions of the Building
Official and related actions (Building Official Lustenberger)
A. Adopt a resolution establishing the Building Code Appeals Board
B. Amend Chapter 13 (Building Ordinance) of the Town Code to reference a
Building Code Appeals Board - introduction and first reading of ordinance
Building Official Lustenberger gave the report recommending formation of an independent
Building Code Appeals Board that is technically qualified to rule on appeals of non-
administrative decisions or code interpretations made by the Building Official. Currently, this
function is performed by the Town Council.
Lustenberger said that most jurisdictions in California had such a board, and that while such
appeals had been rare in Tiburon over the years, the recent advent of new uniform construction
codes and the changing and diversifying range of construction materials and techniques were
likely to drive an increase in the number of appeals over time. He also said that the Insurance
Services Office (ISO), an independent statistical, rating and advisory organization the serves the
property/casualty insurance industry, said that the lack of such a board might lead to higher
insurance rates for all Tiburon property owners unless rectified.
Councilmember Collins asked if the creation of the board would adversely affect the construction
timelines of projects, and drive up costs. Mr. Lustenberger said that the review could possibly
take place during the plan check portion of the process, where findings could be applied to like
processes across the board. On the other hand, he also said it might be advantageous for a
homeowner to finish the job and then appeal. The Building Official said that the appeals board
offered a recourse to contractors and property owners.
Town Manager Curran said that she had worked with similar boards in other cities, and that they
really did provide a service by bringing together a group of dispassionate people to review
questions that the Council or staff outside the Building Division did not have the technical ability
to judge. She said the board would meet infrequently but offered a recourse and "safety valve" to
both the town and appellants.
Town Council Minutes #13 -2011 June 15, 2011 Page 11
Councilmember O'Donnell said he supported the concept of a board but thought the $500 appeal
fee might act as a deterrent to potential appellants. He asked whether it could be lowered or made
refundable, if the appellant prevailed. Town Manager Curran said the fee could be lowered and
suggested $250 would probably be sufficient to cover staff costs.
Council agreed that lowering the fee was preferable and directed staff to change the appeal fee to
$250. It was noted that this type of appeal would not be as staff labor intensive as other appeals.
Mayor Slavitz opened the matter to public comment. There was none.
Mayor Slavitz closed the public hearing.
MOTION: To adopt the resolution, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending
provisions of Title IV, Chapter 13 of the Tiburon Municipal Code to modify provisions related to
appeals."
MOTION: To pass first reading of the ordinance.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
4. Claims Ordinance - Consider adoption of an ordinance governing claims against the
Town (Town Attorney Danforth)
A. Add new Chapter 3 B to the Town Code - introduction and first reading of ordinance
Town Attorney Danforth said that the California Government Claims Act, which governs most
claims for monoy damages against public agencies, gives public agencies the opportunity for
early investigation and resolution of most claims for money damages. The Act also allows local
agencies to adopt their own claims requirements by ordinance to govern claims that are otherwise
outside the scope of the Act. Danforth recommended adoption of a proposed ordinance
incorporating the Government Claims Act presentation and processing requirements. The
ordinance also includes as well as two new features:
• Section 3B-1(a)(3) providing that claims on behalf of a class of persons must be signed
by each member of that class; and
Town Council Minutes #13 -2011 June 15, 2011 Page 12
• No claimant may bring suit regarding a tax, fee or other charge unless they have first paid
that tax, fee or charge, together with interest and any penalties.
Councilmember O'Donnell asked if this meant the town was writing its own rules. Ms. Danforth
said that the new requirements have not been tested in court, but are common in other
jurisdiction's recent claims ordinances.
Mayor Slavitz opened the hearing to public comment. There was no public comment.
Mayor Slavitz closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon adding Chapter
3B (Claims against the Town) to Title I of the Municipal code establishing procedure for filing
and processing claims against the Town."
MOTION: To pass first reading of the ordinance.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digest - June 10, 2011
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10:45 p.m.
v
JE F , AVIT f AYOR
ATT,EST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #13 -2011 June 15, 2011 Page 13