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Home My WebLink AboutTC Agenda 2018-08-20 TOWN OF TIBURON Tiburon Town Council / Tiburon Town Hall\• , August 20, 2018 1505 Tiburon Boulevard ouSpecial Meeting Tiburon, CA 94920 8:00 A.M. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING— 8:00 A.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulik,Mayor Fraser 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. ACTION ITEMS AIA. November 6, 2018 General Municipal Election - Consider adoption of resolution malting appointments in lieu of election, or direct staff to hold an election for the purpose of electing three Town Councilmembers (Town Clerk Stefani) 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 liours prior to the meeting will enable the Town to slake 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, vv7ww.townoftiburon.org. 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. ' TOWN OF TIBURON °"'"c°u"c't ��eec"'; Auclusr 20,2018 1505 Tiburon Poulevard t TAgenda Item: 1�1-1 Tiburon, CA 94920 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Consideration of Actions relating to the November 6, 2018 MqUicipal Election Reviewed By: a BACKGROUND At the close of the nomination period on August 10, 2018, there were a total of three candidates for the three Town Council seats in the November 6, 2018 General Municipal Election. The persons nominated to the three seats are incumbents Jim Fraser, Alice Fredericks and Jon Welner. Section 10229 of the Elections Code provides that if no one or only one person is nominated for an office that is up for election, the legislative body may choose one of the following courses of action: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. Please note that because three nominees have filed for the three seats, the second of the above options is not available. Staff posted a notice of these facts at Town Hall on August 10. 2018, and published that notice in a newspaper of general circulation in the town on August 14. 2018 pursuant to Section 6061 of the Government Code. After the fifth day following the date of posting or publication, the Town Council can meet to either make the appointments or direct and election to be held. The persons appointed, if any, shall take office and serve exactly as if elected at a municipal election for the office. The appointees will be sworn in and commence their terms at the first regular Council meeting in December (December 5, 2018). Once an appointment has been made_ the elections official shall not accept for filing any statement of write-in candidacy (Elections Code Section 10229(c)). If the Council does not appoint the three nominees to fill the three seats by the 75t" day before the election (August 24, 2018), pursuant to (1) or (2) above, the election will be held. CERTIFICATION As required by Section 10229 of the California Government Code, the Town Clerk hereby certifies that the facts set forth in this staff report are true and correct. RECOMMENDATION Staff recommends that the Town Council: 1. Consider adoption of a resolution appointing the nominees to the Town Council; or 2. Direct staff to hold the election. Exhibits 1. Draft Resolution Prepared By: Lea Stefani,Town Clerk __ _....._._---------_-------------- �_._._..___ ._...... . _. ____ _. __..._ __......._ ..___. ___...___—. ...... _.____._._ DRAFT RESOLUTION NO. xx-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS TOWN THAT WERE TO BE ELECTED ON TUESDAY NOVEMBER 6 2018 WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 10, 2018, there are not more candidates than offices to be elected and that Section 10229 of the Elections Code allows one of the following courses of action to be taken by the Town Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. WHEREAS, a notice was posted at Town Hall on August 10, 2018, and published in a newspaper of general circulation on August 14, 2018, pursuant to law. NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA, DOES RESOLVE, DELCARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken: (a) The following persons are being appointed to the offices to which they were nominated: NAME OFFICE TERM Jim Fraser Town Council Member 4 Years (commencing 12/5/18) Alice Fredericks Town Council Member 4 Years (commencing 12/5/18) Jon Welner Town Council Member 4 Years (commencing 12/5/18) SECTION 2. The election scheduled to be held on Tuesday, November 6, 2018, is now cancelled. SECTION 3. Tlie persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for office. SECTION 4. The Town Clerk shall certify to the passage and adoption of this resolution and provide a copy to the Marin County Elections office. PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on August 20, 2018. AYES: COUNCILMEMBERS: Page 1 of 2 Town Council Resolulion No. xx-2018 DRAFT 08/20/2018 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 2 of 2 Town Council Rcsolulion No. ,YY-2018 DRAFT 0812012018