HomeMy WebLinkAboutTC Agenda 2019-10-21 TOWN OF T113UR0V Tiburon Town Council
'Tiburon Town Hall
• -�- �� October 21,2019
1505 Tiburon boulevard
Special Meeting
Tiburon, CA 94920 8:15 A.M.
TIBURON
TOWN COUNCIL
AGENDA
SPECIAL MEETING—8:15 A.M.
CALL TO ORDER AND ROLL CALL
Councilmembcr Thier,Councihncmbcr Wclner,Vice Mayor Fredericks_ Mayor Kuhl<
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
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 recluiring action will be referred to dic appropriate Commission,Board,
Committee or staff for consideration or placed on a future -1 own Council meeting agenda. Please limit
your comments to three(3)minutes.
ACTION ITEMS
AI-1. Town Council Vacancy — Rcv,ic\\ rcquircnunes and consider options to fill unscheduled
vacancy on the To\vn Council and direct staff to talc nccessar% steps to begin filling vacant seat
(Office of the Town klanager)
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 cnab!e the Town to make
reasonable arrangements to ensure accessibility to this mectino.
Town Council Meeti10
TOWN OF TIBURON October 21. 2019
1505 Tiburon Boulevard Agenda Item: Al - l
Tiburon, CA 94920
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Town Council Vacancy: Consider Calling a Special Election or Making an
Interim Appointment
,r
Reviewed By: �1��
r
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
Councilmember Fraser.has submitted his resignation from the Town Council, effective October 17,2019.
Per the Government Code,tile Council inust either make an appointment or call a special election to fill
Councilmember Fraser's seat within 60 days.
RECOMMENDED ACTION(S)
Staff recommends the Town Council receive the staff report, deliberate, and adopt by motion one of the
following:
1. Publish a notice of unscheduled vacancy on the Town Council, begin accepting applications for
an interim appointment to the Town Council, and schedule interviews for applicants; or
2. Take the steps necessary to call a special election to be held on March 3, 2020 and determine
whether to fill the interim vacancy with an appointment prior to the March special election.
BACKGROUND
In the event of a 'Down Councihnernber resignation, under the California Government Code
(Exhibit 1), the Council must make an appointment or call a special election within sixty (60)
days of the effective vacancy date. Councilmember Jim Fraser announced his resignation on
October 17. 2019.
Councilmember Fraser's resignation falls approximately one year into his current 4-year term of
office. The Council has two options to consider regarding this vacancy:
• Appoint an interim councilmember to serve until the date of the November 3, 2020
municipal election, at which time a Councilmember will be elected to serve the balance of
the term, until 2022.
TOWN OFT]BURON PAGE 1 OF 3
If the Town Council opts to make an interim appointment until the November 2020 election, the
Town will be able to consolidate election costs with the regularly scheduled general municipal
election. Rather than paying for an entirely separate special election in March. the Town will only
be paying the additional cost of adding a second race for one short-term Town Council seat.
Staff notes that final election costs are difficult to estimate more definitively, and final costs are
largely dependent on how many races are on the ballot county and statewide. I-lowever, the option
to consolidate election costs with the regularly scheduled November election will surely result in
cost savings to the Town estimated by the County to be in the range of$10,000.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act(CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
Staff recommends the Town Council receive the staff report, deliberate, and adopt by motion one
of the following actions:
a. Publish a notice of unscheduled vacancy on the Town Council, begin accepting
applications for an interum appointment to the Town Council, and schedule interviews for
applicants; or
b. Take the steps necessary to call a special election to be held on March 3, 2020 and
determine whether to fill the interim vacancy with an appointment prior to the March
special election.
Exhibits:
1. California Government Code Section 36512
Prepared By: Lea Stefani,Town Clerk
TOWN OF TIBURON PAG1:3 o1.3
10/18/2019 littps://Iegiiifo.legislature.ca.gov/faces/printCodeSectionWindow.xhtnil?IawCode=GOV§ionNuni=36512.&op_statLies=2015&op_cha...
GOVERNMENT CODE-GOV
TITLE 4.GOVERNMENT OF CITIES 134000-453451 (Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 3.OFFICERS 1365o1-4180511 (Division 3 added by Stats. 1949, Ch. 79. )
PARI'i.GENERAL 1367oi-365251 (Part 1 added by Stats. 1949, Ch. 79. )
(a)11'a vacancy occurs in an appointive office provided for in this chapter,the council shall fill the vacancy by appointment.A person appointed to fill a vacancy holds office for
:365121• the unexpired term of the former incumbent.
(b)If a vacancy occurs in an elective office provided I'm in this chapter.the council shall,within 60 daNs lion the commencement ofthe vacancy,either fill the vacancy by
appointment or call a special election to till the vacancy.
(1)lithe council calls a special election;the special election steal I be held on the nest re milady established election date not less than 114 days from the call of the special election.A
person elected to fill a vacancy holds office for the unexpired Cerin of the former incumbent_
(2)Ifthc council fills the vacancy by appointment,the person appointed to till the vacancy shall bold office pursuant to one of the following:
(A)If cite vacancy occurs in the first half ofa term of office and at(east 130 days prior to the nest genClal municipal election,the person appointed to till the vacancy sltall bold office until
the next eeneral municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy,and thereafter until the person who is elected at that election to
fill the vacancy has been qualified.The person elected to fill the vacancy shall hold office for the unexpired balance of the semi ofoffice.
(B)if the vacancy occurs in the first half of a term ofoffice,but less than 130 days prior to the next general municipal election,or it the vacancy occurs in the second half of a rein of
office,the person appointed to fill the vacancy shall hold office I'm the unexpired term of the foiner incumbent.
(c)Notwithstanding subdivision(b)and Section 34903,a ciry may enact an ordinance that does amof the following:
(1)Requires that a special election be called immediately to fill every cite council vacancy and the office of mayor designated pursuant to Section 34902.The ordinance shall provide that
the special election shall be held on the next regularly established election date not less than 114 days flout the call ofthe special election.
(2)Requires that a special election be held to fill a city council vacancy and the office of nnavor designated pursuant to Section 34902 when petitions bearing a specified number of verified
signatures are tiled.The ordinance shall provide that the special election sltall be held on the next regularly established election date not less than 114 days front the filing of the petition.A
governing body that has enacted such an ordinance may also call a special election pursuant to subdivision(b)without waiting for the tiling ofa petition.
(3)Provides that a person appointed to fill a vacancy on the city council holds office only until the date ofa special election which shall immediately be called to fill the remainder of the
term.The special election may be held on the date of the next regularly emahlislted election or regularly scheduled municipal election to be held tluoughout the city not less than 114 days
from the call of the special election.
(d)(1)Notwithstanding subdivision(b)and Section 34902,an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the
members serving on the council having been appointed.'file vacancy sltall be filled in the manner provided by this subdivision_
2)The city council may call an election to fill the vacancy,to be held on the next regularly established election date not less than 114 days after the call.
(3)If the city council does not call an election pursuant to paragraph(2),the vacancy shall be filled at the nest regularly established election date.
(e)(1)If the city council ofa city that elects city council members by or]Yom districts elects to fill a vacancy on the city council by appointment as a result ofa city council member
resigning from office,the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment ofa successor.A city council
member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest.
(2)If a city council member elects to cast a vote under this subdivision,the city council nnemher shall be prohibited from the following actions for a period of two years after cite
appointment ofa successor:
(A)Advocating on any measure or issue coming before the cite council in which the ckv council member mal'have a personal benefit.
(B)Fuel in,,into a contract of any kind with cite city or a city vendor:
(C)Accepting it position of employment with tine city or it city vendor-
(D)Applving for it permit that is subject to the approval of the city council.
(.3)This subdivision shall not apply to any city council nnentber who is resigning fiom the city council clue to charges of;or conviction for,corruption or criminal behavior_or who is
subject to a recall election.
(Ame;?ded by Slats.2015,Ch./8j,Sec. 1.(-113 9521)1{/)crtire>mmmr1
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