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HomeMy WebLinkAboutTC Agd Pkt 2021-05-25 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council May 25, 2021 Special Meeting 8:30 A.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On May 18, 2020, the Marin County Public Health Officer issued a legal order directing residents to shelter at home until further notice. The order limits activity, travel and business functions to only the most essential needs. Additional information is available at https://coronavirus.marinhhs.org/ Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California, the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://zoom.us/j/98188584349 Webinar ID: 981 8858 4349 Call-in Number: +1 669 900 6833 Access Code: 981 8858 4349 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 8:30 A.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS Town designated representatives: (Director of Administrative Services Suzanne Creekmore, Town Manager Greg Chanis, and Special Counsel Winter Hankins) Employee organization: (Tiburon Police Officer Association and Service Employees International Union) 2. CONFERENCE WITH PROPERTY NEGOTIATORS Property: (500 Tiburon Boulevard, Tiburon, CA) Town Negotiator: (Town Manager and Town Attorney) Negotiating Parties: (Richardson Bay Sanitation District) Under Negotiations: (Concerning price and terms of payment) 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 potential case) ACTION ITEMS AI-1. Town Council Vacancy – Provide direction on next steps to fill Councilmember Kulik’s seat on the Town Council 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.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 PAGE 1 OF 3 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 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On May 19, 2021 Councilmember Kulik submitted his resignation from the Town Council. Per the Government Code, the Council must either make an appointment or call a special election to fill Councilmember Kulik’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 November 2, 2021 and determine whether to fill the interim vacancy with an appointment prior to the November special election. BACKGROUND In the event of a Town Councilmember 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 David Kulik announced his resignation on May 19, 2021. Councilmember Kulik’s resignation falls a few months into 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 8, 2022 municipal election, at which time a councilmember will be elected to serve the balance of the term, until 2024. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 25, 2021 Agenda Item: AI-1 Town Council Meeting May 25, 2021 TOWN OF TIBURON PAGE 2 OF 3 • Call a special election to be held on November 2, 2021 to elect a councilmember to serve the balance of the term, until 2024, and decide whether to appoint an interim councilmember to serve until the November special election. ANALYSIS Steps Required for an Interim Appointment If the Council wishes to make an interim appointment, that individual will serve until the date of the Town’s next general election date (November 2022), at which time, Tiburon voters will elect a councilmember to serve out the remainder of the term until 2024. This option requires prompt action by the Council. Per the Government Code, an appointment must be made within 60 days of the effective date of the resignation. In this case, the interim appointment must be made before July 18, 2021. To ensure a timely appointment, staff would like to begin the standard appointments process immediately. This entails advertising the vacancy according to regular procedure, accepting applications, and scheduling interviews with the Town Council. The timeline for appointing an interim councilmember with this deadline with vary depending on how many applications are received and availability for interviews. Tentatively, staff proposes the following timeline: Open Application Close Application Interviews Potential Appointment Dates May 26 June 9 5PM June 2 (regular meeting) June 16 (regular meeting) July 7 (regular meeting) July 7 OR Week of July 12 Steps Required for a Special Election If the Council wishes to call a special election to fill the vacancy, the Council must adopt a resolution calling the election before July 11, 2021. Under this scenario, the candidate filing period will take place July 12-August 6. The person elected in November will serve for the balance of the term, until 2024. If the Council opts to fill the seat by special election, the Council should also indicate if it desires to appoint an interim councilmember to serve until the certification of the November 2021 election. FINANCIAL IMPACT The Town consolidates elections with the County of Marin Elections Department. County Elections charges the Town for elections on a per-voter basis. Tiburon currently has approximately 6700 registered voters. The Town’s next regularly scheduled election is in November 2022 for 3 full-term Town Council seats and is expected to cost the Town approximately $1.50-$3.00 per registered voter. Town Council Meeting May 25, 2021 TOWN OF TIBURON PAGE 3 OF 3 If the Council opts to call a special election in November 2021, the cost is estimated to be approximately $8.00-$12.00 per registered voter ($53,600 - $80,400). If the Council opts to make an interim appointment until the November 2022 election, the Town will be able to consolidate the special election costs with the regularly scheduled general election costs. Rather than paying for an entirely separate election, the Town will only be paying the additional cost of adding a second race for one short-term Town Council seat. The estimated cost of this election is still $1.50 - $3.00 per voter ($10,050 - $20,100). Staff notes that final election costs are difficult to estimate because they are largely dependent on how many races are on the ballot. Election costs are less when election costs are shared with other jurisdictions or agencies with races on the ballot. Most cities and agencies in Marin County have moved their regular elections to even years. Currently, there is no cost sharing anticipated for the November 2021 election. Tiburon would likely bear the entire cost of the election. Can Tiburon cost share with the gubernatorial recall election? Most likely not. There is no guarantee the recall election will be ready for ballot by November 2, 2021, and it is possible that it may not be. Even if it were, the County and State may still operate the elections separately, on separate ballots, and cost savings would likely be nominal. 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: 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 November 2, 2021 and determine whether to fill the interim vacancy with an appointment prior to the November special election. Exhibits: 1. California Government Code Section 36512 Prepared By: Lea Stefani, Town Clerk 10/18/2019 https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=36512.&op_statues=2015&op_cha… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=36512.&op_statues=2015&op_chapter=185&op_…1/1 TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. ) PART 1. GENERAL [36501 - 36525] ( Part 1 added by Stats. 1949, Ch. 79. ) 36512. GOVERNMENT CODE - GOV (a) If 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 the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, the special election shall be held on the next regularly 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 term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: (A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general 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 term of office. (B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: (1) Requires that a special election be called immediately to fill every city 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 from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from 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 filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a 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 established election or regularly scheduled municipal election to be held throughout 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. The vacancy shall 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 next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a 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 of a 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 member shall be prohibited from the following actions for a period of two years after the appointment of a successor: (A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. (Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)