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HomeMy WebLinkAboutTC Agd Pkt 2002-01-24 I, I TOWN OF TIBURON Special Town Council Meeting Caprice Restaurant 2000 Paradise Drive Tiburon, CA 94920 3:00 PM - Thursday, January 24, 2002 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. 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). AGENDA CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Council member Slavitz, Council member Thompson, Vice Mayor Gram, Mayor Matthews NEW BUSINESS 1. TOWN COUNCIL VACANCY - Selection of Method to Fill Seat after March 2002 departure of Mayor Matthews ADJOURNMENT - to Town Council/Staff Retreat ..I, TOWN OF TIBU'RON MEMORANDUM To: From: Subject: Date: TOWN COUNCIL ANN R. DANFORTH, TOWN ATTORNEY FILLING OF VACANCY IN TOWN COUNCIL January 24, 2002 In light of Mayor Harry Matthews' announcement of his intent to resign from the Council, Town Manager Alex McIntyre has asked me to prepare a memorandum explaining the legal options in filling a vacancy on the Town Council. . The filling of a vacancy on the Town Council is governed by Section 36512 of the California Government Code, Under Subdivision (b), the Council must, within 30 days from commencement of the vacancy, 'either fill the vacancy by appointment or call a special election, A special election would be held on the next regularly established election date not less than 114 days from the call ofthc election, In either caSl:, the new Council member would complete the unexpircd portion of Mayor Matthew's term, Section 36512 allows cities to provide for additional options by ordinance, Under Subsection (c), the Town could by ordinance: (I) Require that a special election be hdd immediately to fill every Town Council vacancy, The ordinance shall provide that the election be held on the next regularly established election date not less thlll 114 days from the call of the election, (2) Require that a special election be hdd to fill a city council vacancy whenever petitions bearing a specified number of verified signatures arc filed, The ordinance shall provide that the election be held on the next regularly established election date not less than I 14 days from the call of the election, The Council, having enacted such an ordinance may also call a special election pursuant without waiting for the filing of a petition; or (3) Provide that a person appointed to fill a vacancy on the Council holds office only until the date of a special election that shall immediately be called to fill the remainder of the term, The ordinance shall provide that the election be held on the next regularly established election date not less than 114 days from the call of the election, \ , "'. TOWN COUNCIL FILLING OF COUNCIL VACANCY January 24, 2002 With the exception of Option 3, the ordinances authorized by the statute generally serve to the limit the Council's legal options. An ordinance would be appropriate only if the Council believes that one of the three ordinance options is preferable to the two currently avaihlble under state law, If the Council wishes to pursue the ordinance option, it should be mindful of the relatively time consuming process required for adojJtion of an ordinance, An ordinance must be introduced and pass first reading at one public meeting, then pass second reading and adoption at a second meeting. Further, an ordinance does not take effect until 30 days after adoption, Assuming that the ordinance is introduced and passes first reading at the Council's next regularly scheduled meeting of February 6, 2002, and passes second reading and is adopted at the February 20th meeting, the ordinance would take effect on March 22, 2002, This process could be expedited somewhat by the scheduling of one or more special meetings, RECOMMENDA nON Unless the Council wishes to appoint a successor to serve until the date of a special election, staff believes that the Council should either appoint a new council member or call a speciaf election, If the Council prefers to appoint a new member to serve out Mayor Matthew's term. Council should direct staff to solicit applications forthe Council vacancy; and, after a suitable application period, agendizc (a) interviews of applicants; and (b) selection of the new Councilmcmber, In the alternative, Council could call for a special election to elect the new member, ANN R. DANFORTH Town Attorney cc: Alex McIntyre, Town Manager " Town of Tiburon Special Town Council Meeting TOWN COUNCIL/STAFF RETREAT THE CAPRICE 2000 Paradise Drive, Tiburon, California 3:30 PM - Thursday, January 24,2001 AGENDA CALL TO ORDER AND ROLL CALL ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now, Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda, Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda, Please limit vour comments to no more than three (3) minutes, REGULAR AGENDA 1, Introduction by Mayor 2, Comments by Town Manager 3, Introduction and Direction by Facilitator 4, Review and Update of Goals and Action Items from 2001 Retreat 5, Develop Goals for 2002 6, Identify visions for 2022 7, Convene to Dinner ADJOURN