HomeMy WebLinkAboutTC Ord 2017-04-19 ORDINANCE NO. 569 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA,
AMENDING TITLE 1, CHAPTER 2, SECTION 2-3.3 OF THE TOWN OF TIBURON
MUNICIPAL CODE TO CHANGE THE DATE OF GENERAL MUNICIPAL ELECTIONS
FROM NOVEMBER OF ODD-NUMBERED YEARS TO NOVEMBER OF EVEN-NUMBERED
YEARS
WHEREAS, the Town's General Municipal Election is now scheduled for the first Tuesday after the first
Monday in November of odd-numbered years; and
WHEREAS, the Town has experienced a significant decrease in voter turnout in elections held in
November of odd-numbered years when compared with voter turnout for elections held in November of
even-numbered years, as defined by California Senate Bill 415 (2015); and
WHEREAS, the Town Council wishes to comply with Senate Bill 415 by moving the Town's General
Municipal Elections to November of even-numbered years; and
WHEREAS, pursuant to Elections Code section 10403.5, the Town is permitted to increase or decrease
the terms of Town Councilmembers by no more than twelve months;
NOW, THEREFORE, the Town Council of the Town of Tiburon, California, does hereby ordain as
follows:
Section 1. Section 2-3.3 of the Tiburon Municipal Code is hereby repealed in full and replaced with
the following:
2-3.3 Date of general municipal elections
(a) Date of General Municipal Elections. Beginning with the November 2018 election, pursuant to
Elections Code Sections 1000(d), 1301, and 10403.5, General Municipal Elections shall be held on
the first Tuesday after the first Monday in November of even-numbered years.
(b) Applicability of California Elections Code. When a municipal election is held in the Town of
Tiburon, and the election is consolidated with another election, the provisions contained in Part 3
(commencing with Section 10400), Division 10 of the California Elections Code shall govern the
consolidation, and, if the County Clerk requested to conduct the General Municipal Election, Section
10403 of the California Elections Code shall apply to that election.
(c) Effect on Town Elected Officers. Following the operative date of this Ordinance, terms of office shall
be affected as follows:
(1) Those Town Officers elected on November 5, 2013, whose four-year terms of office would have,
prior to the adoption of this Ordinance, expired in November 2017, shall instead remain in office until
the certification of the November 2018 election results.
(2) Those Town Officers elected on November 3, 2015, whose four-year terms of office would have,
prior to the adoption of this Ordinance, expired in November 2019, shall instead remain in office until
the certification of the November 2020 election results.
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Tiburon Toivn Council Ordinance No. 569 N.S. Effective 0511912017
(3) Beginning in November 2018, Town Councilmembers will be elected for four-year terms. Three
Councilmembers elected in 2018 will serve for four years and two Councilmembers elected in 2020
will serve for four years. This staggered election schedule will continue until modified by ordinance.
Section 2. The Town Clerk is hereby directed to transmit a copy of this Ordinance to the Clerk of
the Board of Supervisors of Marin County, together with the request that the Board approve this
Ordinance and provide the Town with notice of such approval. This Ordinance shall become operative
upon such approval.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of a court or competent jurisdiction,
such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council
of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the
date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a
summary of the Ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
Section 5. Notice to Voters in Change of Election Date. Within thirty days after the Ordinance
codified in this section becomes operative, the Town Clerk will cause a notice to be mailed to all
registered voters of the Town informing the voters of the change in the election date and its effect on
Town Councilmember terms.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on
April 5, 2017, and was adopted at the regular meeting of the Town Council of the Town of Tiburon on
April 19, 2017, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini
NAYS: COUNCILMEMBERS: O'Donnell
ABSENT: COUNCILMEMBERS: None
JIMF MAYOR
TO F TIBURON
ATTEST:
LEA STEFAN , TOWN CLERK
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Tiburon Town Council Ordinance No. 569 N.S. Effective 05/19/2017