HomeMy WebLinkAboutTC Agd Pkt 2013-08-21TOWN OF TIBURON
Tiburon Town Hall
IS05 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
Tiburon Town Council
August 21, 2013
Regular Meeting - 7:30 p.m.
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Doyle, Councilmember Fraser, Councilmember Slavitz, Vice Mayor
Fredericks, Mayor O'Donnell
CLOSED SESSION ANNOUNCEMENT, 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 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.
INTRODUCTION OF NEW TOWN EMPLOYEES
• Patrick Kerslake - Senior Maintenance Worker
• Jerry Jones - Police Officer
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes -Adopt minutes of August 7, 2013 regular meeting (Town Clerk
Crane Iacopi)
2. Town Investment Summary -Accept report for period ending July 31, 2013 (Director of
Administrative Services Bigall)
3. Downtown Restroom Renovation Project - Authorize award of contract for project
(Director of Public Works /Town Engineer Nguyen) - to be submitted
Employee Commendation - Adopt resolution commending Director of Community
Development Anderson for 25 years of service to the Town of Tiburon (Town Clerk Crane
lacopi)
ACTION ITEMS
Consideration of actions related to the November S, 2013 Election - Consider adoption
of resolution making appointments in lieu of election, or direct staff to hold an election
for the purpose of electing four Town Councilmembers (Town Clerk Crane Iacopi)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests August 9 & 16, 2013
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,
wwvv.ci.tiburon.ca.us.
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 COUNCIL
MINUTES
CALL TO ORDER
CC -/
Mayor O'Donnel ar meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday August 7, 2013, Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS
Doyle, Fraser, Fredericks, O'Donnell
Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Community Development Anderson,
Director of Public Works /Town Engineer Nguyen,
Police Chief Cronin, Town Clerk Crane Iacopi
Pamela McConnell- Douglass, 40 -year resident, said she had not interviewed by The Ark for the
article on safety improvements on Tiburon Boulevard at Ned's Way [published following the
July 17 meeting]. Mrs. McConnell- Douglass also expressed concerns about the management of
the Hilarita, and said the Town should do something about the problems she described.
Ed Lynch, Tiburon Peninsula Foundation, said that several residents had come to the Foundation
with the idea of "completing" the Fountain Plaza with the installation of a maritime flag pole
dedicated to the late Councilmember Dick Collins. Lynch asked if a presentation might be
placed on a future Council agenda. He noted that the group had raised some $8,000 is funds for
the project to date.
Town Manager Curran added that the Collins' family had suggested a Town Improvement Fund
for people who wanted to make monetary contributions in Dick's memory. She said the Town
had received $2,600 to date for this fund. She also noted that Councilmember Collins was a big
fan of the idea of a maritime flag pole however, she said it was ultimately a Council decision
about whether or not to proceed with a particular project.
Mayor O'Donnell thanked the speakers and said that the flagpole matter would come back to the
Council on a future agenda.
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013
Page I
CONSENT CALENDAR
1. Town Council Minutes — Adopt minutes of June 19, 2013 regular meeting (Town Clerk
Crane Iacopi)
2. Town Council Minutes — Adopt minutes of July 17, 2013 regular meeting (Town Clerk
Crane Iacopi)
3. Parente Vista Subdivision — Approval of parcel map and related documents for
the Parente Vista Subdivision located at the end of Antonette Drive; accept Grant of
Open Space Easement and authorize the Town Manager to execute the Subdivision
Improvement Agreement (Community Development Department)
Owner:
Dragon 22, LLC
Applicant:
Tom Newton
AP No.:
038 - 142 -01
4. Tiburon Tourism Business Improvement District — Adoption of ordinance
amending Chapter 7A of the Town Code to continue district (Town Attorney
Danforth)
5. Golden Gate Bridge District Bus Service — Adopt resolution commending Golden
Gate Bridge Highway and Transportation District and its drivers for decades of
service to the Tiburon Peninsula (Councilmember Fredericks)
MOTION: To adopt Consent Calendar Item Nos. 1 -5, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Slavitz
ABSTAIN: O'Donnell, July 17 minutes (Item No. 2)
Mayor O'Donnell called Director of Community Development Anderson to the podium, where
he presented him with a surprise proclamation for the 25th anniversary of his employment with
the Town of Tiburon. Mayor O'Donnell read the proclamation into the record:
"Mayor's proclamation commending Scott Anderson
for 25 Years of distinguished service to the Town of Tiburon
WHEREAS, Scott Anderson has served the Town for 25 years as Assistant Planner,
Associate Planner, Senior Planner, Planning Director and Director of Community Development;
WHEREAS, Scott Anderson has served three Town Managers, 19 Mayors and countless
other members of the Town Council, Planning Commission, Design Review Board, Board of
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 2
Adjustments and Review, Parks and Open Space Commission and the Parks, Open Space and
Trails Commission, and has served each of these respective bodies with the utmost
professionalism, knowledge and good humor; and
WHEREAS, Scott Anderson's tenure with the Town has been replete with changes to the
Town's planning processes, including two new Zoning Codes, two complete General Plan
updates, and an overhaul of the Design Review process from one where all building projects
were reviewed by one of two Boards with 12 different members to the current process where
Planning Staff reviews the vast majority of Design Review applications, all accomplished under
his steadfast guidance; and
WHEREAS, Scott Anderson has processed innumerable projects and applications large
and small, from major subdivisions to tiny alterations, including the completion of a new Town
Hall and more than 21 years of working on the Martha Company project (a project that may
come to fruition before he retires, or at least in his lifetime); and
WHEREAS, Scott Anderson has become a dedicated guardian of the Town's paths and
trails, a wizened expert in the ways of CEQA, a guru of subdivision law and a boundless
repository of institutional memory for the Town's planning history; and
WHEREAS, Scott Anderson has conducted himself in his time with the Town of
Tiburon with intelligence, thoroughness, affability, a commitment to leadership and a spirit of
teamwork, and has inspired loyalty and affection in all Town Staff throughout the years, all of
which are the hallmarks of a truly dedicated civil servant.
NOW, THEREFORE, I, Emmett O'Donnell, Mayor of the Town of Tiburon, on behalf
of the Town Council and the entire Tiburon community, do hereby express my sincere
appreciation to Scott Anderson for his 25 years of outstanding public service to the Town of
Tiburon."
Town Manager Curran commented on Anderson's integrity and impeccable moral compass; she
said that he embodied the best of public service.
Mayor O'Donnell then skipped ahead on the agenda to Public Hearings.
PUBLIC HEARINGS
1. 5 Owlswood Road — Consider request for an amendment to the Owlswood West Precise
Plan (PD #32) to extend the existing building envelope for Parcel B (Community
Development Department)
Owners: Lynn and Larri Odland
Applicants: Kwan & Associates
AP No.: 058 - 121 -24
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 3
Assistant Planner O'Malley said the applicants were proposing an amendment to the Owlswood
West Precise Plan for property located at 5 Owlswood Road. She said the proposal included an
expansion of the building envelope on the south side of the property, to develop an outdoor
covered patio, and would include three -foot high retaining walls. O'Malley said that on July 10,
2013, the Planning Commission adopted Resolution No. 2013 -06 recommending to the Town
Council that the Precise Plan amendment be approved.
Ms. O'Malley said that at the public hearing held by the Planning Commission on July 10, there
was no public comment on the application. She said the Commission raised concerns regarding
potential view impacts from the adjacent neighbor at 7 Owlswood Road. She noted that Staff
informed the Commission that the neighbor supported the proposal, as views would not be
impacted because of existing landscaping, and only affected views across the site are from one
bedroom window of an adjacent neighbor. Therefore, O'Malley said the Planning Commission
found the application to be in conformance with the Owlswood West Precise Plan and the
Tiburon General Plan, and therefore, voted 3 -0 to recommend approval of the application.
O'Malley also noted that Staff had preliminarily determined that the subject application is
categorically exempt from the requirements of CEQA per Section 15301 of the CEQA
Guidelines.
Mayor O'Donnell opened the public hearing. There was no public comment. Mayor O'Donnell
closed the public hearing.
Councilmember Fraser said he had visited the site and concurred with the recommendation of the
Planning Commission. Councilmember Doyle also noted the support of the neighbor for the
application.
MOTION: To adopt the resolution approving the amendment.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Unanimous
ABSENT: Slavitz
ACTION ITEMS
1. Special Event Permit for Tiburon Half Marathon — Consider request for permit to stage
a half marathon and 5K race on November 3, 2013; race starting in downtown Tiburon,
proceeding along the Old Rail Trail to Strawberry and back (Town Manager
Curran/Recreation Director Andreucci)
Town Clerk Crane Iacopi said that the Belvedere- Tiburon Recreation Department, in conjunction
with Marin Runs, had applied to the Town for a special event permit to hold a half marathon and
5K race beginning in downtown Tiburon on Sunday, November 3, 2013. She said the race would
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 4
start in downtown Tiburon, proceed along the Old Rail Trail and around the Strawberry
Peninsula, then return to downtown Tiburon.
Crane Iacopi said that according to the permit, the purpose of the race is to bring people to
downtown Tiburon and promote local businesses. Its second goal is to serve the community's
recreational needs. Lastly, but not least in importance, she said the Belvedere - Tiburon
Recreation Department was listed as one of the beneficiaries of the proceeds of the event.
Because this is a new event in the downtown area, Crane Iacopi said the Town Manager had
asked the Recreation Department to bring the permit forward for Council's consideration. In any
event, she said that all special event permit applications are evaluated by staff based on the
Town's Special Event Permit Policy, which states:
"Events to be held on public property shall be limited in scope to activities which do not
detrimentally impact the community. The Town Manager will evaluate the potential impacts of a
proposed event. Factors shall include, without limitation, the following:
1. Impacts on Noise
2. Impacts on Traffic
3. Impacts on Parking
4. Impacts on the General Environment"
The Town Clerk said that staff is particularly mindful of the impacts of large events on
surrounding neighborhoods. She noted that the Town Council had adopted the Shoreline Park
Policy in 2004, in order to limit the number of large -scale events in that area which impact the Pt.
Tiburon residents, as well as surrounding neighborhoods.
Crane Iacopi said that staff had provided a brief analysis of the Tiburon Half Marathon and 5K
race in the written staff report, however, she said Council might want to comment further after
hearing a presentation by the applicants.
Recreation Director Cathleen Andreucci introduced Jason Jacobson of Marin Runs, and together
they did an oral and powerpoint presentation describing the event, the route, and the party at
Zelinksy park at the end of the race. A marketing director for the event was also introduced.
Mr. Jacobson said that his vision was a partnership with the Town that would showcase the
Town in a family - friendly event that would blossom over a four to five year period, and would
also be a fund- raising opportunity for the community. He said that while the permit estimated up
to 500 participants, in the first year there might be fewer. To date, he said there were 180
applicants.
Councilmember Fraser suggested a capacity limit, like the Dipsea Race. Mr. Jacobson said that
certainly could be considered for future races but probably would not be necessary the first year.
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 5
Mr. Jacobson reviewed the route map and said he had talked with the Tiburon Police Department
and California Highway Patrol about it. He said his organization employed Bay Area Traffic
Solutions to assist in picking up cones and related duties along the course route. He also stated
that the Marin County Sheriff's Department did not see a need for support along the route in their
jurisdiction because no street closure was proposed.
Councilmember Fraser and Vice Mayor Fredericks expressed some concerns about serving
alcohol at the after -party. The organizers were asked how much of the proceeds were dependent
upon alcohol sales; they said that the proceeds were not dependent on this. Again,
Councilmember Fraser expressed concern about serving alcohol at a "family event" and so early
in the morning [the organizers noted that the race would be over between 9:30 and 10:30 a.m.].
The other concern expressed was about the proposed amplified music at the after party. Staff
spoke of problems with past permits that broadcast amplified sound into the bowl -like geography
of Old Tiburon from the downtown area. Vice Mayor Fredericks noted that it was difficult to set
an objective measure of what was "too loud" especially because the music would be out of doors
and hard to regulate. She said that amplified music in Zelinsky Park did not seem like either the
right place or the right time.
While Councilmember Doyle and Mayor O'Donnell indicated a willingness to leave some of
these details up to the professional organizers for the inaugural event, they eventually concurred
with the wishes of Councilmember Fraser and Fredericks to prohibit alcohol and limit the
amplified music. Mayor O'Donnell proposed a compromise regarding the music and suggested
starting at 10 a.m. and ending at noon, rather than starting at 8:30 a.m., per the permit. It was also
suggested that a more "mellow'' type of amplified music be considered [like the RCP mile].
Councilmember Fraser said that if the goal was to bring business to the downtown area, runners
who wished to continue the party might partake of beverages and food at local businesses.
Councilmember Doyle concurred, suggesting an idea like half -price beers downtown for race
participants.
Mayor O'Donnell said that he loved the idea of the event and supported it. He also suggested
that it might be a good idea to bring local interest to the race by having prizes like the "Mayor's
Cup" in the RCP Mile. Mr. Jacobson thought that was an excellent suggestion.
Town Manager Curran said that while Council might approve the permit this year, it did not
preclude the Town from making any changes or revisions in future in order to fine -tune it to the
needs of the community.
MOTION: To approve the permit, as modified by Council (no alcohol and no amplified music until
10 a.m. at Zelinksy Park, at end of race).
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Slavitz
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 6
TOWN COUNCIL REPORTS
Vice Mayor Fredericks clarified that only local transit service to the Tiburon Peninsula was being
replaced [by Marin Transit], and it would not affect the other services provided by Golden Gate
Transit in Marin County.
TOWN MANAGER'S REPORT
Town Manager Curran said that Tuesday, October 22 had been chosen as the date for the next
Homeowners/Neighborhood Association Summit.
WEEKLY DIGESTS
• Town Council Weekly Digests July 19 & 26, 2013
• Town Council Weekly Digest August 2, 2013
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
O'Donnell adjourned the meeting at 8:27 p.m.
EMMETT O' DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 7
TOWN OF TIBURON
. 1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary — July 2013
Reviewed By:'
Town Council Meeting
August 21, 2013
Agenda Item: CC-
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended July 31, 2013.
ANALYSIS
July 2013
kgency Investment Amount Interest Rate Maturity
Town of Tiburon
Local Agency
$1796129400.94
0.267%
Liquid
Fund (LAIF)
Housing note to
$ 8009000.00
0.378%
Based on
Town Manager
Contract
Money Market
$ 1009000.00
0.10%
Liquid
(Bank of Marin
Note to Former
$ 179090.04
5.55%
June 1, 2017
Town Employee
Total
$18,529,490.98
The total funds invested at the end of the prior month were $19,118,939.46 or $589,448.48 more
than the reporting month.
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing — safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Investment Summary for July 2013
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Town Council Meeting
August 21, 2013
Agenda Item: 7 (f—C—
Recommendation to Award The Downtown Tiburon Guest Facilities
Project to CF Contracting, Inc., and Amend Budget to Complete The
Project
( JA�� -
The Council approved the Downtown Tiburon Guest Facilities Project through the adoption of
the fiscal year 2013 -14 CIP budget. The project plans were completed and subsequently
advertised through six county builders' associations and direct notices to eight local contractors.
Informal bids were received August 8, 2013.
The Town received three bids:
• CF Contracting in the amount of $143,000,
• Bear State Construction in the amount of $148,000, and
• John Pope Construction in the amount of $182,650.
The estimate was $135,000 for the project.
The planned improvements include restroom remodeling and updating to incorporate new
accessibility requirements and appurtenant work. The low bidder, CF Contracting, Inc. is a
qualified contractor with a valid Contractor's License, and is responsive to the contract
specifications with reasonable references.
If the project is approved by Council, the following general timeline can be established:
• Contract signed by all parties: 9/12/13
• Preconstruction meeting: 9/20 or 9/23/13
• Start date: 10/01 — 10/10/13
• 50 working -day end date: 12/16 — 12/26/13
FISCAL IMPACT
Based on the total low bid of $143,000 and a 15 percent contingency for any approved unforeseen
work of $21,500, a total of $164,500 will need to be programmed for the construction component
of this project. Construction management and inspection will be performed in- house.
This year's budget allocates $150,000 of General Fund towards the project. The budget was an
estimate developed by the architect and Town staff. Upon bid opening, there is a gap of about
$14,500 that must be addressed through an amendment to the current budget. There are sufficient
monies to accommodate this proposed amendment.
In addition to Town funding for the project, Sam's Anchor Cafe has agreed to make a one -time
contribution of $5,000 to the Town's renovation of the facilities.
RECOMMENDATION
Staff recommends that the Town Council:
a. Move to approve the award of a construction contract for the Downtown Tiburon
Guest Facilities Project to CF Contracting, Inc. in the amount not -to- exceed
$143,000, plus 15 percent for contingency, and
b. Move to amend and increase the current budget by $14,500 for the completion of
this project.
Prepared By: Nicholas T. Nguyen, Director of Public Works /Town Engineer
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
August 21, 20013
Agenda Item:
Subject: Recommendation to adopt Resolution Commending Director of Community
Development Anderson for his 25 Years of Service to the Town of Tiburon
Reviewed By:
BACKGROUND
At the August 7, 2013 meeting, Mayor O'Donnell presented Director Anderson with a
Proclamation commending him for his 25 years of distinguished service to the Town of Tiburon.
Because the presentation was meant to be a surprise, the proclamation was not placed on the
regular agenda. Staff now brings the proclamation back in the form of a Council resolution for
adoption.
RECOMMENDATION
Staff recommends that the Town Council adopt the resolution commending Director Anderson
for his 25 years of service to the Town.
Exhibits: Resolution
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
Resolution No. XX -2013
A Resolution of the Town Council of the Town of Tiburon
Commending Scott Anderson for 25 Years of
Distinguished Service to the Town of Tiburon
WHEREAS, Scott Anderson has served the Town for 25 years as Assistant Planner,
Associate Planner, Senior Planner, Planning Director and Director of Community Development;
WHEREAS, Scott Anderson has served three Town Managers, 19 Mayors and countless
other members of the Town Council, Planning Commission, Design Review Board, Board of
Adjustments and Review, Parks and Open Space Commission and the Parks, Open Space and
Trails Commission, and has served each of these respective bodies with the utmost
professionalism, knowledge and good humor; and
WHEREAS, Scott Anderson's tenure with the Town has been replete with changes to the
Town's planning processes, including two new Zoning Codes, two complete General Plan
updates, and an overhaul of the Design Review process from one where all building projects
were reviewed by one of two Boards with 12 different members to the current process where
Planning Staff reviews the vast majority of Design Review applications, all accomplished under
his steadfast guidance; and
WHEREAS, Scott Anderson has processed innumerable projects and applications large
and small, from major subdivisions to tiny alterations, including the completion of a new Town
Hall and more than 21 years of working on the Martha Company project (a project that may
come to fruition before he retires, or at least in his lifetime); and
WHEREAS, Scott Anderson has become a dedicated guardian of the Town's paths and
trails, a wizened expert in the ways of CEQA, a guru of subdivision law and a boundless
repository of institutional memory for the Town's planning history; and
WHEREAS, Scott Anderson has conducted himself in his time with the Town of
Tiburon with intelligence, thoroughness, affability, a commitment to leadership and a spirit of
teamwork, and has inspired loyalty and affection in all Town Staff throughout the years, all of
which are the hallmarks of a truly dedicated civil servant.
NOW, THEREFORE, the Town Council hereby expresses its sincere appreciation to
Scott Anderson for his 25 years of outstanding public service to the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council on August 21,
2013 by the following vote:
COUNCILMEMBERS: AYES: Doyle, Fraser, Fredericks, O'Donnell
COUNCILMEMBERS: ABSENT: Slavitz
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 21, 2013
Agenda Item:
Ar—
BACKGROUND
At the close of the nomination period on August 14, 2013, there were a total of four candidates
for the four Council seats in the November 3, 2013 Municipal Election. This includes three four -
year seats and one two -year seat (for the remainder of the late Councilmember Collins' term).
The persons nominated to the three four -year seats are incumbents Jim Fraser, Alice Fredericks
and Emmett O'Donnell. Erin Tollini has been nominated for the two -year seat.
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 chose one of the following courses of
action:
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 four nominees have filed for the four seats, the second of the above
options is not available.
Staff posted a notice regarding these facts at Town Hall on August 14, 2013, and published that
notice in a newspaper of general circulation in the town on August 16, 2013 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 an 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 4, 2013). Once an appointment has been made, the
elections official shall not accept for filing any statement of write -in candidacy (Election Code
Section 10229(c)).
_.. , .; €
If the Council does not appoint the four nominees to fill the four seats, by the 75th day before the
municipal election (August 22, 2013), pursuant to (1) or (2) above, the seats shall be filled by an
election.
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.
EXHIBIT
• Draft Resolution
Prepared By: Diane Crane Iacopi, Town Clerk
EXHIBIT
DRAFT
RESOLUTION NO. XX -2013
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 5, 2013
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as
of the close of the nomination period on August 14, 2013, 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:
4. Appoint to the office the person who has been nominated.
5. Appoint to the office any eligible voter if no one has been nominated.
6. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice was posted at Town Hall on August 14, 2013, and published in a
newspaper of general circulation on August 16, 2013, 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
Jim Fraser
Alice Fredericks
Emmett O'Donnell
Erin Tollini
OFFICE
Town Council Member
Town Council Member
Town Council Member
Town Council Member
TERM
4 Years (commencing 12/4/13)
4 Years (commencing 12/4/13)
4 Years (commencing 12/4/13)
2 Years (commencing 12/4/13)
SECTION 2. The election scheduled to be held on Tuesday, November 5, 2013, is now
cancelled.
SECTION 3. The 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
21, 2013.
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK