HomeMy WebLinkAboutS23 - Resignation of Gary Adams & Options for Filling the Vacancy in District 4CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S23
August 24, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
LaVonne M. Harkless, City Clerk
949 - 644 -3005, Iharkless @city.newport- beach.ca.us
SUBJECT: Letter of resignation submitted by Council Member Adams and
the options available to the City Council for filling the vacancy in
District 4.
ISSUE:
What options are available to the City Council with respect to filling the vacancy
resulting from the letter of resignation emailed to the City Council and staff by Council
Member Adams?
RECOMMENDATION:
The City Clerk recommends that:
1) The City Council declare the office currently held by Council Member Adams to
be vacant on September 1, 2004, the effective date specified in the letter of
resignation.
2) The City Council establish a process leading to the appointment of a successor
on or before October 1, 2004 as required by Section 403 of the City Charter.
DISCUSSION:
On August 19, 2004, Council Member Adams submitted a letter of resignation to the
City Council and staff. The letter specifies September 1, 2004 as the effective date of
his resignation. The letter of resignation creates a vacancy on the City Council. Section
403 of the City Charter states that, in the event of a vacancy "from whatever cause
arising" the City Council shall fill the vacancy "by appointment... of a qualified person
from the district in which the vacancy has occurred." In the event "the City Council does
not fill the vacancy within thirty days after such office have been declared vacant" the
City Council "shall forthwith cause an election to be held to fill such vacancy from the
proper district."
I am recommending the City Council declare the office held by Council Member Adams
to be vacant on September 1, 2004 and establish a process for appointment of a
August 24, 21004
Page 2
successor on or before October 1. 2004. According to the Charter, the appointee will
serve until the next municipal election and the qualification of a successor. I am
recommending the City Council appoint a successor rather than call a special election
because: (a) th4 District would be without representation in the absence of an
appointment; (b) the deadline has passed to add this vacancy to the November ballot;
and (c) an appointment would avoid the cost of a special election. Because Section
12101 of the Election Code requires that the City Clerk publish a notice of election not
later than the 113th day before any municipal election to fill offices, the deadline for
calling an election in conjunction with the November 2004 election has passed.
Therefore, no election may be held on November 2, 2004 for a vacancy occurring
subsequent to the 113th day prior to that date (July 12th)
A special election could not be held less than 88 days from the call date and would be
conducted before or during the holiday season. In the absence of a Council appointee,
District 4 would be without a local representative for at least three months. The
estimated cost for a special election would be in the range of $75,000.
The City Council may wish to consider a selection process similar to that used to
appoint a replacement when Council Member Proctor resigned from the Council. The
process could include (a) direction to the City Clerk to notify qualified persons in the
district that applications for appointment to the position will be accepted until noon on
Thursday, September 9, 2004; and (b) interviews of candidates, and selection of the
successor, at a duly noticed meeting of the City Council open to the public, using the
same procedure that was used to conduct the interviews to fill the vacancy in District 2.
The process would be as follows:
The Council would conduct the interviews in the Council Chambers at a date
determined by the Council (on or before October 1, 2004); the interviews would be
televised; about 25 minutes will be allotted per Council candidate for questioning which
will include a two minute opening statement and a five minute closing statement by the
candidate; the order of the interviews would be determined by drawing the names from
a hat; the candidates would be sequestered and return to the sequester area after the
interview; if the City Council accepts the candidates, Council would appoint by a
majority vote of the City Council, swear in, and seat the District 4 Council Member at
that time.
Submitted by:
LaVonne M. Harkless, MMCy
City Clerk
Attachments: Resignation Letter dated 8/19/04
District 4 Map
OF NEWPORT BEACH
OFFICE OF THE CITY COUNCIL
o OFFIr :;;; -' (r�E CITY CLERKS
Mayor
T nr :? `:RPCRT 3EACii
August 1�J, 004
Tod W. Ridgeway
Mayor Pro Tem
Garold B. Adams
VIA E -MAIL AND FIRST CLASS MAIL
Council Members
Steven Bromberg
Hon. Tod Ridgeway
John Heffernan
Mayor
Richard A. Nichols
City of Newport Beach
Steven Rosansky
3300 Newport Boulevard
Don Webb
P.O. Box 1768
Newport Beach, CA
Dear Mr. Ridgeway:
As you know, my new position at Parsons Corporation necessitates I relocate to
the Washington D.C. area; therefore, effective September 1, 2004, I hereby vacate
my position on the Newport Beach City Council.
It has been an honor to serve the city and I am deeply grateful for the opportunity
to have done so.
Sincerely,
Garold B. Adams
cc: Mr. Homer Bludau
Hon. Steve Bromberg
Hon. John Campbell
Ms. Robin Clauson
Hon. Christopher Cox
Hon. Bert Hack
Mrs. LaVonne Harkless
Hon. John Heffernan
Hon. Ross Johnson
Hon. Dick Nichols
Hon. Steve Rosansky
Hon. Dana Rohrbacher
Hon. James W. Silva
Hon. Don Webb
Hon. Tom Wilson
City Hall • 3300 Newport Boulevard • Post Office Box 1768
Newport Beach, California 92658 -8915 • www.city.newport- beach.ca.us