HomeMy WebLinkAboutS21 - District 5 Council Seat VacancyCITY OF NEWPORT BEACH
• CITY COUNCIL STAFF REPORT
Agenda Item No. S21
May 24, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
LaVonne M. Harkless, City Clerk
949- 644 -3005, Harkless@city.newport-beach.ca.us
SUBJECT: Pending Resignation of Mayor Bromberg from the City Council and
the Options Available to the City Council for Filling the Vacancy in
District 5
ISSUE:
What options are available to the City Council with respect to filling the vacancy
resulting from the pending resignation of Mayor Bromberg?
• RECOMMENDATION:
1) Declare the District 5 Council seat to be vacant as of the effective date
announced by Mayor Bromberg.
2) Establish a process leading to the appointment of a successor as required by
Section 403 of the City Charter.
DISCUSSION:
On May 19, 2005 Mayor Bromberg was appointed by Governor Schwarzenegger to a
judgeship in Orange County Superior Court. The appointment means that once Mayor
Bromberg has been sworn in he will have to resign his seat on Council as the
representative for District 5. At this time the effective date of his resignation has not
been determined and is pending based upon an upcoming meeting with the presiding
judge. 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."
• According to the Charter, the appointee will serve until the next municipal election and
the qualification of a successor.
Pending Resignation of Mayor Bromberg
May 24, 2005
Page 2 •
The City Council may consider using a selection process similar to that used to appoint
a replacement when Council Member Adams resigned from the Council. The
appointment 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 a date determined by Council; 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
4. The process would be as follows:
The Council would conduct the interviews in the Council Chambers at a date
determined by the Council; the interviews would be televised; about 25 minutes would
be allotted per Council candidate for questioning which would 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 5 Council Member at that time.
For instance, when Council Member Adams resigned the Council took action on August
24, 2004 declaring the seat vacant effective September 1, 2004 and established the •
process for appointment on or before October 1, 2004. The legal notice was published
in The Daily Pilot on August 28 and September 4, 2004 and applications were accepted
until September 9, 2004. On September 14, 2004 the Council confirmed the
parameters for conducting the interviews and the voting procedures and set the
interviews and appointment for September 21, 2004. On September 21, 2004 the
interviews were conducted and Council Member Daigle was appointed to fill the
vacancy created by Council Member Adams' resignation.
In the event the Council fails to appoint a successor within the thirty (30) days required
by the City Charter, the Council will be required to call a special election to fill the
vacancy. Since the County does not have an election scheduled until June 2006, a
special election to appoint a replacement would be a stand -alone election. The cost for
a special election would be between $2.50 - $3.00 per registered voter ($150,762 -
$180,915), based on 60,305 registered voters.
Submitted by:
M, Y �
LaVonne M. Harkless, MMC
City Clerk •
-joazl- Mayor Steve Bromberg
City of Newport Beach
May 24, 2005
Newport Beach City Council
Homer Bludau, City Manager
Dear Colleagues,
"RECEIVED AFTER AGENDA
PRINTED:" Sal S \ayl�s
HAND DELIVERED
As a result of my recent judicial appointment to the Orange County Superior Court bench
by Governor Arnold Schwarzenneger. I am resigning my position as Mayor and
Councilman for the City of Newport Beach, effective June 16, 2005. The last city
council meeting that I will attend and preside over will be on June 14. 2005.
My resignation is being given with great sadness, however, California law is very clear to
the extent that I shall not hold both positions. I cannot even begin to express my sincere
appreciation to you all for not only the support you have given to me personally, but also
for your professionalism which is of the highest level.
Sincerely
t en Bromberg
c:
1506 Park Avenue • Balboa Island • CA • 92662
(949) 640 -2001 Office • (949) 644 -1853 Fax
1506 Park Avenue • Balboa Island • CA • 92662
(949) 640 -2001 Office • (949) 644 -1853 Fax