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Home My WebLink About07 - Resignation of Council Member Gary ProctorCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 September 23, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney & City Clerk LaVonne M. Harkless, City Clerk, 644 -3005 — Iharkless @city.newport- beach.ca.us Robert Burnham, City Attorney; 644 -3131 - rburnham @city.newport- beach.ca.us SUBJECT: The Letter of Resignation Submitted by Council Member Proctor and the options available to the City Council for filling the vacancy in District 2. ISSUE What options are available to the City Council with respect to filling the vacancy resulting from the letter of resignation delivered to the City Clerk by Council Member Proctor? RECOMMENDATION The City Clerk and City Attorney recommend that (1) The City Council declare the office currently held by Council Member Proctor to be vacant on September 30, 2003, 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 29, 2003 as required by Section 403 of the City Charter. DISCUSSION On September 17, 2003, Council Member Proctor submitted a letter of resignation to the City Clerk. The letter specifies September 30th as the effective date of his resignation. The letter of resignation creates a vacancy on the City Council. 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." (Section 403) In the event "the City Council does not fill the vacancy within thirty days after such office shall have been declared vacant' the City Council "shall forthwith cause an election to be held to fill such vacancy from the proper district." We are recommending the City Council declare the office held by Council Member Proctor to be vacant on September 30, 2003 and establish a process for appointment of a successor on or before October 29, 2003. According to the Charter, the appointee will serve until the next municipal election and the qualification of a successor. We are recommending the City Council appoint a successor rather than call a special election because: (a) the District would be without representation in the absence of an appointment; (b) there is a limited amount of time remaining on the current term of that office; and (c) an appointment would avoid the cost of an election A special election could not be held less than 88 days from the call date and would be conducted during or shortly after the holiday season. In the absence of a Council appointee, District 2 would be without a local representative for at least three months. The successful candidate would be serving a term of less than one year. The City Clerk estimates the cost of a special election to be in the range of $75,000. The City Council may wish to consider a selection process similar to that used to appoint members of boards and commissions. The process could include (a) direction to the City Clerk to notify qualified persons in the district that applications for appointment to the position will be accepted until October 10, 2003; (b) appointment of an Ad Hoc committee to review applications, interview candidates and make recommendations to the City Council with respect to potential appointees; (c) interviews of candidates recommended by the Ad Hoc Committee, and selection of the successor, at a duly noticed meeting of the City Council open to the public. by: M. Harkless, City Clerk & Robert Burnham, City HY: ro�TO^ G. �ssoc�s:ea; ._ _.. '7 -C3 GARY L PRCk TOF JAKE 9AOWFR �+ j- aRWN, "A,N1OU MARK PRED7UCK l o(/.: \LLi>♦rrat�+�7 .1�{/1�Yi: CARA MENDER MARCA7CL^T'PMU SAUL RMTS rr ,,+V. (�� Gary Inc. Cp-Wi aRK KARENRLADMGROEN 1... "PMO -ori " 'PA;',IY M,2At MARTHA FRANCO WKNOY HUNI'Ck - . .: _:. .. ... Attorneys and Caunsenrs at Law FtOWR. AZ42 .:JOA.Tl 57LRV ALYSSA SAYS ..:,. DONNA CHIRCO SAt7DRA FbLt "4 JENNIFER SHIMAHARA CaGfamin' CoCowdo • Ir -decal Colut ..:'.'..: ru.Ex/4�ER'rE,x, F:A774,LEN LLULR ...... .. ..:;::..'...: .... �(. _ 'IF1(M7AS'DESTM$R SliRtNA SUN .. September .15, 2003 Honorable Stcve Bromberg.. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Honorable Steve Bron'IbIhT- Please accept this le#ter ea f9tT9Rit,il�Cl1 ofd inttt}ticf' resign my seat on the Newport 84iW.:. ei%ctrvIb 5 Attached is a more detatledexpIio#:1 usy:decistertttt fJ3at LTA has been a'pleasure m with yzx+ atd ofh t. excelled city staff on behiijt f:s-- rrc city for tent tasf 3 This month marks.th626 :' ' :0 elected elected official and the time is light tondiirod;wy -Fake etiorts. Best wishes to all of the.itWkzted,r .oftWO, of the city council members, bend °Aatf, 3fi8 serve with are only paralleledaiwel�.e�y ti tirelessly for the residents of t#uib i.ipvbtkttl quality individuals and extend t: iii ii�ic i!bit Ora Settxntiy,:' 600 Suu1L Main Sue�Svlu: 900V Td: (714) 587-5855 Fu: M vacate and tit3er ��t, 2bfl3 Ird; `. r�inbers and an '. Cdikmu' 91A!! I71.7o� Sm.a Lm,w 'SYds 73� 6r Jul, Calla 95773 5474656 "r¢(Idq 99Sd77.` Tar. (40t}9TSL7I4 tolk SEP -17 -2003 11:26 714 5.17 4_5; :l5% :.02 S rrcc- or £. 4SFDC7 -c. -'t 5a7 <.356; _ =p- "� " -03 ��,to; At the council meeting on September 9`s our city manager presented his list of accomplished goals, the first being the completion of the John Wayne Airport Settlement Agreement extension. With that discussion the realization came home to roost that 20 years had passed since 1 became involved in airport issues as an appointee; to the Orange County Airport Commission. When I ran for the council from district 2,1 was Ibcused on bringing that airport related experience to the issues of seeking to secure commercial aviation at El Toro and to resist unconstrained growth at JWA. With my background in Airport issues as an attorney, a pilot, a member of the Airport Commission and the Citizens Advisory Commission to oversee the reuse o I' El Toro I ran and was elected to Newport Beach city council in November 2000. I sought to use that expertise on what were then front burner issues relating to air transportation and the potential negative consequences to Newport Beach of meeting all air transportation needs solely at JWA. the current status ufEl Toro and JWA are much less fluid now then they were over the last S years, and thus my expertise in those arenas is less relevant now to the city as a whole. Everyday a City Council is faced with challenges that are important to citizens in various locations throughout Newport Beach. Thus, the Council never lacks for challenge and fresh ideas as how to resolve issues to maintain the beauty and quality of life residents of Newport Beach expect and deserve. Twenty years seemed like an appropriate anniversary to rededicate my efforts in my professional and personal goal and permit another to address rite numerous neighborhood and citywide issues that are important to our residents. It is for these reasons and for purposes of personal redirection that I am submitting my resignation from the City Council effective September 30, 2003. SEP -17 -2003 11:26 714 547 4656 95? P.03 � n '` �'� i