HomeMy WebLinkAboutCC AG PKT 2008-03-10 #F
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AGENDA STAFF REPORT
DATE:
March 10, 2008
TO:
THRU:
FROM:
Honorable Mayor and City Council
David Carmany, City Manager
Linda Devine, City Clerk
SUBJECT: CITY COUNCIL VACANCY - DISTRICT FOUR
SUMMARY OF REQUEST:
Accept the resignation of Councilman Ray M. Ybaben effective March 15, 2008.
Declare the District Four City Council position to be vacant, invite the submittal of letter
of interest from any qualified person, with said appointment to be made by April 14,
2008.
BACKGROUND:
City Charter section 403. Vacancies. A vacancy in any elective office shall be filled in
accordance with state law. Government Code Section 36512(b) is the relevant code
section and provides as follows:
"If a vacancy occurs in an elective office provided for in this chapter, the council shall,
within 30 days from the commencement of the vacancy, either fill the vacancy by
appointment or call a special election to fill the vacancy. The special election shall be
held on the next regularly established election date not less than 114 days from the call
of the special election. A person appointed or elected to fill a vacancy holds office for
the unexpired term of the former incumbent. "
The general municipal election for Councilman Ybaben's seat will be held on November
11, 2008. Accordingly, staff recommends that the Council appoint a new
councilmember to serve District Four until the next election.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Accept the resignation of Councilman Ray M. Ybaben, effective March 15,2008. Adopt
a resolution declaring vacancy, directing City Clerk to post a Notice of Intention to Fill a
Vacancy, and advertise for applicants to fill the vacancy.
~4~'~
in a Devine, ity Clerk
NOTED AND APPROVED:
~'t*
David Carmany, Jity Manager
Agenda Item F
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Ray M. Ybaben
4373 Hazelnut Avenue
Seal Beach, California 90740
562-400-7229
February 29, 2008
Mr. David Carmany
City Manager
City of Seal Beach
Dear Dave,
It is with great sorrow that I submit my resignation, effective March 15, 2008, from the City of
Seal Beach Council Representing District Four.
I took this decision because the demands of my work and travel schedule have reached the
point where I believe I cannot properly serve the residents of Seal Beach and especially District
Four in the manner that they need, expect, and deserve. I am very proud of the
accomplishments of the Council during my brief four years, in particular the fiscal progress
achieved and the infrastructure improvements made and planned.
It has been my honor and privilege to sit on the Council. This experience is one I will long
treasure. I am grateful to the people of College Park East, District Four, for having the
confidence to select me as their representative.
l.astly, I wish to thank you and the city staff for the dedication and hard work on behalf of all of
us who call Seal Beach our home. This is a wonderful community and I'm confident it will
remain so in the future.
My best to all,
Respectfully,
!l(p.y M. tfla6en
ravvbaben@vahoo.com
562-400-7229
PS. I've no objection to being contacted by anyone via email or my cell phone
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RESOLUTION NUMBER
A RESOLUTION OF THE crrv COUNCIL OF THE CITY OF SEAL
BEACH DECLARING A VACANT SEAT ON THE SEAL BEACH
crrv COUNCIL, DIRECTING THE crrv CLERK TO POST A
NOTICE OF INTENTION TO FILL A VACANCY ON THE SEAL
BEACH crrv COUNCIL, AND ADVERTISE FOR APPLICATIONS
TO FILL THE VACANCY.
WHEREAS, on Tuesday, March 7, 2004 Ray M. Ybaben was elected to his first
term of office on the City Council representing District Four of the City of Seal
Beach; and
WHEREAS, a vacancy on the Council of the City of Seal Beach now exists as a
result of Mr. Ybaben's resigning his seat on the City Council, effecllve March 15,
2008; and
WHEREAS, the City of Seal Beach City Cherter section 403. Vacancies. A
vacancy In any elective office shall be filled In accordance with state law.
Government Code Section 36512(b) Is the relevant code section and provides as
follows:
"If a vacancy occurs In an elective office provided for In this chapter, the council
shall, within 30 days from the commencement of the vacancy, either fill the
vacancy by appointment or call a special election to fill the vacancy. The special
election shall be held on the next regularly established election date not less than
114 days from the call of the special election. A person appoinled or elected to
fill a vacancy holds office for the unexpired term of the former incumbent." and
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WHEREAS, it is the desire of the Council of Seal Beach to the fill the vacancy on
the Council In a manner provided by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA:
1. That the City Council hereby declares that, as Of March 15, 2008, a
vacancy will exist on the Seal Beach City Council;
2. That it Is In the best Interest of the City of Seal Beach to fill the vacancy
by appointment to assure conllnulty in our local government; and
3. That the City Council hereby directs the City Cieri< to post a Notice of
Intention to Fill a Vacancy on the Seal Beach City Council and advertise
for appllcallons to fill the vacancy.
PASSED, APPROVED, AND ADOPTED by the CIty Council of the City of Seal
Beach on the 10th day of March.. 2008 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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Mayor
Resolution Number
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ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Unda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution Is the original copy of Resolution Number on file In
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 10th day of
March. 2008.
City Clerk
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