A point, please

S.J. CAHN

If you walk by your local coffee shop during the next few days and

see someone hunched tightly over a few pages of paper, here’s one

possible explanation:

They’re scouring through the Newport Beach City Charter, trying to

find a way to get an election to happen in November.

My looks through part of the charter, as well as a lawyer’s take

on how Councilman Gary Adams -- who’s announced plans to resign,

though hasn’t resigned yet -- can be replaced, don’t offer these

folks much hope.

First, for those who’ve missed it, the back story. A week ago,

Adams announced he’d be leaving town, and thus his seat, in the fall.

Initial thoughts were that he could be replaced either by election or

by appointment. And, the thinking went, with a general election

already set for November, why, what could be easier than adding

Adams’ district to the mix?

If politics weren’t filled with so many scoundrels (not here, of

course!), I’d make reference to a camel and the eye of a needle, but

since the Founding Fathers wanted to keep religion out of government

anyway, I’ll just say: A lot turns out to be easier.

The reason why hinges, as far as I can tell, on one word: shall.

While attorney Dana Reed, to whom Newport Beach City Attorney Bob

Burnham turned to clarify this issue, notes this strongly in his

opinion, even my untrained eye noted the finality of this statement,

from Section 403 of the city’s charter: “A vacancy in the City

Council from whatever cause arising, shall be filled by appointment

by the City Council of a qualified person from the district in which

the vacancy has occurred...”

Not much wiggle room there. Perhaps there’s some contrary note

elsewhere in the city’s laws, but this section is downright clear.

And that turns the discussion from “can there be an election and

who might run” to “whom might the council appoint?”

One name to mull over is Planning Commissioner Barry Eaton, who

told me, “I’m pretty sure I’ll apply if it’s an appointment.”

Interestingly, Eaton said he was less enthusiastic about raising

his hand if it were an election because of the cost -- followed by

the cost just two years later when Adams’ seat is up for reelection.

Eaton, a retired city planner who has been on a number of city

committees, is the president of the Eastbluff Homeowners Assn. and is

a member of the Airport Working Group, brings to the table many of

the qualifications the City Council looked for a year ago when it

replaced former member Gary Proctor with Steve Rosansky: knowledge of

the city and its issues, including the airport and clean water.

Those aren’t the only qualifications, of course.

Both Councilman Steve Bromberg and Rosansky also stressed that it

shouldn’t be someone who, as Bromberg put it, “carries a

flamethrower,” someone who would be on the short end of repeat 6-1

votes.

“It should be someone who would work well with the rest of the

council,” Rosansky said, though not a “yes man.”

Rosansky also listed lengthy residency as a plus as well as,

interestingly, someone who knows the people involved, not just the

issues.

I put Bromberg a bit on the spot and asked him, straight out, if

controlled-growth group Greenlight (which also acts as a watchdog

group and so far has been vocal in opposition to the council

appointing a replacement for Adams) should even bother putting a

person forward.

“Absolutely, by all means,” he said.

“Anybody who applies, and I mean this in all sincerity, is going

to get a fair hearing,” he said.

So far, those anybodies are few and far between. By several

accounts, Adams’ District 4 is the least politically active in

Newport Beach. (If it were Bromberg leaving his seat, there would

probably be ads in the paper already from a handful of people hoping

to replace him.) So there are not many serious front-runners.

Along with Eaton, Phil Lugar’s name has come up. He’s a

co-chairman of the General Plan Advisory Committee and a member of

the Environmental Quality Affairs Citizens Advisory Committee.

Both have served the city, which clearly is going to be a central

deciding factor.

If there are other folks you think would be good candidates, feel

free to let me know.

ONE OF THE JOHNS SHOWS

OK, I can be wrong.

No need to stop the presses on that one.

A week ago I wrote that, with Sen. John Kerry picking Sen. John

Edwards as his vice presidential running mate, Newport-Mesa was an

unlikely stop for any of the four men who are expected to be sitting

at the top of the ballot come November.

Turns out, the unlikeliest of the four -- Edwards -- will make a

Newport Beach stop. And at the unlikely gathering hole known as the

Balboa Bay Club & Resort.

The not-so-unlikely cost? Just $1,000 a plate, unless you want a

special seat, and then it’ll cost you $2,000.

In my defense, here’s the last line of last week’s column, again:

“Of course, you never know how things will go in politics.”

So I was smart enough to hedge my bet.

* S.J. CAHN is the managing editor. He may be reached at (949)

574-4233 or by e-mail at s.j.cahn@latimes.com.