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HomeMy WebLinkAbout17 AUDIT COMM. TERM 02-20-01AGENDA R PORT "" No. 17 02-20-01 · MEETING DATE' TO- FROM' SUBJECT: FEBRUARY 20, 2001 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY INTRODUCTION OF AN ORDINANCE AMENDING THE TERMS OF OFFICE OF THE MEMBERS OF THE AUDIT COMMITTEE SUMMARY: At the last City Council meeting, the City Council requested the City Attorney to prepare an ordinance that would amend the terms of office of the members of the Audit Committee and of the Cultural Resources Advisory Committee in a manner similar to the ordinance amending terms of Planning Commissioners and Park and Recreation Commissioners. RECOMMENDATION' Introduce ordinance amending terms of office of the members of the Audit Committee. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND: After consultation with the Director of Community Development and the City Manager, the City Attorney is not recommending that the Council move forward with any change to the appointment process for the Cultural Resources Advisory Committee. This is because this committee, as a matter of State law, has certain residency requirements, i.e., three members must reside or own property within the area, and further, requires at least one architect or design person, one person knowledgeable in local history and historical preservation, one person engaged in business within the Cultural Resources District, and one member of the Tustin Historical Society. Because of the unique .qualifications of this committee, it is not like other committees and it is often a challenge for the City to find people who are eligible to serve. However, if the Council feels differently, we can bring this back at a future meeting. The proposed amendments for the Audit Committee track what was previously approved for the Planning Commissioners and the Parks and Recreation Commissioners. All terms will be up as of March 31, 2001. Subsequently, two (2) appointees will serve for one (1)' year and three (3) appointees will serve for two (2) years. Thereafter, ali appointees shall serve a four (4) year term until March 1, of each year in which their term expires. For your information, we have attached a list of the current Audit Committee members. ATTACHMENTS' Ordinance List of Audit Committee members 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TERMS OF OFFICE OF MEMBERS OF THE AUDIT COMMITTEE THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. AMENDMENT OF THE TERMS OF OFFICE OF AUDIT COMMITTEE MEMBERS. Section 1539 of Tustin City Code is hereby amended to read as follows' Members of the Audit Committee shall be appointed by the City Council. -T-he +'""'"'° of +he ~'*,", ~o~ ,-,.,,.,,.,.,~,-,~o ,,.,h,-,~,, ,,-,,-,.,.,~ ,.,,.~,.,,. +,-, ~'"~"~W ! laa! '~":"'" ~'-' "'v'"ire ;"' !aa') o~,o!! ,,,,~,i~.-, ,-, +~'" third ~"~'-'""~o', ;-' ~,,l,, 4 aah 0,,,4 +~'e ..... '- '""'!'" ....... , ...... I'" .... 'ri' .... ,..,, ,,.., ,,, ~.,~T~..,,41.~I ~,.~TiIi~i~,~,~i vvl I~,,!~,~,,~ Ii~...FiiJ i~,~ ~1 i~rl ~.,,~ i ~.~'J~.arl ~l.,,l~,,i I ~ ~ ~,..,~...,~ ! vv~,.i~,~ Ii~r ~,~,,~,~,~11 ~,~ ill I ~,~,.,~'~,,,~ Committee members shall expire as of March 31,2,,0.0.. 1....T..,he terms of office of two (2) new a..ppointees shall be until March 1,2002. The terms of office of three (3) new appointtees shall be until March 1, 2003. The terms of each of said offices shall thereafter be for four (4) years, commencing on the expiration date of each office as prescribed hereinabove. All members of the Audit Committee 'shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. All members of the Audit Committee shall serve until their respective successors are appointed and qualified. Members of the Audit Committee shall receive compensation as prescribed by the City Council from time to time. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the day of ,2001. TRACY WILLS WORLEY Mayor PAMELA STOKER. City Clerk 132241v3 Ordinance No. Page 2 of 22 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ 4 CITY OFTUSTIN ) CERTIFICATION FOR ORDINANCE NO. 10 11 12 13 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California., does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No.~ was duly and regularly introduced and read at the regular meeting of the City Council held on the day of ,2001 and was given its second reading, passed and adopted at a regular · meeting of the City Council held on the day of ,2001 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: 14 15 16 PAMELA STOKER City Clerk 17 18 19 2O 21 22 23 24 25 26 27 28 132241v3 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TERMS OF OFFICE OF MEMBERS OF THE AUDIT COMMITTEE THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF THE TERMS OF OFFICE OF AUDIT COMMITTEE MEMBERS. Section 1539 of Tustin City Code is hereby amended to read as follows: Members of the Audit Committee shall be appointed by the City Council. The terms of office of all current Audit Committee members shall expire as of March 31,2001. The terms of office of two (2) new appointees shall be until March 1, 2002. The terms of office of three (3) new appointtees shall be until March 1, 2003. The terms of each of said offices shall thereafter be for four (4) years, commencing on the expiration date of each office as prescribed hereinabove. All members of the Audit Committee shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. All members of the Audit Committee shall serve until their respective successors are appointed and qualified. Members of the Audit Committee shall receive compensation as prescribed by the City Council from time to time. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of'the City of Tustin held on the day of ,2001. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk 132241v3 AUDIT COMMITTEE Oualifications: Of the five member committee, four (4) are required to be registered voters in the City and one (1) a registered voter within the Tustin Water Corporation area. Terms are for four (4) years; no term limits. Name Appointed Term Expiration Date Maureen Gallogly 5-2-94 7-16-01 John Garner 8-5-96 7-21-03 Donnie Smith 7-3-95 7-21-03 Walt Sullens 3-20-89 7-16-01 Sheldon Weiner 7-7-97 7-16-01 .~:COMMISSON/COMMITTEE/MADDYLIST