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HomeMy WebLinkAbout22 TERMS OF OFFICE 02-05-01ENDA NO. 22 02-05-01 MEETING DATE: TO: FROM: SUBJECT: FEBRUARY 5, 2001 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY ORDINANCE CHANGING TERMS OF OFFICE OF COMMISSIONERS SUPPLEMENTAL REPORT Since Councilmembers have four (4) year terms and Commissioners have two (2) year terms, it is not possible to precisely align Commissioner terms with Council elections. The most that can be done is 'to permit appointments every two years approximately ninety (90) days after the election. The ordinance presented in the original staff report is aimed at aligning initial new terms with Council elections (2 in 2000; 3 in 2004), but it results in drastic changes to existing terms of office. Using the Planning Commission as an example, two Commissioners appointed less than a year ago would have their terms shortened to March 1, 2001. Three Commissioners appointed nearly two (2) years ago would have their terms extended for eighteen (18) months. Another option that allows new appointments as of March 1, 2001, but minimizes damage to existing terms is presented in this supplemental report. That is to shorten the terms of the majority of Commissioners to March 1, 2001, and to lengthen the terms of the minority to March 1, 2003. The 'result is to cut 3½ months off the terms of the majority and to add 6½ months to the terms of the minority. A proposed ordinance that accomplishes this is attached for your consideration. have also attached a revised Ordinance No. 3. We ATTACHMENTS 1: Ordinance Supp. #1 Ordinance #3 (Revised) SUPPLEMENTAL AGENDA REPORT ATTACHMENT ORDINANCE SUPP. #:1 '1 4 10 11 12 13 14 15 16 17 18 19' 2O 21 22 23 24 25 26 27 28 Supp. # 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMEND°lNG THE TUSTIN CITY CODE PERTAINING TO THE APPOINTMENTS AND TERMS OF COMMISSIONERS APPOINTED TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PLANNING COMMISSIONERS. Section 1513 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below' 1513 APPOINTMENTS AND TERMS Members. of the Planning Commission shall be appointed by the City Council. The terms of office of three (3) *,..,, .... (2~/of the holders of said offices that expire on July 16, 2001,. shall instead expire on March 1,2001..-on Feb,,~ry 1, ~ r~r~1,.,.~ , shall be ~-~'"",,,,,,, *~at,,, ~,~~ .... ~,,,,,~' +~,,,~ ~ird~,, ~-~" ~- "'fy Ia~4 ~.~ ~The terms of office of two (2 ~v,~,,~ ,,, ~ , ~,, .,,~ _ . ~ .,,, ~ ~zof the holders of said offices that expire, on July 15, 2002, shall, instead expire on March 1,2003. on Februa~' I, 1991 shall ~ ~-~ *~+ ~+~ 'ly Iaaa The term of each of said offices shall ~ ,,~,,, ,,,~, ~,~ until +~,,,c +~i'~,,, ~"~" ~" , therea~er be for two (2) years commencing on the expiration date of each office as prescribed hereinabove. No member shall se~e more than ~o (2) successive terms, except that a~er an individual has se~ed two (2) successive terms and at least two (2) additional years have elapsed, that individual shall be eliqible for reappointment..~'~, .~ ,D'~"";"~,~, ,, ,,, '~ ¢~~;¢¢;~,, ,,, ,,¢¢,~, ........ ,~, ,, '~ . ggl V~ ilIUIV LIIBii Llilg~ kg/ lull ~UII~VU~IV~ ~gilllg, All members of the Commission 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 Commission shall serve until their respective successors are appointed and qualified. A member of the Planning Commission shall automatically be deemed removed from office upon filing for or announcing his or her candidacy for any elective office or upon the occurrences of three (3) successive unexcused absences from Planning Commission meetings or upon more than five (5) absences from Planning Commission meetings within any six (6) consecutive month period. SECTION 2. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PARKS AND RECREATION COMMISSIONERS. Section 1553 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1553 APPOINTMENTS AND TERMS Members of the Parks and Recreation Commission shall be appointed by the City Council. The terms of office of four (4) of the holders of said offices that expire on July 16, 2001, shall instead expire.,, on March. 1, 2001 . ~ ,'~'"'-~-"--', ,,., , ,,~, .~ o,~ ~'"'l,~, ~,,.~-'- ~-'-~', , ~,,,, +~,, ,c +;~",,,, ,~. of +~'";-,, ,,.,, .... ~"'*~'""+' '"'+;I +~'" *~'ird,~ ~'"'~"", ,,,,,~ ,, ;"', ,,,," 'fy, I n~1.,., ~"n'~,., *. The terms of office of three (3) of the r...lj../j.,F%./il II.i I i%.,~1 i~ ~.il i1.1 I.i iT~ I.i i I~.,~ holders of said offices that expire on July 15, 2002, shall instead expire on March 1, 2003. 131045vl 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. Page 2 of 2 . ,~,,.~ .,...,,.i~,~....,.nt, .n,~l ,~,,. ,~,~,-L~,.~,,~ .... ~ "'ly I r,n') Th '"'"~'~'""",, ,,.,, ,,,., .. "oh.,"' I ~'",~. -,*"""', ~,,,, th, e *~mc,, of ,,,~.,, ~,~,~,~,, ,,,,,~. ,, ,, ,,,,. ,, ,,,,~,.,~,,,~,~ ~,, .u , .,.,,_. e term of each of said officers shall thereafter be for two (2) years commencing on the expiration date of each office as hereinabove provided. No member shall serve more than two (2) successive terms, except that after an individual has served two (2) successive terms and at least two (2) years have elapsed, that individual shall be eliqible for reappointment. :-No of --' ~'-' may tha ) te ..... ~,.,.,.+~,., r', .... ~iISS,,.,P, SCPFO .... p, +~,.,.,,-, z'~ ~:,,~ ........ +;VO """"~- i1191111~/~'i 1.119~..~.~'11 I iI1~.~1~..' t.I Ii~.~'~,' ~d lull ~...~-21 i~..~-~'~'..~ii-i illlg. All members of the Commission 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 Commission shall serve until their .respective successors are appointed and qualified. 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 131045vl Ordinance No. Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 10 11 6 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City o~ Tustin, California, does hereby certify that the whole number of the members of the City Council of the 7 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 8 ,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 9 vote: :, COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: 12 13 14 15 PAMELA STOKER City Clerk 16 17 18 19 2O 21 22 23 24 25 26 27 28 131045vl SUPPLEMENTAL AGENDA REPORT ATTACHMENT 2 ORDINANCE #3 (REVISED) Revised # 3 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 '24 25 26 27 2'8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PERTAINING TO THE APPOINTMENTS AND TERMS OF COMMISSIONERS APPOINTED TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PLANNING COMMISSIONERS. Section 1513 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below' 1513 APPOINTMENTS AND TERMS Members of the Planning Commission shall be appointed by the City Council. The terms of office of three (3). . ,,~,~, .... t--/°~/of the holders of said offices that expire on July 16, 2001 ...... , shall instead expire on March 1,2001. ,.,,,---',~"~'~.~, ruc, ry I ~ I nn~,~, I~ o,,~,,"~'"~ be ~'""~,, ~,,,, ~,,+~'c,t ,~ ~.'~"+ .... ~,, ,~,+~I +~'"~, ,~ +~ird~, , ,~,,.,,~ ~""'~"",,~;, ~",,, ,,~,,z~' '~,', 4,.,~,nnl ~,nd" t:The_ terms of office of two (2.) ,, *~',roe t/'~,.,/~ of the holders of said offices ~"~' ...... I Innl "~'"~I t. hat expire'an July 15, 2002, shall in..s.tea¢ expire on March 1,2003.:on, ~.~,,~,~,,¢ , ..~ o,,,, -'~;~ *~' *~"rd ~""day in Jut~, Irma The term af eaah of said offices shall ~'"~,~. ~'"-',, ~,, ,, ~'~t,,, dc, to u, ,~,, ,, ,o ~, ,i ,~,~,,, " ~,.,._. thereafter be for two (2) years commencing on the expiration date of each office as. prescribed hereinabove. No member shall serve more than two (2) successive ter .m. s, except that after an individual has served two (2.) successive terms and at least two (2) additional years have sed, that individual shall be el ible for reappointment. ,,,.,, ,~,,,,,,,~ ,.,,.,,,,,,,,oo,~,,,~., ,,,~ .... · "-.,,. rvc '"'~' re *~' an +~',,, /'~) ¢' '~ ....... +~'"' terms ,,,,., ,,, re6: ,.,,., . All members of the Commission 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. Ali members of the Commission shall serve until their respective successors are appointed and qualified. A member of the Planning Commission shall automatically be deemed removed from officeu ~,,,, ,""" ¢;~;ng,,,, fo r,,, ......... ., n , ,,,,., ,,.,;-"-,,~ hi".. ,,,'-- ho r,...,"""' ~, ,,~ idacy ~---,,.,, .," n y c,,..,.,,~""*; .... v ,. ,,,,,,.~.¢¢;"'- or upon th ei occurrences of three (3) successive unexcused absences from Planning Commission meetings or upon more than five (5) absences from Planning Commission meetings within any six (6) consecutive month period. SECTION 2. AMENDMENT OF TH'E APPOINTMENTS AND TERMS OF PARKS AND RECREATION COMMISSIONERS. Section 1553 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1553 APPOINTMENTS AND TERMS Members of the Parks and Recreation Commission shall be appointed by the City Council. The terms of office of four (4) of the holders of said offices that expire on July 16. 2001 hall i stead expi M h 1 2001 ,~.,,,...~, , s n re on arc , .. . ,,,~.,,,,~.,.~ .~,,~,, ~,~ ,,~,,,, ,, ,~. ,,,,,~. ,.,, ,,,~,, · ' ly f ffi (3) f th appo~-'+'''''-'''+ "-'+~I +~'-- ~'~-'~ ~---"~ ..... ,,~"~ Inn4 "~'~ t_The terms o o ce of three o e ii1.111%.~'111. Ulil. iI.!i~.,. I. illl~,l IVl%.,;I 1~..4~..4,..V i~ 1 ~,,/~,;,/ I I;;~i l~l holders of said offices that expire on July15,. 2002. shall instead expire on March 1, 2003. 130919v2 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. Page 2 of 2--3 ~,~,~, 1902:-. The term of each of said officers shall thereafter be for two (2) years commencing on the expiration 2 date of each' office as hereinabove provided. No member shall serve more. than two (2) successive terms, except that after an individual has served two (2) successive terms and at 3 least two (2) years have elapsed, that .individual shall be eliqible for reappointment. -Ne All members of the Commission shall serve at the pleasure of the City Council and may 5 be removed upon motion of the City Council adopted by at least three (3)affirmative votes. All members of the Commission shall serve until their respective successors are appointed and 6 qualified. SECTION 3. REPEAL OF SECTION 1305 Section 1305 of Tustin City Code, Article 1, Chapter 5, Part 1 (Commissioners who are I candidates for Council) is hereby repealed in its entirety. SECTION 4. 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 O'rdinance. 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 u ncon stitution al. 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 130919v2 Ordinance No. Page 3 of 3-3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ CiTY OF TUSTIN ) CERTIFICATION FOR ORDINANC.E NO. 6 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 7 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 8 ,2001 and was given its second reading, passed and adopted at a regular '~eeting' 6f the city Council held on the day of ,2001 by the following 9 vote: 10 11 12 COUNClLPERSONS AYES: COUNClLPERSONS NOES: COUNClLPERSONS ABSTAINED: COUNClLPERSONS ABSENT: 13 14 15 PAMELA STOKER City Clerk 16 17 18 19 2O 21 22 23 24 25 26 27 28 130919v2 ' AGEND A RT MEETING DATE' FEBRUARY 5, 2001 TO' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM' CITY ATTORNEY SUBJECT' ORDINANCE REGARDING THE TERMS AND APPOINTMENT OF PLANNING COMMISSIONERS AND PARKS AND RECREATION COMMISSIONERS SUMMARY: Pursuant to the City Council's request, we have drafted the attached Ordinance amending the provisions of the .Tustin City Code pertaining to the appointment and terms of Planning Commissioners and Parks and Recreation Commissioners. The goal of the amendment is to more closely align the terms of the Commissioners to the terms of City Councilmembers. (Attachment 1) In the event the Council wants to change the method of selection or delete existing provisions regarding resignation in the event a Commissioner files for elective office, we have proposed language for these amendments. (Attachments 2 and 3) RECOMMENDATION' Introduce an ordinance' (1) amending the terms of current Commissioners; (2) changing the method of selection; (3) deleting language requiring Commissioners to resign if they file for elective office. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND' 1. AMENDING CURRENT COMMISSIONER TERMS Currently, five Planning Commissioners are appointed by the City Council to serve staggered two-year terms with a cap of three consecutive terms. The seven Parks and Recreation Commissioners are appointed by the City Council to serve staggered two-year terms with a cap of three consecutive terms. The proposed changes as indicated in Attachment 1 are as follows' , , The terms of Planning Commissioners and Parks and Recreation Commissioners expire on July 16, 2001, and July 15, 2002. See attached list of Commission members and their terms. (Attachment lA) In order to align current Commission terms to City Council terms, the terms of the minority of the Commissioners need to be shortened and the terms of the majority of Commissioners lengthened. This is because the current Planning Commission terms do not match City Council terms. The amendment shortens the terms of the Commissioners whose term expires July 15, 2002 to March 1, 2001. The amendment extends the terms of those Commissioners whose term expires July 16, 2001 to March 1, 2003. In the future, these changes will give the City Council approximately 80-90 days from the seating of new Councilmembers to consider appointments to the Commissions. Alternatively, if the Council wished to have all Councilmembers reappointed as of March 1, that revision could be made to Attachment 1. We have also amended the cap on consecutive Commission terms from three to two terms. This is consistent with the limitations on City Council terms. CHANGING METHOD OF SELECTION OF PLANNING COMMISSION Councilmember Bone wished to have the Council consider having each Councilmember appoint a member of the Planning Commission. The City Clerk's office has surveyed the 32 cities in Orange County. Five cities have no planning commission. Of the remainder, five authorize each city councilmember to appoint a commissioner. Fifteen authorize the city council to make the appointment. The rest have a variety of approaches. In six cities, the mayor appoints with the approval of the city council. In Brea each councilmember nominates, but appointments are made by the council majority. (See chart at Attachment 2A) If the Council wished to implement this approach, it is recommended that all Planning Commissioners terms be made to expire as of March 1, and that two Commissioners be appointed to terms ending March 1, 2005, and three Counciimembers be appointed to terms ending March 1,2003. DELETING LANGUAGE REQUIRING RESIGNATION UPON FILING FOR ANY ELECTIVE OFFICE (PLANNING)OR FOR OFFICE OF COUNClLMEMBER (BOTH COMMISSIONS) The existing code provides that: "A member of the Planning Commission shall automatically be deemed removed from .office upon filing for or announcing his or her candidacy for any elective office... Section 1513)" In addition, the existing code states' "Any member of any commission of the City on whose behalf nomination papers for the office of city councilman shall immediately resign from his position as commissioner." (Section 1305 a and b) If the Council wishes to delete this language, we have prepared Ordinance 3 (Attachment 3) that accomplishes this goal. ATTACHMENTS: 1: lA: 2' 2A: 3: Ordinance 1 List of Current Commission Members with their Terms Ordinance 2 Chart of Selection Methods Ordinance 3 ATTACHMENT 1 ORDINANCE AMENDING TERMS OF CURRENT APPOINTEES AND CAPPING SUCCESSIVE TERMS AT TWO 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PERTAINING TO THE APPOINTMENTS AND. TERMS OF COMMISSIONERS APPOINTED TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1.' AMENDMENT OF THE APPOINTMENTS AND TERMS OF PLANNING COMMISSIONERS. Section 1513 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1513 APPOINTMENTS AND TERMS Members of the Planning Commission shall be appointed by the City Council. The terms of office of two (2) of the holders ~ said offices that expire on July 15, 2002, shall instead expire on March 1,2001. ,-,~.-~'-~'~" n/!, ~aa~ o~,~h'h,, ,;,,-,~ +h.~+:,~-,*'. ,,~+h *~ ~'.~ ~~'~'~ ~'-~,,~, ~ aa~ ~'~4 ~T~' terms of office of three (3) of the holders of said offices that expire on July 16 ............ 2001, sha~instead expire on March 1,2003 ' :: :-. -~ ~'.' ...L '.;:, a o+~ ,,~ +~ +~,~ ~~'~,, ~,"'":~,,~,, , ~ao:'--T~ term of each of said offices shall therea~er for ~o (2) years commencin~ on the expiration date of each o~ce as prescribed hereinabove. ~o member sh~ll so~o more than ~0 (2) successive terms, except that a~er an indMdual has seme~ tWO (2") successNe terms an¢' at ieast'--~o (2) additional years have elapsed, that ifi vi0 , ' sl be e i ' bte,'f0 reaP~ointmenL' 'NO ?lann~ngCa~m~'S~6ner' maY~~ mare~t~an All members of the Commission 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 Commission shall serve until their respective successors are appointed and qualified. A member of the Planning Commission shall automatically be deemed removed from office upon filing for or announcing his or her candidacy for any elective office or upon the occurrences of three (3) successive unexcused absences from Planning Commission meetings or upon more than five (5) absences from Planning Commission meetings within any six (6) consecutive month period. SECTION 2. AMENDMENT OF THE APPOINTMENTS AND T. ERMS OF.PARKS AND REC ..R..EATION COMMISS!O .N. ERS. Section 1553 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1553 APPOINTMENTS AND TERMS Members of the Parks and Recreation Commission shall be appointed by the City Council. The terms of office of three (3~ ,...., ~ ~-of the holders of said offices that expire on Ju. ly 15, 2002, ...shall ~nstead e.x.p~re on March 1, 2001.----, ................ ~'~j~,/'~./il I~11 lVi i~, T~,ll il. il"l.I I~,~,~ I,,I 111~i IVi~l,,~i Iti..41,..,4,d,y ii I 'l,../~k.41~ I i '~,,~,/ i T~.,~I I~,.J ~,.,_gl I't~ I.~,,~/111g ~,.// ~/'111~,.,~..~' ~kdlr/ iw~/'l~4l of the holders of s~id offices thnt expire on July JO, ZOO. J, shall instead eXpjr.'iS' dn' March 130280v2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 Ordinance No. Page 2 of 3 nnq ,-,-,,~,-,.,~,-,,-o ~l~all I~,,-, .Fr.,.-~r.~ t.h,,-, fir,n,-, ~'F 'l. ¼~;r ~~;r,,t'n,-~,--,n'~ ,,-1, t';I f~;,,','-I I~/l,,",r'.,H ,,.~c 1, ,I,~,, ! CIO") ,.,u,,.-,--~ ............ - ........................ -,, ,.~.~. ......... -,,, u .,, the ............. ~" -Th-~term of each of said officers shall thereafter be for two (2) years commencing on the expiration date of oach offico as horeinabove provided. ~o momber shall serve more than tw9 (2) SUCCeSSiVe terms, except that after an individual has served two f2) ~,uccessiYe terms and at least two (2')years have 'elapsed'; that indiVi'Sual shall""'be 'el'ig'ibl(~ f0r',,rbappoint'ment. -Ne I i!%,./1111r,.,,/%,.,,~1 %./1 ii l'q,~' %.,dlrT~,,/il Ill IIq..1%,dYl'q,,./I I li1~,,,4~ ~./I,.,/I V'i,.,/ iil%.,,/i'~,~ L,I Iq,,,.411 !.,I Ii'~,~.,.,~- ~%,~/ I'q,.411 ~,.,,/%,,,,/i I'~./'%,,~%,,,/'qmAl,pll'~,,/ q.,t~.,~ll I I"q,,./i, All members of the Commission 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 Commission shall serve until their respective successors are appointed and qualified. 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 130280v2 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 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: COUNClLPERSONS ABSENT: PAMELA STOKER City Clerk 130280v2 ATTACHMENT lA LIST OF CURRENT APPOINTEES DEC-19-2~ 16' OITY OF TUST! N 2001 LOCAL APPOINTMENTS i'P~ursuan~'-'t° Govern'ment~-~'ode~"SectiOn~-54.9~;~,' 'foll°wi~":is' ,~ list. of .~'1~;' regular," commissions and commi~ees in the City of' Tustin appointed by the City C6un'cil.that ~iti have term expirations during the coming year. Vacancies that will occur, during 200:1 are identified with an asterisk (*). Fu~her information regarding these vacancies may.be obtained .from the. Oily Clerk at 573- 3025. . PLANNING COMMISSION _0. u.alifica_ti¢_.ns: All members of the Planning Commission must be a registered voter in the City of Tustin. Terms are for two (2) years; 3 term limit. Nam.____Ae Appo!_n_ted ~Tej:__m _Ex pi_ra t ion_D a_t~ Cheryl Bell 7-6-99 7-16-01' Linda Jennings 8-7-00 7.15-02 Steve Kozak 8-5-96 7-15-02 Bernard Miller 10-2-00 7-16-01' Leslie Pontious 8.5-96 7-16-01' PARKS AND RECREATION COMMISSION O_._u_alif_i_cati:O~s: All members of the Parks and Recreation Commission must be a resident of the City of Tustin. Terms are for two (2) years; 3 term limit, Name Appoi_nte, d ?ermExpi r_a.tion D_ate Ray Desselle 7-6.99 7-16-01' Elaine Dove 8-7-00 7-15,02 Todd Ferguson 8,7.00 7- i 6.0 z Adrian Morton 7-7-98 7-15-02 Al Murray 7.3.95 7,16-01 Henry Nunez 7-7-98 7-15-02 Judith Peterson 7-6-99 7-16-01' CULTURAL RESOURCES ADVISORY COMMITTEE · Oualifjc. a_tjons: All members of the Cultural Resources Advisory Committee must be a resident of the City of Tustin. 'At least 'three members of the Committee shall also reside or own property within the area designated as the Cultural Resources District; and membership will desirably consist of at least one (i) architecture or design professional, one (1) person knowledgeable in local history and historical preservation, one (1) p~rson engaged in business within the Cultural Resources District, and one (1) member of'the Tustin Area Historical Society. Terms are for four (4) years. .Name _Ap~_ _.oi nted _T.._er..m F_~piration Date William Hockenberry 7.7-97 7-16-01' Sharon Jones 8.7-00 7.19.04 Nathan Menard 8-7-00 7--19-04 John Sauers 7-7.97 7.16.01' Gary Smith 10-2-00 7.16.01' · ATTACHMENT 2 ORDINANCE CHANGING TERMS, CAPPING SUCCESSIVE TERMS, AND AMENDING METHOD OF SELECTING PLANNING COMMISSIONERS #2 4 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 OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PERTAINING TO THE APPOINTMENTS AND TERMS OF COMMISSIONERS APPOINTED TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PLANNING COMMISSIONERS. Section 1513 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1513 APPOINTMENTS AND TERMS r~,~.-,mh,-,,-o ,-,,':_m,- 0~,-,,-,;,.,,-,, r',,mm;oo;,.,,', -bo~ h,-, 0,-,,-,,.-,;,-,+,~,4 h,, +h,-, ¢';+,, r',-,, ,,-,,-;~ The terms of all current. Piann..ing Commis.s. ioners shall expire as of Marc..b 1,2001, The termS0f office~ of tw© (2)new aDD0intee§ sha!l'i be Until MarCh1, 200'3....T. he terms of three (3) new appointees qh~li he ~'i~fil M~r~h I 9'(i~ gf'fiA,K 'lA,~l,4,-,~-~, ,-,,f ~,~i,4.;m+R,-,',4&-,"i'A,,~ I:'gl,~'~ ,~'"~, ,1 ~dQ'l ~-k~ll' h,,~ ll.l if~. Irl~,.4~'r~,w~ ui If. li ~.i I'~ i,.1111%,.i i¥1~dyi IIl~,,4fi,.14~F Ii 1%.I'~AIJI i %./'~,,,/ I fi,w411~.,l fi. ll'~.,~ f,.'{l,,,~'l I I I~/ VI ~.-*ri11%.1/%../' %.a'l Iii ii %.,/'~ ~'111.~/ %,.~i tl, I IT~,.~' I I'~,..~i%~B%,.a'l ~,l,W ,.~_~o;,4 ,.~,..,o on :.,h..o... ! Ia°! ohoi~ h,, *mm +ho+ do+,. untiltho +h;~,~ ~a,..,,~ay :~, I..ly icao -I'he term of eaah of said offices shall thereafter be for twa (2) years aommencing on the expiration dato of oach offico as proscribod horoinabovo. ~o mombor shall se .rvo more than successive terms, that after an indi¥idual h~§"servefl two {2) SUcceSSive te~ms reappo _' , ~,,'~?,", , Each member of the.City C.ouncil shall be entitled t.o appoint a member of .th,.e Plan..ning Commission ........................................................................ ~ +h~,, ,~ '~,~,,¢ ¢A;~~,,~r,~,, ~,b"a,~ may'be removed upon motion of the City Council adopted by at least three (3) a~rmative votes. All members of the Commission shall se~e until their respective successors are appointed and qualified. A member of the Planning Commission shall automatically be deemed removed from o~ce upon filing for or announcing his or her candidacy for any elective office or upon the occurrences of three (3) successive unexcused absences from Planning Commission meetings or upon more than five (5) absences from Planning Commission meetings within any six (6) consecutive month period. SECTION 2. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PARKS AND RECREATION COMMISSIONERS. Section 1553 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1553 APPOINTMENTS AND TERMS Members of the Parks and Recreation Commission shall be appointed by the City Council The terms of office of three (3) ~""'" ~'~ ~ of the holders of said offices that expire on July 15, 2002, shall instead expire On ~Arch 1. 2001. me~bers"~h~!!"be from t5e time";~f'th~ir 130917vl 10 11 12 13 14 15 16 Ordinance No. Page 2 of 3 1 o"'"'-~'-+~"nt u~'+;~ +~-' third ~'-"'~,' ;" ~',~,, ~ ~! o,,a.+ The terms of office of four (4) +h.,.,. ~q~ of the holder~ of said offices that expire on July ~ 6, ~0~, shall instead._ eXpire On March ~, ~term of each of said officers shall therea~r be for ~0 (2) years commencin9 on the 3 oxpiration date of each offico as heroinabovo provideO. ~o memb~.r ~hall se.me more than ~ (2~ succ. essivo terms, except that a~er an individual.has SemeO ~o (2) ~uccesswe terms nd 4 ~2~a.st}wo (~')'y~'~rS'"havb'e'l'a'pSed, that ind'i'giSual Shall be eliaible'-for 'r~appoi'ntment. a ~ All members, of the Commission shall serve at the pleasure of the City Council and may 6 be removed upon motion of the City Council 'adopted by at least three (3) affirmative votes. All members of the Commission shall serve until their respective successors are appointed and 7 qualified. SECTION 3' SEVE.RABIL!TY. 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 u ncon stitutio n al. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the ..... day of .... ,2001. 17 PAMELA STOKER City Clerk 18 19 20 21 22 23 24 25 26 27 28 TRACY WILLS WORLEY Mayor 130917vl Ordinance No. Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ CITY OF TUSTIN )' CERTIFICATION FOR ORDINANCE NO. 6 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 7 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 8 ,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 9 vote' 10 11 12 COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNClLPERSONS ABSENT: 13 14 15 PA~MEL/~ S'I"OKER City Clerk 16 17 18 19 2O 21 22 23 24 25 26 27 28 130917vl ATTACHMENT 2A CHART OF SELECTION METHODS ATTACHMENT 3 ORDINANCE 3 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 #3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PERTAINING TO THE APPOINTMENTS AND TERMS OF COMMISSIONERS APPOINTED TO THE PLANNING COMMISSION AND THE PARKS AND RECREATION COMMISSION. THE CiTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PLANNING COMMISSIONERS. Section 1513 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1513 APPOINTMENTS AND TERMS Members of the Planning Commission shall be appointed by the City Council. The terms of office of two (2) of the hold,rs of said offices that expire on July.. 15, 2002, sh..aii instead expire on March 1,2001. "," F..brua,5'~!, ~ 99!, ~:~fJ ~'''' .F,-,;:', ,-,-, +h~+' ;~g',;.""~',~'~ +~,,. ~,~,~ ~.,~,~,, : . ~,,,.~1 i i ,~..~1 1~..,4ii ~,.-,ii:n ,,,,": ':~'d'o~ o,",~ ~Th'~ terms of office of three (3) of the holders of said offices that expire on July !6, 2.001, shall-instead expire on March 1. 2003.~on Feh~.,.,oW i~,,~ i ~.+'.. ;'",~"*h~, ,h~ ~a~,~,O~;; ~,: ~,,~,, ~ aao "~rh~ t'~-rm of each of said offices shall thereafter be for two (2) yesrs commencing on the expiration date of esch office as prescribed hereinabove. ~o membor shall sorvo more than two su ' terms ~t that after an individual has successive a years r rea. All members of the Commission 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 Commission shall serve until their respective successors are appointed and qualified. A member of the Planning Commission shall automatically be deemed removed from office u-"-.' ~,"- ~,.~ "~ ~"n-'''',''~'',- h~o or ha ,.o,.,4~,~,.,, ~,-,.~o.,:,, .. , ..,.~, ,.. ..m ,.,. .. ~ po the ~, ......... u ................ ~ ,,- r ............. ~,,,¢ ,,.,, ,.,,, ,..~,,,,..,. ,,, u n occurrences of three (3) successive unexcused absences from Planning Oommission meetings or upon more than five (5) absences from Planning Oommission meetings within any six (6) consecutive month period. SECTION 2. AMENDMENT OF THE APPOINTMENTS AND TERMS OF PARKS AND RECREATION COMMISSION.. ERS. Section 1553 of Tustin City Code Article 1, Chapter 5, Part 1 is hereby amended to read as set forth below: 1553 APPOINTMENTS AND TERMS Members of the Parks and Recreation Commission shall be appointed by the City Council. The terms of office of three (3) four (4) of the holders of said offices that expi.re on .......... i~r~ ~",~ro ~h"~ll-I h~ f~ th~"lfim~'hf th&ir July 15, 2002, sb~ll ~nstead expire on March 1. 2001. -, ...... b ................................... of the. holders of said o~ces that expire on July 16,..~01, shall instead exPire on March !., 130919vl 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. Page 2 of 3 2003. ,.,...,.,.h...o .ho~ be ~"'"' the,, t;me,, , of their 2"'~'-;"+'""~nt',.,,,,*i~,, , the ! I IVI I I~Vi ~ ~11~il IIVi I [ ~VI[ lki i IVi ~term of each of said officers shall thereafter be for ~o (2) years commencing on the expiration date of each office as hereinabove provided. NO member ~hall seine more th~n ~o (2) successive terms, except that after an individual has se~ed.. ~b, ~2) successive ~erms. and at lea~t ~o'.~(2)'.v'ears ha~e" elapsed'. that'in'divi~Ual..SSall' b~'~e~igible for rea~pointm~nt. All members of the Commission 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 Commission shall serve until their respective successors are appointed and qualified. SECTION 3. REPEAL OF SECTION 1305 Section 1305 (Commissioners who are candidates for Council) is hereby repealed in its entirety. SECTION 4..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 130919vl 4 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) §§ CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 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: COUNClLPERSONS ABSENT: PAMELA STOKER City Clerk 130919vl I