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HomeMy WebLinkAbout04 ORD 1353, AUDIT COMM REQRMTS 06-03-08MEETING DATE: June 3, 2008 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: ORDINANCE NO. 1353, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMISSION SUMMARY: Ordinance No. 1353 will update Section 1538 of the Tustin City Code to modify the residency requirements for members of the Audit Commission. RECOMMENDATION: Have first reading of Ordinance No. 1353, an Ordinance of the City Council of the City of Tustin, California, Amending Section 1538 of the Tustin City Code Regarding the Audit Commission. FISCAL IMPACT: None. DISCUSSION: Tustin City Code Section 1538, "Members and Qualifications", currently directs that four members of the Audit Commission shall be registered voters of the City and one member may be a registered voter within the area served by the Tustin Water Department, but outside the City. The revision states that three members of the Audit Commission shall be registered voters of the City and two members may be registered voters within an area served by the Tustin Water Department which is outside the City. This language change will facilitate application of this Code Section in the recruitment, selection and retention of Audit Commission members. RonaId A. Nault Finance Director Attachments: Ordinance No. 1353 Tustin City Code Sections 1537-1539 Ordinance 1353StaffReport. doc ORDINANCE NO. 1353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMISSION The City Council of the City of Tustin hereby ordains as ,follows: SECTION 1. Purpose The purpose of this ordinance is to modify the City of Tustin Audit Commission membership requirement which pertains to residency. SECTION 2. Section 1538 of the Tustin City Code is hereby amended to read as follows: 1538 MEMBERS AND QUALIFICATIONS The Audit Commission shall consist of five (5) members, at least three (3) of whom shall be registered voters of the City during all times they hold office and two (2) of whom may be registered voters within the area served by the Tustin Water Department, but outside the City. SECTION 3. If any section, subsection, 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 of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on this 1st day of July, 2008. Jerry Amante, Mayor Pamela Stoker, City Clerk Ordinance No. 1353 Page 2 of 2 ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) ORDINANCE NO. 1353 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. 1353 was duly and regularly introduced and read at the regular meeting of the City Council held on the 3rd day of June, 2008, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 1st day of July, 2008, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Published: Ordinance 1353AuditCommissionSection 1538. doc PART 4 AUDIT COMMISSION Page 1 of 1 PART 4 AUDIT COMMISSION 1537 ESTABLISHMENT The Audit Commission of the City of Tustin is hereby established with composition, jurisdiction, duties, terms of office, compensation and other characteristics as specified in this Part. • The Audit Commission shall perform duties of oversight, review, investigation and reporting and shall provide recommendations to the City Council on matters of finance, investments and audit as shall be prescribed by the City Council from time to time. Compensation of the members of the Audit Commission shall be as prescribed by the City Council from time to time. (Ord. No. 1022, Sec. 1, 3-20-89; Ord. No. 1336, Sec. 6, 3-6-07) 1538 MEMBERS AND QUALIFICATIONS The Audit Commission shall consist of five (5) members, at least four (4) of whom shall be registered voters of the City during all times they hold office and one (1) of whom may be a registered voter within the area served by the Tustin Water Department, but outside the City. (Ord. No. 1022, Sec. 1, 3-20-89; Ord. No. 1023, Sec. 1, 6-5-89; Ord. No. 1292, Sec. 2, 3-7-05; Ord. No. 1336, Sec. 6, 3-6-07) 1539 APPOINTMENT AND TERMS. Members of the Audit Commission shall be appointed by the City Council. The terms of office of three (3) appointees shall be until March 1, 2003. The terms of office of two (2) appointees shall be until March 1, 2006. 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 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 Audit Commission shall serve until their respective successors are appointed and qualified. Members of the Audit Commission shall receive compensation as prescribed by the City Council from time to time. (Ord. No. 1022, Sec. 1, 3-20-89; Ord. No. 1058, Sec. 3, 3-18-91; Ord. No. 1234, Sec. 1, 4-2-01; Ord. No. 1255, Sec. 2, 8-19-02; Ord. No. 1331, Sec. 2, 3-6-07) http://library3.municode.com/minutes/DocView/11307/1/19/23 05/08/2008