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HomeMy WebLinkAbout06 TERM LIMITS 03-04-02AGENDA REPORT NO. 6 120-50 03-04-02 MEETING DATE: MARCH 4, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY A'FrORNEY SUBJECT: TERM LIMITS FOR PLANNING COMMISSIONERS SUMMARY: Clarification is needed by the City Council on Term Limits for Planning Commissioners. The options that we see for interpreting Tustin City Code Section 1513 without making a language change to the City's Code are as follows: 1) Adopt the interpretation of the City Attorney as set forth in the attached Memorandum dated December 5, 2001 entitled "Terms of Office of Members of the Planning Commission". 2) Construe the terms of office that were interrupted and expired as of March 21, 2001 as "full terms of office". This would mean that someone who had served two (2) consecutive terms and who was serving a third term at the time of the 2001 City Council amendment of the Code, would not be eligible to serve again because they would have completed three (3) full consecutive terms. RECOMMENDATION: Pleasure of the City Council. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND: As you will recall, in 2001, the City Council changed the Terms of Office of all Planning Commissioners and required all terms to expire as of March 21, 2001. The terms of new Planning Commissioners were staggered with the result that two (2) new appointees would have a term of approximately twelve (12) months and three (3) new Planning Commissioners would have a term of approximately two (2) years. After the initial new terms, each Planning Commissioner was entitled to a two (2) year term, unless removed upon motion of City Council adopted by at least three (3) affirmative votes. Internet Evidently, there is some confusion about, or possible disagreement among some Council Members with this interpretation. Since the City Council is ultimately the interpreter of their Code, we have brought this matter to your attention for your action. We have outlined above two (2) possible options for interpreting the Code without making any changes to the language. However the City Council is always free to direct the City Attorney to prepare an Ordinance that corrects existing language and best reflects the intent of the City Council. In 2001, the provision of the Code regarding Term Limits for Commissioners was discussed, but ultimately was not changed. That provision states as follows: "No Planning Commissioner may serve more than three (3) full consecutive terms." It was our opinion that the action to cause terms of office to expire on March 21, 2001 effectively shortened all terms of office to less than a "full-term of office". We considered the initial term of new appointees to be a full-term of office. Accordingly, it was our conclusion that to the extent that someone had served two (2) consecutive terms prior to the change in the Ordinance, that such terms would not be counted toward the term limits because there had been a break in full consecutive terms. Our opinion on this matter was set forth in a Memorandum dated December 5, 2001. ATI'ACHMENTS: 1. Tustin City Code 1513 (Appointments and Terms) 2. Memorandum dated December 5, 2001 to Members of the City Council and Planning Commission entitled "Terms of Office of Members of the Planning Commisson" Internet FEB-26-ZflOZ(T E) 12:20 P, TUSTIN CITY CODE BOARDS AND COHM'ISSIONS 1511 CHAPTER .~ BOARDS AND COMMISSIONS PART 1 PLAN~]2~TG COMMISSION EDITOR'S NOTE: Ord. lqo. 874, Sec. 1, adopted Nov, l, 1982, -me-aed l%r~ 1 of Chapter 5 of Art/ale 1 to read as heroin set out, Prior to amendment, Par~ 1 pertained to similar fJtlbj~'~ mattsr, consisted of Sections 1511--1515, ~nrl was derived from Ord. No, 731, and Ord. No. 756, Sec. 2. 1511 PLANNING COM.M/SSION AUTHO~ Subject to the provisions of Stat8 Law, the Planning C~-,,~ston shall be, and it l~eeby i~ declared to be rogttlatecl by the pr~visions of the Government Code of the Sta~e of O~ifornla, statutes of the Sta~ of Oallforuia, and such amendments thereto as may be adopted hersa/~ ~om t/me to Hme, (Ord. No. 874, Sec. 1, 11-1-82) 1511' I~EMBERS Tho Plannin~ Commission shall consist of £ve (/9 members who shall be Fell/stored voters of the City during all times they hold office. (Ord. No. 874, Sec. 1, 11-1-82) Members of the Planning Commission shall be appointed by the City Council. Tho terms of offi~ of sll curr~ut Plan~ing Commissioners shall expire aa (fi' ]v~ch 21, 2001. The t4rma of office of two (2) new appointees shall be until March 1,200~. The terms ofoffce of three (3) ~w appatntees shall be until March 1, ~.003. The t~rm of each of said or,cos shall r. here~ be f~ two (2) years eammencing on the expiration date of each office as prescribed her~g~sbov~ No Pt*~i~g Commissioner may serve more than tkre~ (3) full consecutive terms, An memberu of the Cammi~iou shall serve at the pleasure of the City Council and may be .romoved upon motion of the City Council adopted by at least throe (~) affirmative votes. All m~mhers of the Commission ahsll serve until thor respective aueceasor~ are appaintod and q~alifiod. A member of the Plannin~ Comm/ssion shall automatically be deemed removed from office upon t~_l~g for ar ~uncing his or her candidacy for any elective ~co or upon the FEB-26-2O02(TUE) 12:21 P, O0t TUSTI~ CITY CODE BOARDS AND COMMISSIONS 1513 occurrence of three ($) euccosstve u~e;cused absences from Plarmiug Comm,_'ssion meetings upon more than five (5) ablences from Plannt~ Commission m~tln~ within any six (6) consecutive month p~rlod. (Ord. Ho. 874, Sec. 1, 11-1-821 Ord. No. 1015, t.$-89; Ord. No. 1058, Sec. 1, 3-18-91; Ord. 1137, Sec. 2, 8-15-94; Ord, No. 1~3. Sec. 1, 2-20-01) 1514 COMPENSATION OF M~MBEP~ Members of the Planning Comm~aeion shall receive compensation as prescribed by the City Council fl~m time to (Ord. No. 874, Sec. 1, 11-1-82; Ord. No. 942, Sec. 1, 9-3-85; Ord. ~To. 1058, ~ec. 1515 MEETINGS The Planning Commission shall hold its rel~,l-- meetings on the second and fourth Monday~ of each month at ?:00 p~n. in the Council Chambers, except when such a day fslic_ on a legal holiday, in wklch event the Planning. Com-~;~eion shall meet at 7:00 pron. on the first weekday followiu~ which is not a legal holiday. The Planning .C~mmt~iou may mest at such other 6m__es and p/se~ as hereat'~w may be determ/ued from time ~o ~me by the (Ord. No. $74, Sec. 1, 11-1-8~; Ord. No, 1006, Sec. 1, 4-1848) 1518 PLANT4II~G AGENCY Pursuant to the provisions of Section 6S100 of the California Code, the Planni~ sion of.the City is established as the P]---{-~ Agency of the CitY. The Community Development Depa.-tment shall assist the Plav_ning A~ency in the performance of aH its duties as may now or hereai~er be provided for by law. (Ord. No. 874, Sec. 1, 11-141) 1517 DIRECTIONS TO COMMUNITY DEVELOPa~_.~iT DEPARTMENT STAFF The PI---~,~g Commi~-- may by motion regularly adopted make ouch requsst~ and give such direc~^~_~_ to tim Community Development D~partment sta.~ aa ar~ ~sistm~t wtl~ policies established by th~ City Council and wi~_;~ the budgetary limitations of ~h~_ depart- (Ord. No. 874, Sec. 1, L1-1-8~) FEB-26-2OO2(T E) 12:21 P, TO: FROM: DATE: RE: MEMO RAN D UJVl Members of the City Council Members of the Planning Commission City of Tustin City Attorney December 5, 2001 Terms of Office of Members of the Planning Commission COPY Intro. duction Beverley White, Chief Deputy City Clerk, recently asked us about the effect of Ordinance No, 1233 on existing term limit provisions for members of the City's Plan.ning Commission. It is our understanding that Ms. White had been asked this question by a member of the City Council. For the last several years the City of Tustin has imposed term limitations on the members of the City's Planning Commission. Pursuant to Tustin City Code Section 1513: 'No planning commissioner may serve no more three (3) full consecutive terms." In February of 2001, City Council adopted Ordinance No. 1233, which included an amendment to Section 1513. We were asked to review Section 1513 as amended and advise the City as to how.the term limits requirements should be applied to the current members of the Planning Commission. .. Dls~ussion The code amendment to Section 1513 did not affect or change the ~[hree full terms' limit; however, the amendment did shorten the terms of office of all of the members of the Planning Commission. The ordinance expressly provided that the terms of office would expire on March 21, 2001, instead of the July 2001 and July 2002 termination dates in existence prior to the code amendment. The amended Section 15~3 also expressly provides: "The term of office (2) pew appointees shall be until March 1, 2002. The terms of office of (3) new appointees shall be until March 1, 2003.' [Emphasis added.] 144681U FEB-2fi-2OO2(TUE) 12:22 P. Members of the City Council Members of the Planning Commission City of Tustin December 5, 2001 Page 2 Thus, it appears the ordinance recognized that any person appointed to the Commission after the effective date of the c~de amendment would be a 'new appointee' regardless of whether the person served on the Commission in the pasL Conelu-elon It is the opinion of this Office that the Council's action to establish the expiration date 'of March 21, 2001, for the terms of office of all current Planning Commissioners effectively shortened their respective terms of office to less than a 'full' term of office. Thus. the terms of office of the members of the Planning Commission were therefore Interrupted and their eligibility to serve the maximum allowable three (3) full consecutive terms started anew upon their appointment after the adoption of the code amendment. This interpretation is bolstered by the fact that ordinance 'itself refers to "new appointees' and contained provisions establishing initial terms of office which would expire on March 1, 2002, for two appointees or March 1, 2003, for three appolntees. Each of the initial terms of office, regardless of whether such term is for one year or two years, should be considered a 'full" term of office. In addition, each of the current members of the City Planning Commission 'may be reappointed for two additional two (2) year terms on the expiration date of their respe~ve initial term of office. If you have any questions, please do not hesi. tate to g~yEus a call. 'LOIS E. JEFFREY- Y 0 DOUS~..AS C. HOLL~NO William A. Huston, City Manager Beverley White, Chief Deputy City Clerk Elizabeth A. Binsack, Director of Community Development