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HomeMy WebLinkAbout18 ORDINANCE NO. 1393 AMENDING THE TUSTIN CITY CODE PERTAINING TO THE PLANNING, AUDIT, & COMMUNITY SERVICES COMMISSIONS• Agenda Item 18 ~~ ~ AGENDA REPORT Reviewed: .~. Finance Director N/A MEETING DATE: FEBRUARY 1, 2011 TO: HONORABLE MAYOR AND COUNCIL MEMBERS VIA: DAVID C. BIGGS, CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: ORDINANCE NO. 1393 -ORDINANCE AMENDING THE TUSTIN CITY CODE PERTAINING TO THE PLANNING, AUDIT AND COMMUNITY SERVICES COMMISSIONS SUMMARY: The proposed ordinance would amend various provisions of Article 1, Chapter 5 of the Tustin City Code to provide that members of the Planning Commission, Audit Commission, and Community Services Commission must be both residents and registered voters of the City of Tustin at all times they hold office, except that two members of the Audit Commission may be residents and registered voters within the area served by the Tustin Water Department, but outside the City. RECOMMENDATION: Introduce and have first reading, by title only, of Ordinance No. 1393 amending the Tustin City Code pertaining to the Planning, Audit and Community Services Commissions and set for second reading at the Council's next scheduled meeting on February 15, 2011. FISCAL IMPACT: None BACKGROUND: The current membership qualifications as required in the Tustin City Code for the Planning Commission, Audit Commission and Community Services Commission are not consistent as follows: • Planning Commission -The Planning Commission shall consist of five (5) members who shall be registered voters of the City during all times they hold office. • Audit Commission -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 Page 2 hold office and two (2) of whom may be registered voters within the area served by the Tustin Water Department, but outside the City. • Community Services Commission -The Community Services Commission shall consist of five (5) members who shall be residents of the City during all times they hold office. This inconsistency was identified by the Council on October 5, 2010 when interviews for Commission vacancies were conducted. The Council requested that the matter be brought back for possible modification. Ordinance 1393 will correct this inconsistency by providing that all Commissioners be both residents and registered voters of the City with the exception that two members of the Audit Commission may reside and be registered to vote within the area serviced by the Tustin Water Department but outside of the City. Should the Council approve the recommended modification, this revised criteria will be utilized for Commission vacancies to be filled in March 2011. Approved for Forwarding By: _~ ~w~ ~ ~-- V Patricia Estrella - City Clerk Services Supervisor ~ ~~~ C ~~~ David C. Biggs, City Manager ORDINANCE NO. 1393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SECTIONS 1512, 1538, AND 1552 OF THE TUSTIN CITY CODE RELATING TO QUALIFICATIONS OF MEMBERS OF CITY BOARDS AND COMMISSIONS TO CLARIFY CITY RESIDENCY REQUIREMENTS FOR MEMBERS OF THE TUSTIN PLANNING, AUDIT, AND COMMUNITY SERVICES COMMISSIONS. City Attorney Summary This ordinance amends various provisions of Article 1, Chapter 5 of the Tustin City Code to provide that members of the Planning Commission, Audit Commission, and Community Services Commission must be both residents and registered voters of the City of Tustin at all times they hold office, except that two members of the Audit Commission may be residents and registered voters within the area served by the Tustin Water Department, but outside the City. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1: Section 1512 of Part 1 of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated in its entirety to read as follows: "1512 -MEMBERS The Planning Commission shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office." SECTION 2: Section 1538 of Part 4 of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated in its entirety to read as follows: "1538 -MEMBERS AND QUALIFICATIONS The Audit Commission shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office, subject to the following exception. Up to two (2) members may reside and be registered voters within the area served by the Tustin Water Department, but outside the City." Ordinance No. 1393 Page 1 of 3 SECTION 3: Section 1552 of Part 5 of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated in its entirety to read as follows: "1552 -MEMBERS The Community Services Commission shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office." SECTION 4: This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, word 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 chapter. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 2011. JERRY AMANTE, Mayor ATTEST: PAMELA STOKER, City Clerk Ordinance No. 1393 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) 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. 1393 was passed and adopted at a regular meeting of the City Council held on the day of , 2011, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: Ordinance No. 1393 Page3of3