HomeMy WebLinkAbout19 COMMISSION TERMS 08-05-02AGENDA REPORT
NO. 19
08-05-02
120-50
MEETING DATE: AUGUST 5, 2002 120 10
TO:
HONORABLE MAYOR AND MEMBERS OF THE Cl'~0~-~UNCIL
FROM:
CITY ATTORNEY
SUBJECT:
ORDINANCE AMENDING THE CITY OF TUSTIN MUNICIPAL CODE
PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING
COMMISSION, AUDIT COMMITTEE, AND PARKS AND RECREATION
COMMITTEE.
SUMMARY:
Per City Council directions, the proposed Ordinance amends Tustin City Code sections
1513, 1539, and 1553 to disqualify members of the Planning Commission, Audit
Committee, and Parks and Recreation Commission from service for at least one (1)
year after they serve three (3) consecutive terms.
RECOMMENDATION:
Pleasure of the City Council.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
In accordance with City Council direction,'this office drafted an Ordinance amending
Tustin City Code sections 1513, 1539, and 1553. The Ordinance disqtjalifies members
of the Planning Commission, the Audit Committee, and the Parks and Recreation
Commission from serving for one (1) year after serving three (3) consecutive terms.
The Ordinance also amends Code sections 1513, 1539, and 1553 to delete outdated
language relating to the expiration dates of terms of office that has already passed. The
proposed Ordinance conforms the section to the new terms of office that were
established.
The Senior Deputy Clerk suggests that City Council consider further amending Code
sections 1513, 1539, and 1553. Currently, Code sections 1513 and 1539 state that'
Planning Commission and Audit Committee Members may not serve more than three
(3) full consecutive terms. Code section 1553 states that Parks and Recreation
Commission Members may not serve more than three (3) consecutive terms. Sections
1513 and 1539 are inconsistent with section 1553 regarding whether members must
serve full terms to be disqualified from service. The Council may desire to amend the
draft Ordinance to address this issue. ~
Internet
ATTACHMENTS:
Blacklined Copy of Ordinance
Clean Copy of Draft of Ordinance
Internet
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PROVISIONS GOVERNING
THE TERMS OF MEMBERS OF THE PLANNING COMMISSION,
AUDIT COMMITTEE, AND PARKS AND RECREATION
COMMISSION.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PLANNING COMMISSION MEMBERS.
Section 1513 of Tustin City Code is hereby amended to read as follows:
1513 APPOINTMENTS AND TERMS
Members of the Planning Commission shall be appointed by the City Council. :The
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terms of office of ~,~,~,_..., ~--/~°~ ,-~"- th ree,,,.. (3) appointees shall be until ,.,~.,~ A.~,~.~,,,, !, ,_~,,~..°~ March 1 .2003=
The terms of office of ~'-~-~' ~ -e", two (2~ appointees shall be until ~A~-~'~' ~, ?003 M~.rch I
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2004. The term of each of said offices shall thereafter be for two I~l years commencing on th~
expiration date of each office as prescribed hereinabove. ~o Planning Commissioner may
serve more than three 131 full consecutive terms. Any member of the Plannino Commission
who has served three (3) consecutive terms shall not be reac~c~ointed as a ~ember ofthe
Plannino Commission' f~r at least one (I) year from the last ~l~te of the third consecutive
term.
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
occurrence 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 PROVISION GOVERNING APPOINTMENT AND
TERMS OF AUDIT COMMITTEE MEMBERS.
Section 1539 of Tustin City Code is hereby amended to read as follows:
1539 APPOINTMENTS AND TERMS
Members of the Audit Committee shall be appointed by the City Council. The terms of
,,m,... ,,~ o~ ,., ,,...,,, ~,,,~;, r,,,~,,,,~**..., m~mbers oho~ ,.,,,.-,~ .... ,,~ ~,,,a qn 200! The terms of
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office of ,,,,,,..... ,--,/°~ .".e:'.' three (3). appointees shall be until ......~°'"h.... !, .-....._°nn° March 1.. 2003. The
terms of office of ,h.,...., ,, ,.,. ~"/['~ ~ ,",.... .... twO ~2)_ _ appointees shall be until ,.,..,~'~ o,-,-,h..,,, I , .-,....,,.,°nnq March 1; 2006.
The terms of each said offices shall thereafter be four (4) years, commencing on the expiration
date of each office as prescribed hereinabove. No member of the Audit Committee may serve
more than three (3) full consecutive terms. Any member of the Audit Committee who has
served three ~3) consecutive terms shall not be reaor)ointed as a member of the Audit
Committee fo~' ~t least one (1) year from the last da{e' of the third consecutive term,
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Ordinance No.
Page 2 of 3
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. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PARKS AND RECREATION COMMISSION MEMBERS.
Section 1553 of Tustin City Code is hereby amended to read as follows:
1553 APPOINTMENTS AND TERMS
Members of the Parks and Recreation Commission shall be appointed by the City
Council -r~,.. ,..,,,,o ,,~,,m,.,. ,,~ ~, ,., ,,,..,,, P~rks ~"'~ ~""-"'-*~""- r,,.,,,,,,;ooi,,,,..,o o~,.,, ..,,~,~r,. oo
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'"~.... ...~..~'~'~""~'.... 2! , ......')nn~.. The terms of office of *~'"'-~'......... ,..,/'~ ."e'". .. four (4~_ _ appointees shall be until
~'~'~""'~ ! ")nno March 1 2003. The terms of office of ~""r/'~ new three (3) appointees shall
be until March !, 2003 March 1.. 2004, The term of office of said officers shall thereafter be for
two (2) years commencing on the expiration date of each office as hereinabove provided· No
member of the Commission may serve more than three (3) consecutive terms. Any member
of the Parks and Recreation Commission who has served three (3) consecu[ive terms
shall not be reappointed as a member of the Parks and Recreati~)ri Commission for at
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least one (1) year from the last date of the third consecutive term,
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 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 ., 2002.
JEFFREY M. THOMAS
Mayor
~:~/'-D~ "'V WHITE
PAMELA STOKER
City Clerk
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ORDINANCE NO. 1255
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PROVISIONS GOVERNING
THE TERMS OF MEMBERS OF THE PLANNING COMMISSION,
AUDIT COMMITTEE, AND PARKS AND RECREATION
COMMISSION.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PLANNING COMMISSION MEMBERS.
Section 1513 of Tustin City Code is hereby amended to read as follows:
1513 APPOINTMENTS AND TERMS
Members of the Planning 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 1,2004. The term of each of said offices shall thereafter be
for two (2) years commencing on the expiration date of each office as prescribed hereinabove.
No member of the Planning Commission may serve more than three (3) full consecutive terms.
Any member of the Planning Commission who has served three (3) consecutive terms shall
not be reappointed as a member of the Planning Commission for at least one (1) year from the
last date of the third consecutive term.
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
occurrence 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 PROVISION GOVERNING APPOINTMENT AND
TERMS OF AUDIT COMMITTEE MEMBERS.
Section 1539 of Tustin City Code is hereby amended to read as follows:
1539 APPOINTMENTS AND TERMS
Members of the Audit Committee 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.
No member of the Audit Committee may serve more than three (3) full consecutive terms. Any
member of the Audit Committee who has served three (3) consecutive terms shall not be
reappointed as a member of the Audit Committee for at least one (1) year from the last date of
the third consecutive term.
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
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Ordinance No. 1255
Page 2 of 3
appointed and qualified. Members of the Audit Committee shall receive compensation as
prescribed by the City Council from time to time.
SECTION 3. AMENDMENT OF PROVISION GOVERNING APPOINTMENTS AND
TERMS OF PARKS AND RECREATION COMMISSION MEMBERS.
Section 1553 of Tustin City Code is hereby amended to read as follows:
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) appointees shall be until March 1,2003. The terms of
office of three (3) appointees shall be until March 1,2004. The term of office of said officers
shall thereafter be for two (2) years commencing on the expiration date of each office as
hereinabove provided. No member of the Parks and Recreation Commission may serve more
than three (3) consecutive terms. Any member of the Parks and Recreation Commission who
has served three (3) consecutive terms shall not be reappointed as a member of the Parks and
Recreation Commission for at least one (1) year from the last date of the third consecutive
term.
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 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
u n con stitutio n al.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the~ day of ,2002.
JEFFERY M. THOMAS
Mayor
PAMELA STOKER
City Clerk