HomeMy WebLinkAbout13 COMMISSION APPOINTMENTS`k'
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AGENDA REPORT
MEETING DATE: February 21, 2012
Tfl: CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT; COMMISSION APPOINTMENTS
SUMMARY:
Agenda Item 13
Reviewed: ~'
City Manager _
Finance Director N/A
Council Member Gavello requested a staff report relating to the process of appointment
for members of our Commissions. This report provides background information on the
appointment of Commissioners and when they were adopted.
RECt~MMENDAT14P1:
City Council Discretion
FISCAL IMPACT:
There is no fiscal impact with this action
BACKGR4l1WD:
In August 1994, the City Council adopted Ordinance No. 1137 {attachment 1) that
amended the terms and appointments of Commissions. This ordinance set a maximum
of three terms for both Planning and Parks and Recreation {now Community Services)
Commissions.
In 2(}02, the Code was amended via ordinance 1255 {attachment 2) to provide that a
Planning Commissioner may serve more than three {3) terms as long as they have not
served for more than over one {1) year prior to appointment.
In February of 2007, the City Council adopted Ordinance No.1331 {attachment 3) that
removed term limits from the ordinance relating to appointments and terms for Planning
Commission, Community Services and Audit Commission.
Agenda Report -Commission Appointments
February 21, 2012
Page 2
SELECTION PROCESS:
Since 2000, the City Council has interviewed applicants at an open meeting of the full
City Council, and then votes on appointments.
Other options could include using a Council subcommittee to initiate interviews and
recommend Commission appointments to the full Council. This process would still
require three {3) votes to appoint or remove.
A third option would have each Council Member appoint one (1) member to each
Commission. When evaluating any of these options it is important to consider how
open to the public you want your process to be.
A fourth option could have the Mayor appoint a Citizen Adhoc Committee to review
applications and recommend individuals to be interviewed or appointed.
Jeffry C. Parker
City Marageir
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ORDINANCE NO, 1137
AN ORDINANCE OF THE CITX CQUNGIL OF THE CITY
OF TUSTIN, CALIFORNIA, PROVIDING TERM
LIMITATIONS FOR PLANNING COMMISSIONERS AND FOR
MEMBERS OF THE PARKS AND RECREATION COMMISSION
The City Council of .the City of Tustin, California, hereby
ordains as follows:
Section 1. Furpose
The purpose of this Ordinance is to establish limitati:ans on
the number of consecutive terms that Flanning Commissioners and.
members of the Parks and Recreation Commission may serve
Sect~n 2 Amendment to Section 1513 of the Tustin City
Code .
..Section 1513 of Part 1, Chapter 5, Article 1 of the 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
two (2} of the holders of said offices on February 1,
.1991 shall be from the date until the. third Monday in
July, 1991 and the terms of office , of three ( 3 } of the
holders of said offices on February 1, 1991 shall be from
that date until the third Monday in July, 1992. The term
of each of said offices shall thereafter be far two (2}
years commencing on the expiration date of each office as
prescribed hereinabove. No Planning Commissioner may
serve more than three (3} full consecutive terms.
All members of the Commission shall serve at the
.pleasure of the City Council and may be removed upon
oration 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 ar her candidacy for any elective
office or upon the occurrence of three (3}.:successive
unexcused absences from Planning Commission meetings ar
upon more than five (5} absences from Planning Commission
meetings within .any six (6} consecutive month period,
~~I
Ordinance No. 1137
Page 2
Section 3. Amendment to Section 2553 of the Tustin
City Code.
Section 1553 of Part 5, Chapter 5; Article l of the Tustin
City Cade is hereby aYriended to read -as follows:
..1553 APPOINTMENTS AND TERMS
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Members of the Parks and Recreation Commission shall
be appointed by the City Council. The terms of office of
four (4j of the members shall be from the time of their
appointment until the third Monday in July, 1991 and the
terms of office of three (3) of the members sha11 be from
the time of their appointment until the third Monday of
July, 1992. The 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 of the Commission may serve more than three ( 3 j
full consecutive terms.
.All members of the Commission shall serve at the
pleasure of the City Council and may be .removed upon
motion of the City Council adapted by at Ieast three {3j
affirmative votes. All members of the Commission shall
serve until their. respective successors are appointed and
qualified.
section 4. Severability.
If any 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 declare
that they would have adopted this Ordinance, and each section,
subsection, subdivision, sehtence, clause,: phrase, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a
for the City of Tustin on this
ATTEST:
regular meeting o the City Council
1~.~ day of ; 1994 .
THOMAS R. S ARELLI, Mayor
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MARY E YNN, C'~y Clerk
{1'52}
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORI?INANGE NO . 113 7
£ity of Tustin
ORDINANCE CERTIFICATION
}
} SS
}
Mary E, Wynn, - 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 Na. 112.9 was introduced at
a regular meeting of the City Council held an Auqust 1. 1994 and was
passed and. adapted at a regular meeting of the City Council held on
August 15, 1994, by the following vote:
COUNCII~tEMBER AYES: Saitarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCTLMEMBER ABSTAINED; None
COUNCILMEMBER ABSENT: None
y E. W "n,~City Jerk
ORDINANCE NO. 1255
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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
fartwo (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 shat! 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 adapted by at least three (3} affirmative
votes. All members of the Audit Committee shall serve until their respective successors are
Ordinance No. 1255
Page 2 of 3
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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 GOMMISS[ON MEMBERS.
Section 1553 of Tustin City Cade 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}full 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
unconstitutional.
PASS~I7~AND AD PTED t a regular meeting of the City Council of the City of Tustin
held on the day of , 2002.
PAMELA STOKER
City Clerk
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J Y .THOMAS
Mayor
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1255
SS
}
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1255
had first reading by title only and introduction at the August 5, 2002 City Council regular
meeting and was given its second reading by title only, passed, and adopted at the
August 19, 2002 City Council regular meeting by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Thomas, Worley, Bane, Doyle, Kawashima
None
None
None
o~~~~ ~ `a ~Q.~"
Pamela Stoker, City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA}
COUNTY OF ORANGE)
CITY OF TUSTIN)
I, Beverley White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of
perjury, that I caused the posting of Ordinance No. 1255 in the public notice display case in front
of the Councii Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin
Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522
Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street,
Tustin.
Beverley White, Chief Deputy City Clerk
DATE: ~ r ~' 3 J~ °~`
ORDINANCE NO. 1331
AN ORDINANCE OF THE
AMENDING SECTIONS
REPEALING SECTION 1~
RELATING TO TERMS t
AND COMMISSIONS
CITY OF TUSTIN, CALIFORNIA,
1513, 1539, AND 1553 AND
i1 OF THE TUSTIN CITY CODE
rF OFFICE OF CITY BOARDS
The City Council of the City of Tustin, California, ordains:
Section 1. Section 1513 of the Tustin City Code is amended to read:
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.
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 the filing of
nomination papers as provided in Section 1305 b of this Code 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. Section 1539 of the Tustin City Code is amended to read:
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 steal{ be until March 1, 2406. The terms of each of
said offices shall thereafter be for four (4} years, commencing on the expiration
date of each offrce 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.
Ordinance No. 1331
Page 1 of 3
Section 3. Section 1553 of the Tustin City Code is amended to read:
1553 APPOINTMENTS AND TERMS
Members of the Community Services Commission shall be appointed by the City
Council. The terms of office of the three (3) members appointed in 2002 shall
continue until March 1, 2004, ar until one (1) new member is appointed. Only one
(1) new appointment shall be made, and the term of office of the appointee shall
be until March 1, 2006. The term of office of the four (4) members appointed in
2003 shall continue until March 1, 2005. One (1) of the four (4) new
appointments in 2005 shall have a term of office of one (1) year, or until March 1,
2006. The terms of office of three (3} other new appointees in 2005 shall be until
March 1, 2007. 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.
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. Section 1561 of the Tustin City Code is repealed.
Section 5. The Parks and Recreation Commission name is hereby changed to the
Community Services Commission. The City Clerk is authorized to make this name
change within the Code as deemed appropriate.
Section 6. The Audit Committee name is hereby changed to the Audit Commission.
The City Clerk is authorized to make this name change within the Code as deemed
appropriate
Section 7. The provisions of this Ordinance shall become effective at 12:01 am on the
thirty-first day after passage.
PASSED, APPROVED, AND ADOPTED this 6th day of March, 2007.
-~~,~,
LUU BONE,
Mayor
Ordinance No. 1331
Page 2 of 3
ATTEST:
r--,
PAM A STOKER
City Clerk
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 was passed
and adopted at a regular meeting of the City Council held on the 6~' day of March, 2007,
by the fallowing vote:
COUNCILPERSONS AYES: Bone, Amante Davert Palmer (4)
COUNGILPERSONS NOES: None (~~
GOUNCILPERSONS ABSTAINED: None t0>
COUNCILPERSONS ABSENT: Kawashima ~ 1 ~
~~
PAMELA STOKE _
City Clerk
Ordinance No. 1331
Page 3 of 3
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