Loading...
HomeMy WebLinkAbout17 P.C. TERM OF OFFICE 09-20-99NO. 17 9-20-99 DATE' TO: FROM: SUBJECT: SEPTEMBER 20, 1999 · WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION TERM OF OFFICE Inter-Com SUMMARY: At the September 7, 1999 City Council meeting, Mayor Worley raised issues related to a city ordinance that restricts Plannhtg Commissioners from runnfitg for the City Council unless they resign their appointtnents on the Comtnission. ,4 member of the Planning Commission must resign from office upon filing for or atmouncing his or her candidacy for arty elective office. RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT There are no direct costs associated with this item. DISCUSSION At the September 7, 1999 City Council meeting, Mayor Worley' raised issues related to a city ordinance that restricts Planning Commissioners from running for the City Council unless they resign their appointments on the Commission. Pursuant to Tustin City Code Section 1305, "Any member ol any commission of the City on whose behalf there has been filed nomination papers for the office of City Councilman shall immediately resign from his position as commissioner." It should be noted that this requirement applies to all city commissioners. Furthermore', Tustin City Code Section 1513 states that "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..." This requirement applies to any elective office and currently applies only to the City's Planning Commissioners. As requested by Mayor Worley, Community Development Department staff conducted a survey of Orange County cities. Of the twenty six (26) cities contacted that have separate planning commissions, twenty three (23) do not require planning commissioners to resign to run for City Council, and three (3) require that Planning Commissioners resign before filing for or announcing their candidacy for office. TUSTIN CIT~ CODE BOARDS A~-D COMMISSIONS 1511 CPLkPTE R 5 BOARDS AND COMMISSIONS PART 1 PLANNING COMMISSION EDITOR'S NOTE: Ord. No. 874, Sec. 1, adopted Nov. 1, 1982, amended Part 1 of Chapter 5 of Article 1 to read as herein set out. Prior to amendment, Part 1 pertained to similar subject matter, consisted of Sections 1511-1515, and was derived from Ord. No. 731, and Ord. No. 735, Sec. 2. 1511 PLANNING COMMISSION AUTHORITY a [Established] The Planning Commission of the City of Tustin is hereby established, with composition, jurisdiction, duties, terms of office and other characteristics as provided by law and as specified herein. b State Regulation Subject to the provisions of State Law, the Planning Commission shall be, and it hereby is declared to be regulated by the provisions ofthe Government Code of the State of California, statutes of the State of California, and such amendments thereto as may be adopted hereafter from time to time. (Ord. No. 874, Sec. 1, 11-1-82) 1512 MEMBERS The Planning Commission shall consist of five (5) members who shall be registered voters of the City during all times they hold office. (Ord. No. 874, Sec. 1, 11-1-82) 1513 APPOINTMENTS A_ND TERMS Members of the Planning Commission shall be appointed by the City Council. The terms ofoffice of two (2) of the holders of said offices on February 1. 1991 shall be from that 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 for 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. ,MI 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 (31 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 candidaw for any elective office or upon the REV: 1-95 A-5-3 TUSTIN CITY CODE BOARDS AN'D COMMISSIONS 1513 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. (Ord. No. 874, Sec. 1, 11-1-82; Ord. No. 1015, 2-6-89; Ord. No. 1058, Sec. 1, 3-18-91;. Ord. No. 1137, Sec. 2, 8-15-94) 1514 COMPENSATION OF MEMBERS Members of the Planning Commission shall receive compensation as prescribed by the City Council from time to time. (Ord. No. 874, Sec. 1, 11-1-82; Ord. No. 942, Sec. 1, 9-3-85; Ord. No. 1058, Sec. 2, 3-18-91) 1515 MEETINGS The Planning Commission shall hold its regular meetings on the second and fourth Mon- days of each month at 7:00 p.m. in the Council Chambers, except when such a day falls on a legal holiday, in which event the Planning Commission shall meet at 7:00 p.m. on the first weekday following which is not a legal holiday. The Planning Commission may meet at such other times and places as hereafter may be determined from time to time by the Planning Commission to be necessary or convenient. (Ord. No. 874, Sec. 1, 11-1-82; Ord. No. 1006, Sec. 1, 4-18-88) 1516 PLANNING AGENCY Pursuant to the provisions of Section 65100 of the California Code, the Planning Com- mission of the City is established as the Planning Agency. of the City. The Communitv De- velopment Department shall assist the Planning Agency. in the performance of all its duties as may now or hereafter be provided for by law. (Ord. No. 874, Sec. 1, 11-1-82) 1517 DIRECTIONS TO COMMLrNIW DEVELOP.kfENT DEPA_RTMENT STAFF The planning Commission may by motion regularly adopted make such requests and give such directions to the Community Development Department staff as axe consistent with pol- icies established by the City Council and within the budgetary limitations of the department. (Ord. No. 874, Sec. 1, 11-1-82) REV: 1-95 A-5-4