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HomeMy WebLinkAbout11 ORDINANCE AMENDING CITY CODE REGARDING CITY COMMISSIONER REMOVAL/COMPENSATIONAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 11 MEETING DATE: MAY 7, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DAVID E. KENDIG, CITY ATTORNEY SUBJECT: ORDINANCE AMENDING CITY CODE REGARDING CITY COMMISSIONER REMOVAL AND COMPENSATION SUMMARY Per the Council's request, staff has prepared the attached Ordinance to amend the City Code to provide that City commission members would be automatically removed from office upon election to the City Council, and to provide that commissioner compensation shall be established by ordinance. RECOMMENDATION It is recommended that the City Council introduce and have first reading by title only of Ordinance No. 1434 Amending Article 1 and Article 5 of the Tustin City Code Regarding Commissioner Removal and Compensation and set the second reading at the next Regular City Council Meeting. FISCAL IMPACT None. Current per- meeting stipends of City commissioners would not be changed by the recommended action. BACKGROUND AND DISCUSSION On March 19, 2013, the City Council directed staff to direct prepare an ordinance to amend the City Code to allow City commissioners to remain in office after the filing of nomination papers but to be automatically removed from office in the event of election to the City Council. The Council directed that the City Code should continue to impose no limits on the number of terms that may be served by commissioners, and should continue to require commissioners to be compensated with a per meeting stipend. The Council further directed that the City Code should require adoption of a new ordinance when a stipend amount is amended. City Council Agenda Report May 7, 2013 Ordinance 1434 Regarding City Commissioner Removal And Compensation Page 2 Removal from Office Ordinance 1434, if approved, would provide that all City Audit Commissioners, Community Services Commissioners and Planning Commissioners would be able to continue to serve in their appointed positions until the certification of election to City Council. (The proposed Ordinance 1434 is attached as Attachment 1.) In the event a commissioner ran but was not elected to the City Council, that commissioner would be able to serve the rest of his or her term as a commissioner. In accordance with the Council's prior direction, the proposed amendments regarding removal upon election to City Council would apply uniformly to all of the commissions and commissioners. For ease of review, the specific proposed amendments to the City Code are redlined in Attachment 2. Stipends Set by Ordinance. Currently, the Tustin City Code allows the City Council to establish the stipends for commissioners, but does not require that this be done by ordinance. Per the Council's direction on March 19, Ordinance 1434 would amend the Tustin City Code to require that Commissioner stipends could only be amended by ordinance in the future, rather than by Council Resolution as was the practice before. The current Commission stipends were established by two City Council Resolutions, Resolution 99 -102 as amended by Resolution 07-40 (See Attachments 3 and 4.) Based on those two Resolutions, the per- meeting stipend for Commissioners is as follows: Planning Commission: $150 per Commissioner per meeting attended Community Services Commission: $100 per Commissioner per meeting attended Audit Commission: $100 per Commissioner per meeting attended The recommended action and Ordinance 1434 would not change the amount of the per - meeting stipends established previously in those Resolutions, though the Council could revise those amounts at this time if the Council believes changes are appropriate. City Council Agenda Report May 7, 2013 Ordinance 1434 Regarding City Commissioner Removal And Compensation Page 3 Finally, per the Council's direction, the proposed Ordinance 1434 would not impose limits on the number of consecutive terms to which the Council may appoint commissioners. Staff will be available at the time of the meeting to respond to any questions. David Kendig City Attorney Attachments: 1. Ordinance 1434 2. Redline of proposed revisions to Tustin City Code 3. Resolution 99 -102 4. Resolution 07-40 ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 1 AND ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING COMMISSIONER REMOVAL AND COMPENSATION The City Council of the City of Tustin, California, hereby ordains as follows: SECTION I The City Council finds and determines as follows: A. That the City Council of the City of Tustin is proposing an amendment to the Tustin City Code as it pertains to removal and compensation of City commissioners. Under the current Tustin City Code, commissioners are automatically removed from serving on his or her City Commission upon the filing of papers to run for City Council. This requirement results in the halting of service by experienced, qualified City Commissioners whether or not those individuals are eventually elected to the City Council. B. That the proposed Ordinance will amend the City Code to provide that a City Commissioner may continue to serve as a member of the Commission to which the person has been appointed until the certification of an election that the person is elected to the City Council. C. That the Tustin City Code presently authorizes Commissioner compensation to be established by the City Council, but does not require an Ordinance to amend the amount of such compensation. The City Council finds that the amount of Commissioner compensation should be established and amended by City Council ordinance. D. That on May 7, 2013, a meeting was duly noticed, called, and held before the City Council concerning this Ordinance No. 1434. SECTION II: Section 1305 of the Tustin City Code shall be amended to read, in its entirety, as follows: 1305 - COMMISSIONERS WHO ARE CANDIDATES FOR COUNCIL a Non - Eligibility of Candidate to Serve as Commissioner No person shall be appointed to serve or to continue to serve as a member of any commission of the City while that person is serving as a member of the City Council. b Resignation of Commissioner Council Candidate Any member of any commission of the City who has been elected to the City Council shall immediately resign from that person's position as commissioner upon certification by the City Council of that person's election results. In the event such resignation is not filed by said commissioner, that person's appointment shall be terminated as of the date of the certification of that member's election results. SECTION III: Section 1513 of the Tustin City Code shall be amended to read, in its entirety, 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. 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 certification of election of that member to the City Council as provided in Section 1305b 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 IV: Section 1514 of the Tustin City Code shall be amended to read, in its entirety, as follows: 1514 - COMPENSATION OF MEMBERS Members of the Planning Commission shall receive compensation as prescribed by ordinance of the City Council from time to time. SECTION V: Section 1537 of the Tustin City Code shall be amended to read, in its entirety, as follows: 1537 - ESTABLISHMENT The Audit Commission of the City of Tustin is hereby established with composition, jurisdiction, duties, terms of office, compensation and other characteristics as specified in this Part. The Audit Commission shall perform duties of oversight, review, investigation and reporting and shall provide recommendations to the City Council on matters of finance, investments and audit as shall be prescribed by the City Council from time to time. Compensation of the members of the Audit Commission shall be as prescribed by ordinance of the City Council from time to time. SECTION VI: Section 1539 of the Tustin City Code shall be amended to read, in its entirety, as follows: 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 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. 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. A member of the Audit Commission shall automatically be deemed removed from office upon certification of that person's election to the City Council as provided in Section 1305b of this Code or upon the occurrence of three (3) successive unexcused absences from Audit Commission meetings or upon more than five (5) absences from Audit Commission meetings within any six (6) consecutive month period. [CONTINUED] SECTION VII: Section 1553 of the Tustin City Code shall be amended to read, in its entirety, as follows: 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, or 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. A member of the Community Services Commission shall automatically be deemed removed from office upon certification of that person's election to the City Council as provided in Section 1305b of this Code or upon the occurrence of three (3) successive unexcused absences from Community Services Commission meetings or upon more than five (5) absences from Community Services Commission meetings within any six (6) consecutive month period. SECTION VIII: Section 1554 of the Tustin City Code shall be amended to read, in its entirety, as follows: 1554 - COMPENSATION OF MEMBERS Members of the Community Services Commission shall receive compensation as prescribed by ordinance of the City Council from time to time. [CONTINUED] SECTION IX: City commissioner compensation shall be as follows, unless amended by ordinance of the City Council: Planning Commission: $150 per Commissioner per meeting attended Community Services Commission: $100 per Commissioner per meeting attended Audit Commission: $100 per Commissioner per meeting attended SECTION X. This Ordinance shall become effective at 12:01 a.m. on the thirty -first day after passage. SECTION XI. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this 215t day of May, 2013. ELWYN A. MURRAY MAYOR ATTEST: JEFFREY C PARKER CITY CLERK APPROVED AS TO FORM: DAVID KENDIG CITY ATTORNEY ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1434 Jeffrey C. Parker, 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 21st day of May, 2013, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: JEFFREY C PARKER CITY CLERK REDLINE: PROPOSED AMENDMENTS TO TUSTIN CITY CODE (ORDINANCE 1434) 1305 - COMMISSIONERS WHO ARE CANDIDATES FOR COUNCIL a Non - Eligibility of Candidate to Serve as Commissioner No person shall be appointed to serve or to continue to serve as a member of any commission of the City z e . e.. - d the election - therefor is pendingwhile that person is serving as a member of the City Council. b Resignation of Commissioner Council Candidate Any member of any commission of the City GP- whose -bella nomination-papers-for the - office of City Councilmanwho has been elected to the City Council shall immediately resign from his that person's position as commissioner upon certification by the City Council of that person's election results. In the event such resignation is not filed by said commissioner, that person's his appointment shall be terminated as of the date of the certification of that member's election results. filing of nomination papers. 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 certification of election of that member to the City Council papers as provided in Section 1305b 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. 925623.2 1514 - COMPENSATION OF MEMBERS Members of the Planning Commission shall receive compensation as prescribed by ordinance of the City Council from time to time. 1537 - ESTABLISHMENT The Audit Commission of the City of Tustin is hereby established with composition, jurisdiction, duties, terms of office, compensation and other characteristics as specified in this Part. The Audit Commission shall perform duties of oversight, review, investigation and reporting and shall provide recommendations to the City Council on matters of finance, investments and audit as shall be prescribed by the City Council from time to time. Compensation of the members of the Audit Commission shall be as prescribed by ordinance of the City Council from time to time. 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 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. 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. A member of the Audit Commission shall automatically be deemed removed from office upon certification of that person's election to the City Council as provided in Section 1305b of this Code or upon the occurrence of three (3) successive unexcused absences from Audit Commission meetings or upon more than five (5) absences from Audit Commission meetings within any six (6) consecutive month period.Members of the Audit Commission as prcscrib 1553 - APPOINTMENTS AND TERMS 925623.2 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, or 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. A member of the Community Services Commission shall automatically be deemed removed from office upon certification of that person's election to the City Council as provided in Section 1305b of this Code or upon the occurrence of three (3) successive unexcused absences from Community Services Commission meetings or upon more than five (5) absences from Community Services Commission meetings within any six (6) consecutive month period. 925623.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING COMPENSATION FOR PLANNING COMMISSIONERS, PARKS AND RECREATION COMMISSIONERS, AND MEMBERS OF THE AUDIT COMMITTEE WHEREAS, the City Council recognizes the valuable service provided to the City of Tustin by members of the Planning Commission, Parks and Recreation Commission, and Audit Committee; and WHEREAS, the City Council believes that in addition to recognition, the members of the Planning Commission, Parks and Recreation Commission, and Audit Committee should receive compensation to assist in part for the numerous hours of service they provide to the Tustin community; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin, California, hereby determines as follows: SECTION 1. That each member of the Planning Commission shall receive the sum of $100.00 for each meeting attended. SECTION 2. That each member of the Parks and Recreation Commission shall receive the sum of $50.00 for each meeting attended. SECTION 3. That each member of the Audit Committee shall receive the sum of $100.00 for each meeting attended. SECTION 4. That the foregoing compensations will become effective on January 1, 2000. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 6th day of December, 1999. PAMELA STOKER, CITY CLERK T WORLEY, MAYOR RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99 -102 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 6TH day of December, 1999, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED None COUNCILMEMBER ABSENT: None , , *4 • _ A An Fame a Stoker, City Clerk RESOLUTION NO. 07-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE COMPENSATION FOR PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION MEMBERS WHEREAS, The City Council recognizes the additional duties given to the Planning Commission and Community Services Commission; and WHEREAS, the City Council believes that in addition to recognition, the members of the Planning Commission and Community Services Commission should receive compensation to assist in part for the numerous hours of service they provide to the Tustin community; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin, California, hereby determines as follows: SECTION 1. That each member of the Planning Commission shall receive the sum of $150.00 for each meeting attended. SECTION 2. That each member of the Community Services Commission shall receive the sum of $100.00 for each meeting attended. SECTION 3. That the foregoing compensations will become effective May 1, 2007. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 17th day of April, 2007. Atte LOU BONE, Mayor e LJI IIS�Y�C f WSJ PAMELA STOKE , City Clerk Resolution No. 07-40 Page 1 of 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do 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 Resolution No. 07 -40 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of April, 2007, by the following vote: COUNCILMEMBER AYES: Bone. Amante. Davert. Kawashima. Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) .tjs PAMELA STOKER City Clerk Resolution No. 07 -40 Page 2 of 2