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HomeMy WebLinkAboutORD 1434 (2013)1 1 1 ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 Ordinance No. 1434 Page 1 of 6 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 111: 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: Ordinance No. 1434 Page 2 of 6 1 1 1 1 1 1 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. Ordinance No. 1434 Page 3 of 6 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. Ordinance No. 1434 Page 4 of 6 1 1 1 1 1 1 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 21st day of May, 2013. ATTEST: APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney Ordinance No. 1434 Page 5 of 6 ELWYN v MURR Mayor ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1434 I, 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 No. 1434 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of May, 2013, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on 21st day of May, 2013, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Murray, Puckett, Nielsen, BPrnstein Gomez None None (4) (1) (0) (0) Ordinance No. 1434 Page 6 of 6 1 1 1