HomeMy WebLinkAboutORD FOR INTRODUCTION 05-15-89 ~ ORDINANCES FOR INTRODUCTION
NO. I ,
05/10'/89 Inter - C om
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HONORABLE I~Y-OR AND' CITY'COUNCIL
CI~l~ AT"TO~Y
AUDIT
The question has arisen of whether Frank Greinke is still a
valid member of the Tustin Audit Committee.
Frank Greinke was appointed to the Audit Committee after
adoption of Resolution No. 88-52 on May 16, 1988, and prior to
the adoption of Ordinance 1022 on March 20, 1989. At 'the time of
his appointment it is my understanding that he was (1) a
registered voter of the City of Tustin; (2) 'a registered voter
within the area served by the Tustin Water Department; and (3)
an owner of a business within the City of Tustin. Further., it is
my understanding that since the time of his appointment he has
ceased to be a registered voter of Tustin and has ceased to be a
regi'stered voter within the area served by the Tustin Water
Department, but that he is still the owner of a business located
within the City of Tustin.
Section 1538 of Ordinance 1022 provides as follows:
"1'538 MEMBERS AND QUALIFICATIONS. The Audit Committee
shall consist of five (5) members, four (4') of whom
shall be registered voters of the City during all times
they hold office and one (1) who shall be a registered
voter within the area served by the Tustin Water
Department. Provided, however that the persons
heretofore ~ppointed to the Audit Committee may
continue to serve without compliance with the
foregoing, so long as they .comply with the conditions
in effect at the time of their appointment".
Resolution No. 88-52 provided as follows concerning the
required qualifications of members of the Audit Committee:
"NOW, THEREFORE, the City Council of the City of Tustin
does hereby create the City of Tustin Audit Committee.
T. he Audit Committee shall consist of three private
citizens, selected at large, who will serve two year,
staggered terms, subject to service at the pleasure of
the City Council. At least two members of the
Committee shall at all times be residents of the City
of-Tustin. One member may be a resident of the service~
area of the Tustin Water Department. The City Council.
may also appoint an alternate member to serve on the
Committee. The alternate member shall attend meetings
of the Committee and act in place of a regular
Committee member who is absent from the meeting.
Committee members (including the alternate member)
shall be compensated at the rate of Fifty Dollars
($50.00) per Committee meeting which they attend."
Accordingly, pursuant to the provisions of the Resolution
and Ordinance, Frank Greinke is no longer qualified to serve on
the Audit Committee. It is my recollection that the "grandfather
clause" of Ordinance No. I022 was included with the intent that
it would enable Frank Greinke and Walter Sullens to remain on the
Audit Committee by virtue of being owners of businesses in the
Cit, however, the provision qualifying City business owners to
serve on the Audit Committee, while in some drafts, was not
included in the final adopted Resolution.
If the City Council wants a grandfathering provision to
apply to Frank Greinke and Walter Su.llens, adoption of the
attached Ordinance. is recommended.
City Attorney
JGR:pj: 05/10/89: lllf. tw
cc: WH
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oRDINANCE NO. 1023
ORDINANCE FOR THE CITY COUNCIL, CITY OF TUSTIN,
CALIFORNIA, AMENDING THE TUSTIN CITY CODE
REGARDING THE AUDIT COMMITTEE
The City Council of the City of Tustin does hereby ORDAIN as
follows:
1. Section 1538 of the Tustin City Code is hereby amended
to read as follows:
"1538 MEMBERS AND QUALIFICATIONS
The Audit Committee shall consist of five (5) members,
four (4) o~ whom shall be registered voters of the City
during all times they hold office and one (1) who shall
be a registered voter within the area served by the
Tustin Water Department. Provided, however, that each of
the persons heretofore appointed to the Audit Committee
may continue to serve without compliance with the
foregoing, so long as they are (1) a registered voter of
the City; (2) a registered voter within the area served
by the Tustin Water Department; or (3) the owner of a
business in the City."
PASSED AND ADOPTED at a regular meeting of the City 'Council,
City of Tustin, California, held on the day of ,
1989.
ATTEST:
Mayor
Mary Wynn
City Clerk
JGR:pj (Al)