HomeMy WebLinkAbout08 SECOND READING AND ADOPTION OF ORDINANCE NO. 1481Agenda Item 8
AGENDA REPORT Reviewed:
City Manager t ,
Finance Director N/A
MEETING DATE: MAY 16, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ERICA N. RABE, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1481
SUMMARY:
Ordinance No. 1481 amends the Tustin City Code to establish four-year terms
staggered every two years, and to establishes term limits of two consecutive terms for
each commissioner.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1481.
BACKGROUND:
On May 2, 2017, the City Council had first reading by title only of the following
Ordinances:
ORDINANCE NO. 1481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING AND RESTATING SECTION 1513 OF PART 1 OF CHAPTER 5 OF
ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO CITY COMMISSION TERMS
OF OFFICE.
Attachment: Ordinance No. 1481
ORDINANCE NO. 1481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING AND RESTATING
SECTION 1513 OF PART 1 OF CHAPTER 5 OF ARTICLE 1
OF THE TUSTIN CITY CODE RELATING TO CITY
COMMISSION TERMS OF OFFICE.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION I. Section 1513 (Appointment and Terms) of Part 1 (Planning Commission) of
Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the Tustin City Code
is hereby repealed and replaced in its entirety to read as follows:
1513 — APPOINTMENT AND TERMS
A. Appointment. Members of the Planning Commission shall be appointed by the
City Council. All members of the Commission shall serve until their respective
successors are appointed and qualified.
B. Removal. 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. 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 four (4) absences from Commission meetings within any twelve (12)
consecutive month period, excluding any such absences as may be excused by
action of the City Council.
C. Terms of Office. The terms of office of the three (3) current Planning Commission
members who were appointed in 2017 are hereby extended to March 1, 2021. The
terms of office of the two (2) current Planning Commission members who were
appointed in 2016 are hereby extended to March 1, 2019. The term of each said
office shall thereafter be for four (4) years commencing on the expiration date of
each office as prescribed hereinabove.
D. Limitation on Consecutive Terms of Office. For all terms that commence after
January 1, 2017, no person shall be eligible to serve more than two (2) consecutive
four-year terms on the Planning Commission. A term of office that commenced
prior to January 1, 2017 shall not be counted when determining the number of
consecutive terms a Commissioner has served.
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SECTION II. Section 1539 (Appointment and Terms) of Part 4 (Audit Commission) of
Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the Tustin City Code
is hereby repealed and replaced in its entirety to read as follows:
1539 — APPOINTMENT AND TERMS
A. Appointment. Members of the Audit Commission shall be appointed by the City
Council. All members of the Commission shall serve until their respective
successors are appointed and qualified.
B. Removal. 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. A member of the Audit 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
four (4) absences from Commission meetings within any twelve (12) consecutive
month period, excluding any such absences as may be excused by action of the
City Council.
C. Terms of Office. The terms of office of the three (3) current Audit Commission
members who were appointed in 2015 shall expire on March 1, 2019. The terms
of office of the two (2) other Audit Commission members are hereby extended to
March 1, 2021. The term of each said office shall thereafter be for four (4) years
commencing on the expiration date of each office as prescribed hereinabove.
D. Limitation on Consecutive Terms of Office. For all terms that commence after
January 1, 2017, no person shall be eligible to serve more than two (2) consecutive
four-year terms on the Audit Commission. A term of office that commenced prior
to January 1, 2017 shall not be counted when determining the number of
consecutive terms a Commissioner has served.
SECTION III. Section 1553 (Appointment and Terms) of Part 4 (Community Services
Commission) of Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the
Tustin City Code is hereby repealed and replaced in its entirety to read as follows:
1553 — APPOINTMENT AND TERMS
A. Appointment. Members of the Community Services Commission shall be
appointed by the City Council. All members of the Commission shall serve until
their respective successors are appointed and qualified.
B. Removal. 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. A member of the Community Services 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 four (4) absences from Commission meetings within any
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twelve (12) consecutive month period, excluding any such absences as may be
excused by action of the City Council.
C. Terms of Office. The terms of office of the three (3) current Community Services
Commission members who were appointed in 2017 are hereby extended to March
1, 2021. The terms of office of the two (2) current Community Services
Commission members who were appointed in 2016 are hereby extended to March
1, 2019. The term of each said office shall thereafter be for four (4) years
commencing on the expiration date of each office as prescribed hereinabove.
D. Limitation on Consecutive Terms of Office. For all terms that commence after
January 1, 2018, no person shall be eligible to serve more than two (2)
consecutive four-year terms on the Community Services Commission. A term of
office that commenced prior to January 1, 2018 shall not be counted when
determining the number of consecutive terms -a Commissioner has served. -
SECTION IV. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION V. CEQA Exemption. The City Council finds that the proposed Ordinance is
not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen
With certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION VI. Severability. If any section, sub -section, clause or phrase in this Ordinance
or the application thereof to any person or circumstances is for any reason held invalid,
the validity of the remainder of this Ordinance or the application of such provisions to
other persons or circumstances shall not be affected.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this day of May, 2017.
DR. ALLAN BERSTEIN, Mayor
ERICA N. RABE, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1100-27
ERICA N. RABE, 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 Ordinance No. 1481 was duly
passed and adopted at a regular meeting of the Tustin City Council held on the day
of May, 2017, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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