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Home My WebLink About09 REQUEST TO EXCUSE COMMISSIONER ABSENCESAgenda Item 9 Reviewed: %� AGENDA REPORT City Manager AQ Finance Director N/A MEETING DATE: MAY 7, 2019 TO: MATTHEW S. WEST, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REQUEST TO EXCUSE COMMISSIONER ABSENCES u UTIM In accordance with Council Ordinance No from Planning Commissioner AJ Jha meetings. RECOMMENDATION: . 1481, consider whether to approve a request to be excused from Planning Commission That the City Council consider whether to approve a request by Planning Commissioner Jha to be excused from three (3) Planning Commission meetings. FISCAL IMPACT: None. CORRELATION TO THE STRATEGIC PLAN: The requested action correlates with the City's Strategic Plan Goal E: "Organizational Excellence and Customer Service: Be a high performance organization, with effective customer service provided by professional staff." BACKGROUND: On May 16, 2017, the City Council adopted Ordinance No. 1481 amending the Tustin City Code rules that govern the appointment and terms of the City's Audit, Community Services and Planning Commissioners. One of the rules adopted at that time provides that a commissioner who misses four (4) commission meetings in any twelve (12) month period would be automatically removed from his/her position on that commission, but the rule expressly excludes any absences as are "excused by action of the City Council. Pursuant to that Ordinance, only the City Council has authority to excuse an absence. Agenda Report — Request to Excuse Commissioner Absences May 7, 2019 Page 2 At its June 5, 2018 meeting, the City Council considered whether to "pre -approve" certain categories of absences if they were caused by certain factors (e.g., illness, attendance at commission -related conferences, etc.) After discussing the matter, the City Council decided to maintain the existing Tustin City Code as it relates to commissioner absences, thus declining to excuse absences by categories. As a result, requests for excused absences are considered by the City Council on a case-by-case basis. Request from Planning Commissioner Jha: Planning Commissioner Jha has requested City Council approval to be excused on April 9, 2019, April 23, 2019 and May 14, 2019 for the reason detailed in his April 9, 2019 email (attached). Attachments: 1. April 9, 2019 Email from Commissioner Jha Requesting Excused Absence 2. Ordinance No. 1481 Attachment 1 April 9, 2019 Email from Commissioner Jha Requesting Excused Absence Binsack, Elizabeth From: Jha, AJ Sent: Tuesday, April 9, 2019 10:44 PM To: Binsack, Elizabeth Cc: Tiscareno, Vera Subject: RE: Attachment Elizabeth, Can you request that the City Council grant an excused absence for the potential conflicts with the planning commission meetings to allow my involvement in the FBI citizen leadership academy? I was selected from a group of 300 applicants to participate in the LA FBI leadership program. It is a very prestigious program that includes local government officials, prosecutors, FBI command staff and prominent religious/business leaders from the LA basin. It looks like 3-4 of the dates potential conflict. 1 am allowed one absence from the FBI program. I applied to this program before my commission appointment was made and was approved for the FBI program in early March. SESSION 1: Tuesday, April 2nd Introduction of FBI Executive Management & Class participants History of the FBI: Speaker: Assistant Director in Charge Paul Delacourt Legal Division Overview SESSION 2: Tuesday, April 9th [1-E31 RA Store will be available] Cyber and Counterintelligence Division Overview and Case Study Presentations SESSION 3: Tuesday, April 16th [Class Photo scheduled promptly at 6:00 p.m.1 Active Shooter & FBI Deadly Force Policy Presentations SESSION 4: Tuesday, April 23rd Criminal Division Overview and Case Study Presentations SESSION 5:Tuesday, April 30th Intelligence Division Overview and Case Study Presentation SESSION 6: Tuesday, May 7th Counterterrorism Division Overview and Case Study Presentations SESSION 7: Tuesday, May 14th Rotating Practical Night SESSION 8: Saturday, May 18th FBI SWATTeam Range Day — Counterterrorism Training Day Irvine, CA (Address to be provided later) SESSION 9: Tuesday, May 21st Graduation and Class Dinner *Location TBD AJ JHA PLANNING COMMISSIONER 714-340-5088 From: Binsack, Elizabeth <EBinsack@tustinca.org> Sent: Tuesday, April 9, 2019 4:13 PM To: Jha'AJ <AJha@tustinca.org>; Tiscareno, Vera <VTiscareno@tustinca.org> Subject: RE: Attachment Hi AJ, You would need anemail/letter ton0easkingmeto requestthe CCgrant anexcuse. You/corns ondcnoeshouNdetai| the reason/justification for the absences. I will take it to a Council meeting and request their approval. Fn-VVeane planning on having first meetings in May and June and possibly cancelling the second meetings in those months. This is tentative at this point. Elizabeth From: ]ha,AJ Sent: Tuesday, April 9,3O193:S4PM To: Binsack,Elizabeth T�car�n�Vera Subec±:RE: Attachment Can ` we�ortth. formal fbrt'- excused 'nces?VVhutdoyouneemn�e? ' AJI JHA PLANNING COMMISSIONER , ' 714-340-5088 Sent: Tuesday, April 9, 2019 3:07 PIVI Subject: Attachment - A1 Here is the attachment. 2 Attachment 2 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 1395b 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 2917 are hereby extended to March 1, 2921. The terms of office of the two (2) current Planning Commission members who were appointed in 2916 are hereby extended to March 1, 2919. 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, 2917, 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, 2917 shall not be counted when determining the number of consecutive terms a Commissioner has served. Ordinance No. 1481 Page 1 of 4 SECTION 11. Section 1539 (Appointment and Terms) of Park 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: ad 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. r 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 Park 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 ad Ordinance No. 1481 Page 2 of 4 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 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 315t 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 161h day of May, 2017. DR. ALLAN BERNSTEIN, Mayor Ordinance No. 1481 Page 3 of 4 ATTEST: ERIC N. RABE, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE j SS CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1481 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 161h day of May, 2017, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Bernstein Murra Puckett Clark 4 Gomez t1} ( 0) 0 Ordinance No. 1481 Page 4 of 4 1