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HomeMy WebLinkAbout09 CODE AMENDMENT REGARDING COMMISSIONER ABSENCESAgenda Item 9 AGENDA REPORT Reviewed: City Manager Finance Director N/A MEETING DATE: JUNE 4, 2019 TO: MATTHEW S. WEST, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT REGARDING COMMISSIONER ABSENCES SUMMARY: At the City Council meeting of May 7, 2019, the City Council directed staff to return with a proposed amendment to the City Code provisions related to Commissioner absences. Ordinance No. 1481 adopted on May 16, 2017, establishes automatic removal of Commissioners upon the occurrence of four (4) absences from Commission meetings within any twelve (12) consecutive month period, but excluding such absences excused by the City Council. This staff report provides the City Council with two (2) alternatives (though the Council may direct staff to return with a different approach at the Council's discretion): 1. "Four Strikes, You're Out": Automatic removal of Commissioner upon four (4) absences within any twelve (12) consecutive month period without any possible excuse (Attachment A); or 2. "No Limit": No automatic removal based on absences. This would remove the absences policy from the Ordinance. Removal would only occur if the Commissioner or Board Member is elected to the City Council or if three members of the City Council vote to remove the Commissioner/Board member. (Attachment B). Either alternative would still allow the City Council to remove any or all members of a Commission or Board with at least three (3) affirmative votes. RECOMMENDATION: That the City Council have first reading by title only of version A or Version B of the proposed Ordinance No. 1502 and direct staff to return to the next regular meeting for adoption. Commissioner Absences June 4, 2019 Page 2 FISCAL IMPACT: No fiscal impact. CORRELATION TO THE STRATEGIC PLAN: Goal E of the Strategic Plan: "Organizational Excellence and Customer Service: Be a high-performance organization with effective customer service provided by a professional workforce." Clarifying the rules regarding Commissioner absences will encourage committed professionals to serve on the City Commissions. DISCUSSION: On May 16, 2017, the City Council adopted Ordinance No. 1481 which established term limits for Commissioners and clarified the policy related to Commissioners' absences. The following is an excerpt of the current code related to removal of Commission members and absences: "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." On June 5, 2018, the City Council considered a policy for determining grounds for absences to be deemed excused. The grounds discussed included: trainings, death in the immediate family, illness or injury, and any other absence excused by specific action of the City Council. The City Council, however, decided not to adopt a policy and directed staff to maintain the current code which leave the approval of excused absences to the discretion of the City Council. On May 7, 2019, the City Council considered a request by a Planning Commissioner for excused absences from Planning Commission meetings. At that meeting, the City Council expressed discomfort about deciding whether certain absences should be excused or not. Accordingly, the City Council directed staff to return with possible Code amendments for Council discussion to address the absence policy for Commissioners. Based upon the discussion at the meeting, staff presents the following two (2) alternatives for the Council's consideration. The first alternative (Attachment A) would cause automatic removal of Commissioner upon missing four (4) meetings in any twelve (12) month period. The second alternative (Attachment B) would eliminate the policy regarding absences entirely. Either alternative would retain the City Council's discretion to remove any or all members of the Commission by the affirmative votes of three (3) Commissioner Absences June 4, 2019 Page 3 Councilmembers, whether due to absences or other reasons. The alternative revisions presented would take the following form for each City Commission and Board: 1. The "FOUR STRIKES AND YOU'RE OUT" Alternative (Attachment A): - APPOINTMENT AND TERMS 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., eXGluding an" SUGh absenGes as—rRay be ovn„cod by aGtinn of the Gity ('o,,nril 2. The "NO LIMIT" Alternative (Attachment B): - APPOINTMENT AND TERMS: 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 upen The City Council may adopt one (1) of the above alternatives or any action that the Council deems appropriate. In the event the City Council directs that an ordinance should be considered that takes a different approach, the Council should direct staff to return to a future meeting with a revised version of the proposed ordinance for first reading. stina L. Willkom Assistant Community Development Director Attachments: A. Ordinance No. 1502 (Version A: Four Strikes You're Out). B. Ordinance No. 1502 (Version B: No Limit) ATTACHMENT A Ordinance No. 1502 (Version A: Four Strikes You're Out). Staff Report - Attachment A ORDINANCE NO. 1502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 1513,1539, 1553, AND 1573 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING CITY COMMISSIONER AND BUILDING BOARD OF APPEALS MEMBER REMOVAL FROM OFFICE. The City Council of the City of Tustin does hereby ordain as follows: SECTION I. The City Council finds and determines as follows: A. That the City Council of the City of Tustin is proposing amendments to the Tustin City Code pertaining to the removal from office of City commissioners and Building Board of Appeals members. Under the current Tustin City Code, City commissioners and Building Board of Appeals members are automatically deemed removed from office upon the occurrence of four (4) absences from commission or board meetings within any twelve (12) consecutive month period, but excluding any such absences as may be excused by action of the City Council; and B. That the proposed Ordinance will amend the City Code to eliminate the exclusion for absences excused by action of the City Council and simply provide for automatic removal from office of City commissioners and Building Board of Appeals members upon the occurrence of four (4) absences from commission or board meetings within any twelve (12) consecutive month period; and C. That the proposed Ordinance will have the effect of encouraging appointed City commissioners and Building Board of Appeals members to attend their respective meetings, and in circumstances where an appointed individual is unable or unwilling to do so on four or more occasions in a 12 month period, the City Council will then appoint another qualified individual who is interested in serving the Tustin community as a commissioner or Board member. SECTION II. Section 1513(b) of Part 1 (Planning Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1513 - APPOINTMENT AND TERMS 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 1411810.1 Ordinance No. 1502 Page 2 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. SECTION III. Section 1539(b) of Part 4 (Audit Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1539 — APPOINTMENT AND TERMS 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. SECTION IV. Section 1553(b) of Part 5 (Community Services Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1553 — APPOINTMENTS AND TERMS 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 twelve (12) consecutive month period. SECTION V. Section 1573(b) of Part 7 (Building Board of Appeals) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1573 — APPOINTMENTS AND TERMS b. Removal. All members of the Board 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 Building Board of Appeals shall automatically be deemed removed from office upon certification of election of that member to the City 1411810.1 Ordinance No. 1502 Page 3 Council as provided in Section 1305b of this Code, or upon the occurrence of four (4) absences from Board meetings within any twelve (12) consecutive month period. SECTION VI. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2019. CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID KENDIG, City Attorney 1411810.1 Ordinance No. 1502 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1502 Erica N. Yasuda, 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. 1502 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the _ day of , 2019, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Published: 1411810.1 ATTACHMENT B Ordinance No. 1502 (Version B: No Limit) Staff Report — Attachment B ORDINANCE NO. 1502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 1513,1539, 1553, AND 1573 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING CITY COMMISSIONER AND BUILDING BOARD OF APPEALS MEMBER REMOVAL FROM OFFICE. The City Council of the City of Tustin does hereby ordain 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 the removal from office of City commissioners and Building Board of Appeals members. Under the current Tustin City Code, City commissioners and Building Board of Appeals members are automatically deemed removed from office upon the occurrence of four (4) absences from commission or board meetings within any twelve (12) consecutive month period, but excluding any such absences as may be excused by action of the City Council. B. That the proposed Ordinance will amend the City Code to remove the automatic removal provisions relating to City commissioner and Building Board of Appeals member absences from commission or Board meetings. SECTION II. Section 1513(b) of Part 1 (Planning Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1513 — APPOINTMENT AND TERMS 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. SECTION III. Section 1539(b) of Part 4 (Audit Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1539 — APPOINTMENT AND TERMS 1411849.1 Ordinance No. 1502 Page 2 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. SECTION IV. Section 1553(b) of Part 5 (Community Services Commission) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1553 — APPOINTMENTS AND TERMS 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. SECTION V. Section 1573(b) of Part 7 (Building Board of Appeals) of Chapter 5 of Article 1 of the Tustin City Code is hereby amended and restated, in its entirety, to read as follows: 1573 — APPOINTMENTS AND TERMS b. Removal. All members of the Board 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 Building Board of Appeals 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. SECTION VI. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 1411849.1 Ordinance No. 1502 Page 3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID KENDIG City Attorney 1411849.1 Ordinance No. 1502 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1502 Erica N. Yasuda, 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. 1502 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the _ day of , 2019, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Published: 1411849.1