HomeMy WebLinkAbout10 SECOND READING AND ADOPTION OF ORDINANCE NO. 1502Agenda Item
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AGENDAREPORT RevieweCity Manager
Finance Director
N/A
MEETING DATE: JULY 2, 2019
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1502
SUMMARY:
Adoption of Ordinance No. 1502 amends 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.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1502.
BACKGROUND:
On June 4, 2019, the City Council had first reading by title only of the following Ordinance:
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.
Attachment: Ordinance No. 1502
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
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
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Ordinance No. 1502
Page 2
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.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this 18th day of June, 2019.
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Ordinance No. 1502
Page 3
CHARLES E. PUCKETT,
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG
City Attorney
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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 18th day
of June, 2019, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA,
City Clerk
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