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HomeMy WebLinkAbout19 ORD AUDIT COMM 02-22-05 AGENDA REPORT Agenda Item 19 Reviewed: 11- City Manager Finance Director MEETING DATE: February 22, 2005 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: ORDINANCE NO. 1292, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMITTEE SUMMARY: Ordinance No. 1292 will update Section 1538 of the Tustin City Code to modify the residency requirements for members of the Audit Committee. RECOMMENDATION: Have first reading of Ordinance No. 1292, an Ordinance of the City Council of the City of Tustin, California, Amending Section 1538 of the Tustin City Code Regarding the Audit Committee. FISCAL IMPACT: None. DISCUSSION: Tustin City Code Section 1538, "Members and Qualifications", currently directs that four members of the Audit Committee shall be registered voters of the City and one member shall be a registered voter within the area served by the Tustin Water Department. The revision states that a fifth member !lli!ï reside in an area served by the Tustin Water Department which is outside the City. The recommended language change will facilitate easier application of this Code Section in the recruitment and selection of future Audit Committee members. Section 1538 also contains a clause added in 1989 to include "persons heretofore appointed to the Audit Comm' e". This wording can now be deleted because it is no longer relevant. Attachments: Ordinance No. 1292 (Blacklined) Ordinance No. 1292 (Clean Copy) U'INa..It(RAN)IO,dioaoœ1292SlaffReport.doo ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMITTEE The City Council of the City of Tustin hereby ordains as follows: SECTION 1. Purpose The purpose of this ordinance is to clarify the City of Tustin Audit Committee membership requirement which pertains to residency. SECTION 2. 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, at least four (4) of whom shall be registered voters of the City during all times they hold office and one (1) who sAall of whom !!!§Y be a registered voter within the area served by the Tustin Water Department, but outside the Citv. Provided, Aewever, tAat eaaA 01 the ¡¡erSeAS Aerate/ere ap¡¡eiAtod to the Al,Jsit ComFRittee R'1ay Gonlinl,Je te servo 'NitA81,J1 aeR'1pliclAGe 'Nith the /OFe€ eiA§ , se leng as tRey are (1) a re€ isleres 'JQter 01 the City; (2) a Fe€ isteres voter 'Nitl:iiA the area serves BY the Tl,JstiA '.'Vater De¡¡aFtR'1ent; or (3) tAe e""'Aor of a Bl,JsiAeSS in the City. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held 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, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone 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 7th day of March, 2005. Lou Bone, Mayor Pamela Stoker, City Clerk Ordinance No. 1292 Page 2 of 2 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss CITY OF TUSTIN) ORDINANCE NO. 1292 PAMELA STOKER, 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. 1292 was duly and regularly introduced and read at the regular meeting of the City Council held on the 22nd day of February, 2005, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of March, 2005, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Published: U:IRe50lulions&AgreemeotsIOodinance1292AudiICommitteeSectk>n t 538Blacklinec.doc ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMITTEE The City Council of the City of Tustin hereby ordains as follows: SECTION 1. Purpose The purpose of this ordinance is to clarify the City of Tustin Audit Committee membership requirement which pertains to residency. SECTION 2. 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, at least four (4) of whom shall be registered voters of the City during all times they hold office and one (1) of whom may be a registered voter within the area served by the Tustin Water Department, but outside the City. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held 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, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone 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 7th day of March, 2005. Lou Bone, Mayor Pamela Stoker, City Clerk Ordinance No. 1292 Page 2 of 2 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss CITY OF TUSTIN) ORDINANCE NO. 1292 PAMELA STOKER, 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. 1292 was duly and regularly introduced and read at the regular meeting of the City Council held on the 22nd day of February, 2005, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of March, 2005, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Published: U ,IRe50lutioos&AgreemeotsIOodioance 1292Aud~CommitteeSectioo 1538.doo