Loading...
HomeMy WebLinkAbout06 ORDINANCE TO UPDATE THE TUSTIN CITY CODE REGARDING COMMISSION APPOINTMENT PROCESSDocusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 6 AGENDA REPORT Reviewed: Initial a`�al City Manager Finance Director N/A MARCH 4, 2025 ALDO E. SCHINDLER, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY ORDINANCE TO UPDATE THE TUSTIN CITY CODE REGARDING COMMISSION APPOINTMENT PROCESS Since the City established the office of the Mayor as an elective office, California law provides that the Mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Proposed Ordinance 1563 would conform the provisions in the Tustin City Code regarding appointments to the City commissions to the requirements of State law. RECOMMENDATION: That the City Council conduct first reading, by title only, of Ordinance 1563 entitled An Ordinance of the City Council of the City of Tustin to Update the Commission Appointment Process In the Tustin City Code, in the form attached as Exhibit 2; and 2. Direct staff to schedule Ordinance 1563 for adoption at the next regular meeting of the City Council. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: Updating the Tustin City Code regarding commissioner appointments to conform with State law advances organization excellence consistent with Strategic Plan Goal E: Organizational Excellence. BACKGROUND AND DISCUSSION: Prior to November, 2021, all City Council members were elected "at large", by voters throughout the entire City. In 2021, the City transitioned to district -based elections and, in doing so, four of the five Council members are now elected from districts. When the City Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 City Council Agenda Report City Code Amendment re Commission Appointment Process March 4, 2025 Page 2 made the transition to district elections, the City also established the Office of Mayor as an elective office. As a result, the Mayor is elected by voters City-wide. California Government Code 40605 provides that: "In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute." The Tustin City Code Update Because Tustin is a general law city where the office of Mayor is now an elective office, Government Code section 40605 vests in the Mayor the authority to appoint all board members, commissioners, and committee members, with City Council approval. The Tustin City Code contains provisions that applied prior to the creation of the office of Mayor, e.g., that the City Council makes appointments to the following commissions and board: • Planning Commission • Audit Commission • Community Services Commission • Building Board of Appeals • Public Arts Commission Proposed Ordinance 1563 would conform the relevant provisions of the Tustin City Code to the requirements of Government Code 40605 that apply since the City has an elective office of Mayor. Specifically, the provisions of the City Code governing appointments to each commission would be revised to read that members of each commission/board "shall be appointed by the Mayor with the approval of the City Council." (The proposed revisions are shown in redline type in Exhibit 1, attached hereto.) The Mayor's Discretion in the Appointment Process. The current and future Mayors will have broad discretion in the manner of making appointments to the various commissions, boards and committees, subject to any applicable restrictions in State and Federal law (for instance, that candidates for various commissions must meet various qualifications that may differ by commission or board), and subject to the requirement that the Mayor's appointments must also be approved by the City Council. Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 City Council Agenda Report City Code Amendment re Commission Appointment Process March 4, 2025 Page 3 Among the ways in which the Mayor may elect to exercise his/her discretion in the selecting and appointing commissioners and board members include: • The Mayor may create an ad hoc committee made up of himself/herself and one other member of the City Council to interview candidates and to make recommendations for the Mayor to consider; or • The Mayor could agendize a public meeting of the City Council at which some or all candidates could be interviewed by the full Council, with the Council making recommendations for the Mayor's consideration; or • The Mayor could designate a subcommittee of the City Council consisting of two or more other members of the City Council to meet in a publicly -noticed meeting to interview candidates and to make recommendations to the Mayor to consider; or • The Mayor may designate a different individual (one Council member, a staff member, or member of the public) to interview candidates and make recommendations to the Mayor to consider; or • The Mayor may interview commission and board candidates himself/herself; or • The Mayor may dispose of interviews and select appointees in his/her own discretion. Conclusion. Because State law provides the Mayor makes all appointments to all boards, commissions, and committees, with the approval of the City Council, it is recommended that the Council approve Ordinance 1563 in the form attached as Exhibit 2, to update the Tustin City Code to conform to the appointment process set forth in State law. DocuSigned by: ttFKe'Id}q . City Attorney Attachment: 1. Redline of Proposed Ordinance 1563 2. Proposed Ordinance 1563 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 EXHIBIT 1 ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN TO UPDATE THE COMMISSION APPOINTMENT PROCESS IN THE TUSTIN CITY CODE. THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: SECTION I: Section 1513 of Part 1 of Chapter 3 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1513 - APPOINTMENT AND TERMS a. Appointment. Members of the Planning Commission shall be appointed by the Mayor with the approval of 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. 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. SECTION II: Section 1539 of Part 4 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1539 - APPOINTMENT AND TERMS a. Appointment. Members of the Audit Commission shall be appointed by the Mayor with the approval of the City Council. All members of the Commission shall serve until their respective successors are appointed and qualified. Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Ordinance No. 1563 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. 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 of Part 5 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1553- APPOINTMENTS AND TERMS a. Appointment. Members of the Community Services Commission shall be appointed by the Mayor with the approval of 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. 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. Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Ordinance No. 1563 Page 3 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: Section 1573 of Part 7 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: iMWT1W1ffl1►1119►TAI210Ill �y_1►1Da921V►VA[01 a. Appointment. Members of the Building Board of Appeals shall be appointed by the Mayor with the approval of the City Council. All members of the Board shall serve until their respective successors are appointed and qualified. 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. C. Terms of Office. The terms of office shall be for four (4) years commencing on the date of appointment for each office. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Building Board of Appeals. SECTION V: Section 1583 of Part 8 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: iF':icw_1W1ffl1►1119►TAI210Ill �y_1►1Da921V►VA[01 a. Appointment. Members of the Public Art Commission shall be appointed by the Mayor with the approval of 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 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Ordinance No. 1563 Page 4 adopted by at least three (3) affirmative votes. A member of the Public Art 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. C. Terms of Office. The terms of office shall be for four (4) years commencing on the expiration date of each office as prescribed hereinabove. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Public Art Commission. SECTION VI: If any section, subsection, subdivision, sentence, clause, phrase, word, 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 hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. SECTION VII: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2025. AUSTIN LUMBARD MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK APPROVED AS TO FORM: DAVID E. KENDIG, CITY ATTORNEY Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Ordinance No. 1563 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1563 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. 1563 was duly and regularly introduced at the regular meeting of the City Council held on the _ day of 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2025, by the following vote: 149011ilk us] IIW21Me] 1y_\72601 COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN TO UPDATE THE COMMISSION APPOINTMENT PROCESS IN THE TUSTIN CITY CODE THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: SECTION I: Section 1513 of Part 1 of Chapter 3 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1513 - APPOINTMENT AND TERMS a. Appointment. Members of the Planning Commission shall be appointed by the Mayor with the approval of 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. 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. SECTION II: Section 1539 of Part 4 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1539 - APPOINTMENT AND TERMS a. Appointment. Members of the Audit Commission shall be appointed by the Mayor with the approval of the City Council. All members of the Commission shall serve until their respective successors are appointed and qualified. Ordinance No. 1563 Page 1 of 5 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 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. 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 of Part 5 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1553- APPOINTMENTS AND TERMS a. Appointment. Members of the Community Services Commission shall be appointed by the Mayor with the approval of 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. 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. Ordinance No. 1563 Page 2 of 5 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 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: Section 1573 of Part 7 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1573 - APPOINTMENTS AND TERMS a. Appointment. Members of the Building Board of Appeals shall be appointed by the Mayor with the approval of the City Council. All members of the Board shall serve until their respective successors are appointed and qualified. 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. C. Terms of Office. The terms of office shall be for four (4) years commencing on the date of appointment for each office. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Building Board of Appeals. SECTION V: Section 1583 of Part 8 of Chapter 5 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1583 - APPOINTMENTS AND TERMS a. Appointment. Members of the Public Art Commission shall be appointed by the Mayor with the approval of 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 Public Art Ordinance No. 1563 Page 3 of 5 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 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. C. Terms of Office. The terms of office shall be for four (4) years commencing on the expiration date of each office as prescribed hereinabove. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Public Art Commission. SECTION VI: If any section, subsection, subdivision, sentence, clause, phrase, word, 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 hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. SECTION VII: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk Ordinance No. 1563 Page 4 of 5 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 APPROVED AS TO FORM: FDocuSigned by: ,: y - DA 8EF3KEENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1563 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. 1563 was duly and regularly introduced at the regular meeting of the City Council held on the 4t" day of March, 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1563 Page 5 of 5