Loading...
HomeMy WebLinkAbout12 SECOND READING AND ADOPTION OF ORDINANCE NO. 1563 - COMMISSION APPOINTMENT PROCESSDocusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 12 AGENDA REPORT Reviewed: Initial City Manager a`V� Finance Director N/A MARCH 18, 2025 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK SECOND READING AND ADOPTION OF ORDINANCE NO. 1563 — COMMISSION APPOINTMENT PROCESS California law provides that an elected Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Adoption of Ordinance No. 1563 conforms the provisions in the Tustin City Code regarding appointments to the City commissions to the requirements of State law. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1563. 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: On March 4, 2025, the City Council had first reading by title only of Ordinance No. 1563: ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMISSION APPOINTMENT PROCESS IN THE TUSTIN CITY CODE Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E City Council Agenda Report Second Reading and Adoption of Ordinance No.1563 March 18, 2025 Page 2 ErL N. Ya4 dcv Erica N. Yasuda City Clerk Attachment: 1. Ordinance No. 1563 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA 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ORDAIN AS FOLLOWS: SECTION I: Section 1513 of Part 1 of Chapter 3 of Article 1 of the Tustin City Code is replaced and superseded in its entirety to read as follows: 1513 - APPOINTMENT AND TERMS a. Appointment.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: 0430F470-9D70-4B51-AB19-8337C321903E 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: 0430F470-9D70-4B51-AB19-8337C321903E 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: 0430F470-9D70-4B51-AB19-8337C321903E 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 18t" day of March, 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk Ordinance No. 1563 Page 4 of 5 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E APPROVED AS TO FORM: FDocuSigned by: ,: y DA EF371KENDIG, 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 18t" day of March, 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