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HomeMy WebLinkAboutORD 1481 (2017)ORDINANCE NO. 1481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING SECTION 1513 OF PART 1 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO CITY COMMISSION TERMS OF OFFICE. The City Council of the City of Tustin does hereby ordain as follows: SECTION I. Section 1513 (Appointment and Terms) of Part 1 (Planning Commission) of Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the Tustin City Code is hereby repealed and replaced in its entirety to read as follows: 1513 — APPOINTMENT AND TERMS A. Appointment. Members of the Planning Commission shall be appointed by 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 1395b 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. C. Terms of Office. The terms of office of the three (3) current Planning Commission members who were appointed in 2917 are hereby extended to March 1, 2921. The terms of office of the two (2) current Planning Commission members who were appointed in 2916 are hereby extended to March 1, 2919. 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, 2917, 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, 2917 shall not be counted when determining the number of consecutive terms a Commissioner has served. Ordinance No. 1481 Page 1 of 4 SECTION 11. Section 1539 (Appointment and Terms) of Park 4 (Audit Commission) of Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the Tustin City Code is hereby repealed and replaced in its entirety to read as follows: ad 1539 —APPOINTMENT AND TERMS A. Appointment. Members of the Audit Commission shall be appointed by 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 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, excluding any such absences as may be excused by action of the City Council. 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. r 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 (Appointment and Terms) of Park 4 (Community Services Commission) of Chapter 5 (Boards and Commissions) of Article 1 (Administration) of the Tustin City Code is hereby repealed and replaced in its entirety to read as follows: 1553 — APPOINTMENT AND TERMS A. Appointment. Members of the Community Services Commission shall be appointed by 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, or ad Ordinance No. 1481 Page 2 of 4 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. 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. 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. Effective Date. This Ordinance shall take effect on the 315t day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION V. CEQA Exemption. The City Council finds that the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION VI. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 161h day of May, 2017. DR. ALLAN BERNSTEIN, Mayor Ordinance No. 1481 Page 3 of 4 ATTEST: ERIC N. RABE, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE j SS CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1481 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do 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. 1481 was duly passed and adopted at a regular meeting of the Tustin City Council held on the 161h day of May, 2017, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Bernstein Murra Puckett Clark 4 Gomez t1} ( 0) 0 Ordinance No. 1481 Page 4 of 4 1