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HomeMy WebLinkAboutORD 1502 (2019)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 Ordinance No. 1502 Page 1 of 3 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 2nd day of July, 2019. Ordinance No. 1502 Page 2 of 3 CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. YAOUDA, City Clerk APPROVED AS TO FORM: 5.J /PERIOD.,moi 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 2nd day of July, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. Y UDA, City Clerk Ordinance No. 1502 Page 3 of 3 Puckett, Bernstein, Lumbard, Cooper (4) Clark (1) (0) (0)