ORDINANCE NO. 1753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 2.29 TO THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO CREATE A COASTAL ADVISORY COMMITTEE WHEREAS, at its Special Meeting of meeting of June 5, 2023, the San Clemente City Council requested Staff return to Council with an Ordinance to consider reinstating the City's Coastal Advisory Committee; and WHEREAS, the City Council determined that a newly formed Coastal Advisory Committee could enhance performance and improve efficiency related to Coastal Issues the City is currently facing.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
Section 1: Chapter 2.29, relating to the Coastal Advisory Committee, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto.
Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 3. The revision to Code Chapter 2.29 as set forth in Exhibit A of this Ordinance shall become effective on August 17, 2023.
Section 4. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No., having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______. This ordinance has been published pursuant to law and was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
__________________________
Elizabeth A. Mitchell, City Attorney
EXHIBIT A
CHAPTER 2.42 - COASTAL ADVISORY COMMITTEE
2.42.010 - Establishment of the Coastal Advisory Committee; composition; appointment of members.
The newly established Coastal Advisory Committee shall consist of five (5) San Clemente citizens appointed by the City Council.
2.42.015 - Mission
The Coastal Advisory Committee's mission is to preserve, enhance, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations. The Committee shall strive to raise public awareness in promoting a positive environmental stewardship for the greater good of the San Clemente area.
The Committee shall advise the City Council by making recommendations on policy, programs and regulations related to the City's coastal environment and resources. Additionally, the Committee shall work to raise public awareness and promote a shared environmental vision by facilitating partnerships between State and local departments, community groups and businesses. In carrying out its mission the Committee shall promote forward-looking solutions regarding coastal resource issues including, but not limited to, air and water quality, pollution prevention, beach and coastal zone preservation, stewardship, solid waste reduction/recycling and sustainability.
2.29.020 - Function.
The Coastal Advisory Committee's functions and duties are to:
A. Act in an advisory capacity to the City Council, City commissions and committees, and staff relating to coastal issues identified by the City Council; B. Serve as an advocate for the Coastal Zone, consistent with adopted City Council policy and direction and applicable law, including the Ralph M. Brown Act, while participating with organizations and other outside agencies involved in coastal issues focusing on implementing established direction and goals of the City Council; C. Provide City Council with updates or pertinent information regarding coastal management practices and issues as requested by City Council; D. Serve as a sounding board for citizen input on matters relating to the Coastal Zone; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval; F. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee; and G. Perform such other duties as may be prescribed by the City Council.
2.29.030 - Coastal Advisory Committee - Terms of Office.
The terms of office of members of the Coastal Advisory Committee shall be for two (2) years from July 1st to June 30th of the second following year, and with such terms staggered so that three (3) Committee members are appointed in even-numbered years and two (2) Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than sixty (60) days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Coastal Advisory Committee members until successors are appointed by the City Council and assume office.
2.29.040 - Meetings - Attendance.
The Coastal Advisory Committee shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Coastal Advisory Committee meetings shall be established by resolution of the Coastal Advisory Committee. Any member of the Coastal Advisory Committee who is absent from three (3) consecutive regular meetings of the Coastal Advisory Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Coastal Advisory Committee to be absent from three (3) consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Coastal Advisory Committee and the office shall be considered vacant.
2.29.050 - Filling of vacancies - Removal of members.
Any vacancy occurring in the office of a member of the Coastal Advisory Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Coastal Advisory Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.
2.29.060 - Voting power of members.
The members of the Coastal Advisory Committee shall each have one (1) vote on any matter pending before the committee.
2.29.070 - Committee subject to state law, etc.
The Coastal Advisory Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this code and any other ordinance of the City. 4878-3248-8554 v1
4878-3248-8554 v1
Ordinance No. 1753 Page 2
Attachment 1