ORDINANCE NO. 1769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE DISTRICT ELECTION MAP WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 formally transitioning from an at-large election system to by-district elections with four districts and an elected Mayor and selecting Map 109 as the adopted district map; and WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, adopted Map 109 includes certain neighborhoods north of Trafalgar Canyon as part of the Pier Bow in District 3, which are more appropriately included in District 4 as reflected on Map 120; WHEREAS, at its regular meeting of December 5, 2023, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing regarding Map 120; and WHEREAS, Map 120 meets all the requirements of state and federal law and was posted on November 16, 2023 on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance; and WHEREAS, it is the considered the view of the City Council that Map 120, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente.
NOW, THEREFORE, the City Council of the City of San Clemente, California, does hereby ordain as follows:
Section 1: INCORPORATION OF RECITALS.
The above recitals are true and correct and incorporated into this Ordinance as findings.
Section 2: AMENDMENT TO SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE.
Exhibit A (Map 109) to Section 2.04.011 of the San Clemente Municipal Code is hereby stricken in its entirety and replaced by Map 120, which is attached to this Ordinance as Exhibit A and incorporated fully herein by this reference.
Section 3: IMPLEMENTATION
If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
Section 4: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 5: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
Section 6: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.
Section 7: EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of San Clemente shall cause this Ordinance to be published pursuant to the provisions of Government Code § 36933.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California 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 _____________, _______, and said ordinance 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