ORDINANCE NO. 1775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11 TO FINALIZE THE DISTRICT MAP AND BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3) WHEREAS, the City of San Clemente, California (“City”) is a general law city, duly organized under the Constitution and laws of the State of California; and WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 transitioning from an at-large election system to by-district elections; and WHEREAS, November 7, 2023 was the last regular City Council meeting before the expiration of one of the safe harbors under the California Voting Rights Act (CVRA) and if the City had not adopted Ordinance No. 1762 at that meeting, the City would have faced increased litigation and damages exposure; and WHEREAS, the City had previously requested an extension of the deadlines under the CVRA from the attorney for the plaintiff who had threatened to sue the City under the CVRA and such extension request was denied; and WHEREAS, during public testimony at the November 7, 2023 public hearing, it was brought to the City Council’s attention that the district map up for second reading and adoption (Map 109, which was a map drawn by a member of the public) did not accurately reflect the Pier Bowl Specific Plan (a community of interest) and following discussion, the City Council directed staff to return with an amendment to the map to include the neighborhoods in the Pier Bowl with Trafalgar Canyon as the boundary for District 3; and WHEREAS, the City Council, while being aware of the error, adopted Map 109 on November 7, 2023 in order to stay within the safe harbor provisions of California Elections Code § 10010(e)(3)(B), and avoid exposure to litigation; and WHEREAS, when it adopted Ordinance No. 1762, the City Council stated its intent that the error in the boundary of the Pier Bowl should be corrected after map adoption; and WHEREAS, the Pier Bowl is a community of interest and having the entire Pier Bowl Specific Plan area in the same district is consistent with the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act and the California Voting Rights Act (CVRA); and WHEREAS, the Pier Bowl community of interest can be united without substantially affecting the populations of the new districts or the intent of Map 109; and WHEREAS, dividing the Pier Bowl community of interest exposes the City to potential litigation under the FAIR MAPS Act; and WHEREAS, adjusting the boundary between Districts 3 and 4 to Trafalgar Canyon would unite a community of interest into a single district for its fair and effective representation, would align the boundary between District 3 and District 4 with the Pier Bowl Specific Plan and the natural boundary of that specific plan, would not substantively affect the populations in those districts, the eligibility of candidates, or the residence of elected officials within any district, is a technical adjustment that the City Council expressly stated and intended be made when it adopted Ordinance No. 1762, is consistent with and furthers the purposes of the CVRA and the FAIR MAPS Act, and is in the best interests of the public; WHEREAS, on March 19, 2024, the City Council directed staff to return with this Ordinance to make the final adjustment to the district map; and WHEREAS, the final adjustment to the district map was published as "Map 120" and was made available for public review.
NOW, THEREFORE, the City Council of the City of San Clemente, California, does ordain as follows:
Section 1: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11 AMENDED San Clemente Municipal Code section 2.04.11 is hereby amended to replace Exhibit A (Map 109) with Exhibit A (Map 120) attached hereto and incorporated into this Ordinance fully by this reference.
Section 2: 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 3: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes in a legal manner.
Section 4: 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.
Section 5: IMPLEMENTATION
If necessary to facilitate the implementation of this Ordinance, the City Clerk 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 Clerk 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 6: CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.
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. 1775 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
Ordinance No. 1775 Page 2 Attachment 1