ORDINANCE NO. 1789
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY WHEREAS, at its meeting and retreat of February 13, 2025, and its regular meeting of March 18, 2025, the San Clemente City Council expressed a desire to modify the Commission and Committee structure, seeking to streamline City services by implementing changes to several of these legislative bodies; and WHEREAS, the Beaches, Parks and Recreation Commission requires modification that would include accepting the full responsibilities of the Coastal Advisory Committee and Arts and Culture Committee, and some functions of the Human Affairs Committee; and WHEREAS, the Public Safety Committee requires modification that would include accepting some responsibilities of the Human Affairs Committee, further specifying the functions and responsibilities of the Committee, and renaming the Committee as the Community Safety and Welfare Committee; and WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting on April 1, 2025, and considered any public input provided at that time; and WHEREAS, updating the SCMC is in the City’s and public’s best interest.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
Section 1: SCMC Chapter 2.28, relating to the Beaches, Parks and Recreation Commission is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).
Section 2: SCMC Chapter 2.29, relating to the establishment and function of the Coastal Advisory Committee, shall be eliminated and is hereby deleted in its entirety. The functional responsibilities of this committee shall be assigned to the Beaches, Parks and Recreation Commission as set forth in Exhibit A.
Section 3: SCMC Chapter 2.40, relating to the function of the Human Affairs Committee, shall be eliminated and is hereby deleted in its entirety. The functional responsibilities of this committee shall be dispersed and assigned to the Beaches, Parks and Recreation Commission, and Public Safety (to be renamed Community Safety and Welfare Committee) as set forth in Exhibits A and B.
Section 4: SCMC Section 2.45.040, relating to the meetings and attendance of the Arts and Culture Committee, shall be amended as follows (strikethroughs indicate deletions and underlines indicate additions):
“2.45.040 - Meetings—Attendance.
The Arts and Culture Committee shall hold meetings bi-monthly (every two months) quarterly (every three 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 Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.” Section 5: SCMC Chapter 2.46, relating to the Public Safety Committee, is hereby modified to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).
Section 6: 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 7: 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
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. 1789 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
EXHIBIT A
Chapter 2.28 BEACHES, PARKS AND RECREATION COMMISSION
2.28.010 Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.
There is established a Beaches, Parks and Recreation Commission which shall consist of seven nine San Clemente citizens appointed by the City Council. At least two of the members shall have a background or technical experience in coastal issues.
2.28.020 Function.
The Beaches, Parks and Recreation Commission's functions and duties are to:
Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways, and coastal issues as identified by the City Council; Make recommendations to the City Council and advise the City Council in matters pertaining to the creation, operation, maintenance, management, and control of community recreation programs, playgrounds, and indoor and outdoor recreations, activities, and facilities; Provide feedback on projects to be considered during the annual budget for parks, beaches, recreation, and parkways during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager; Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein; Evaluate and review park development plans of the City; Serve as a sounding board for citizen input on matters relating to coastal areas adjacent to, or having the ability to affect, the City of San Clemente; Participate in the Social Services Grant Subcommittee by appointing one member of the Commission, by majority vote, no later than December 31 of each year; 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; Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and Perform such other duties as may be prescribed by the City Council.
2.28.030 Beaches, Parks and Recreation Commission—Term of office.
The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three five Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members. No less than 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 Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office.
2.28.040 Meetings—Attendance.
The Beaches, Parks and Recreation Commission 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 Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.
2.28.050 Filling of vacancies—Removal of members.
Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission 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 Beaches, Parks and Recreation Commission 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.
2.28.060 Voting power of members.
The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.
2.28.070 Commission subject to state law, etc.
The Beaches, Parks and Recreation Commission 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.
EXHIBIT B
Chapter 2.46 PUBLIC COMMUNITY SAFETY AND WELFARE COMMITTEE
2.46.010 Establishment of the Public Community Safety and Welfare Committee; composition, appointment of members.
There is established a Public Community Safety and Welfare Committee which shall consist of eight ten members, seven appointed members and three non-voting members. The City Council shall prioritize the appointment of at least five four voting members to be technical professionals with a public safety background (such as a retired police, fire, or marine chief, officer, lifeguard, etc.), if possible, and the remaining three voting-members to be appointed at large, to serve on the Public Community Safety and Welfare Committee.
The Committee shall also consist of one representative of the Orange County Sheriff’s Department (OCSD) to be appointed by San Clemente's Chief of Police Services, one representative of the Orange County Fire Authority (OCFA) to be appointed by San Clemente's Chief of Fire Services, and one representative from the City's Marine Safety Division to be appointed by the City Manager. The OCSD, OCFA, and the Marine Safety Division representatives shall serve as ex-officio, non-voting members. Members of the Public Community Safety and Welfare Committee need not be residents of San Clemente.
2.46.020 Function.
The Public Community Safety and Welfare Committee's functions and duties are to:
Act in an advisory capacity to the City Council in all matters pertaining to public safety, human needs, including homelessness, and public affairs as identified by the City Council; Review performance measures of the City’s public safety personnel, consisting of Police Services, Fire Services, Ambulance Services, Marine Safety, and Park Rangers, and make recommendations to the City Council pursuant to direction provided by the City Council; Develop an annual work plan with specific tasks, goals and objectives for the Committee to accomplish in 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; Participate in the Social Services Grant Subcommittee by appointing one member of the Committee, by majority vote, no later than December 31 of each year; Act as a sounding board for public safety and human needs, including homelessness, within the community; Assess the human affairs needs of the community periodically; Establish a priority list of identified human needs within the City and reassess periodically; 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.
Perform such other duties as may be prescribed by the City Council.
2.46.030 Public Community Safety and Welfare Committee —Terms of Office.
The terms of office of the five members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall be for two years from July 1 to June 30 of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two 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 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 Public Community Safety and Welfare Committee members until successors are appointed by the City Council and assume office.
The OCSD representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCSD at the will of the Chief of Police Services.
The OCFA representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCFA at the will of the Chief of Fire Services.
The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager.
2.46.040 Meetings—Attendance.
The Public Community Safety and Welfare Committee shall hold meetings bi-monthly in accordance with the rules of procedures to be enacted and recorded in a book of official proceedings. A Public Community Safety and Welfare Committee member who was appointed by the City Council who is absent from three consecutive meetings of the Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Community Safety and Welfare Committee to be absent from three (3) consecutive meetings for good cause, shall, as a result, surrender his or her office on the Public Community Safety and Welfare Committee and the office shall be considered vacant.
The OCSD, OCFA and Marine Safety Division representatives to the Public Community Safety and Welfare Committee may be removed from office at the discretion of the Chief of Police Services, Chief of Fire Services, or City Manager, respectively, if he/she is absent from three consecutive meetings, where their attendance is necessary, of the Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Community Safety and Welfare Committee to be absent from three consecutive meetings, where their attendance is necessary, for good cause.
2.46.050 Filling of vacancies—Removal of members.
Any vacancy occurring in the office of a Public Community Safety and Welfare Committee member 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 Public Community Safety and Welfare Committee who is appointed by the City Council shall serve at the pleasure of the City Council and may be removed from office with or without cause by a majority vote of all members of the City Council. The OCSD representative shall serve at the pleasure of the Chief of Police Services and may be removed from office with or without cause at the will of the Chief of Police Services. The OCFA representative shall serve at the pleasure of the Chief of Fire Services and may be removed from office with or without cause at the will of the Chief of Fire Services. The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager and may be removed from office with or without cause at the will of the City Manager.
2.46.060 Voting power of members.
The seven members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall each have one vote on any matter pending before the Committee. The OCSD, OCFA, and Marine Safety Division representatives are non-voting members.
2.46.070 Committee subject to state law, etc.
The Public Community Safety and Welfare Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of any ordinance of the City.
Ordinance No. 1789 Page 2
Attachment 1