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HomeMy WebLinkAbout2023-09-12; City Council; CS-452; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C ARLSBAD, CALIFORNIA, ADDING CHAPTER 2.34 BEACH PRESERVATION COMMISSION TO THE CARLSBAD MUNICIPAL CODEORDINt\N_Cf NO. CS--452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING CHAPTER 2.34 BEACH PRESERVATION COMMISSION TO THE CARLSBAD MUNICIPAL CODE WHEREAS, on August 27, 1985, the City Council adopted Resolution No. 8159 est ablishing the Beach Erosion Committee for the purpose of creating a report on beach erosion; and WHEREAS, on June 10, 1986, the City Council adopted Resolution No. 8596 establishing the Beach Erosion Committee as an advisory body to the City Council to remain in existence to rend er research activities, informational reports, and support to the city on beach erosion topics; and WHEREAS, on May 6, 2003, the City Council adopted Resolution No. 2003-120 changing the name of the Beach Erosion Committee to the Beach Preservation Committee and expanding the purview of the committee from strictly evaluating the effects of coastal erosion to a more encompassing view of shoreline preservation; and WHEREAS, on January 14, 2020, the City Council adopted Resolution No. 2020-009 changing the name of the Beach Preservation Committee to the Beach Preservation Commission; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and commissions; and WHEREAS, all other city commissions currently in existence were established by ordinance of the City Council; and WHEREAS, adding a chapter to the Municipal Code establishing the Beach Pre servation Commission is consistent with all other city commissions and with the intention of the City Council at the time it adopted Chapters 1.20 and 2.15, and allows the City Council to enumerate the current functions of the commission; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That Carlsbad Municipal Code is amended by the adoption of Chapter 2.34 Beach Preservation Commission to read as follows: Sections: 2.34.010 Created. 2.34.020 Membership. 2.34.030 Duties. CHAPTER 2.34 BEACH PRESERVATION COMMISSION 2.34.040 Powers delegated to commission to be advisory. 2.34.010 Created. A Beach Preservation Commission for the city is established. 2.34.020 Membership. The Beach Preservation Commission shall consist of seven members appointed pursuant to Section 2.15.0S0(B). 2.34.030 Duties. The Beach Preservation Commission shall investigate, research, and make recommendations to the City Council and the City Manager on general coastal topics, studies, and programs including but not limited to, the following : A Protecting and enhancing the shoreline (e.g., littoral cells, and sea level rise); B. Preventing beach erosion; and C. Preserving and maintaining beaches for the safety and optimum enjoyment of the public. 2.34.040 Powers delegated to commission to be advisory. Nothing in this chapter shall be construed as restricting any of the powers of the City Council, or as a delegation to the Beach Preservation Commission of any of the authority or discretionary powers vested and imposed by law in the City Council. The City Council declares that the public interest, convenience and welfare require the appointment of a Beach Preservation Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2023, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. ABSTAIN : None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ~ k.. f--'\~'-"\ ~ CINDIE K. McMAHON, City Attorney ~r l KEITH BLACKBURN, Mayor (la_ SHERRY FREISINGER, City Clerk (SEAL) \,,1111111111111,,,, ~,,, G CA ,,,~ # O'" Ff 1. '''1,11,1 ~ .......... \S'~ (o(m~. ····• ... \t\ ~ .~~ ?:.,A, ~ ~ .... ~w.♦--¾ c(<"'\" ...... ....-J '1,1 41.. ···········~, .. ~ '111111, IF0~~\,,,-1' 1111111111111111111'