Chapter 2.32
FOREST AND BEACH COMMISSION

Sections:

2.32.010    Establishment of Commission.

2.32.020    Membership and Criteria for Appointment.

2.32.030    Appointment Process.

2.32.040    Termination of Members.

2.32.050    Bylaws, Policies, Rules and Procedures.

2.32.060    Duties, Responsibilities and Authority.

2.32.070    Authority to Expend Funds.

2.32.010 Establishment of Commission.

There is created and established the Forest and Beach Commission of the City of Carmel-by-the-Sea. (Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Ord. 186 C.S. § 1, 1968; Ord. 135 C.S. § 1, 1966; Ord. 110 C.S. § 1, 1964; Ord. 88 C.S. § 1, 1963; Ord. 58 C.S. § 1, 1962; Ord. 26 C.S. § 1, 1960; Ord. 8 C.S. § 1, 1959; Code 1975 § 270.0).

2.32.020 Membership and Criteria for Appointment.

A. The Forest and Beach Commission shall consist of five members, each of whom shall be appointed to serve a four-year term.

B. A two-thirds majority of the members of the Forest and Beach Commission shall be residents of the City, and the remainder may be residents of the City’s sphere of influence.

C. Membership shall be representative of persons who have an interest in, or familiarity with, the City’s parks and open space. (Ord. 2000-05 § 2, 2000; Ord. 95-5 § 2, 1995; Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(a), 1977; Ord. 213 C.S. § 1, 1970; Code 1975 § 270).

2.32.030 Appointment Process.

A. Members of the Forest and Beach Commission shall be nominated by the Mayor, whose nomination shall be ratified by at least three of the five members of the City Council.

B. Terms of the members shall be staggered so that at least one term, but no more than two terms, shall expire annually. Terms of office for new members shall begin at the commencement of the first regular meeting in the month of May of the appropriate year. Terms of outgoing members shall end simultaneously. The newly appointed member(s) shall be sworn in by the City Clerk.

C. In the event an appointment cannot be made in a timely manner, the incumbent may continue to serve until a new member is appointed. (Ord. 2021-01 § 3, 2021; Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 89-3 § 2, 1989; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(b), 1977; Ord. 142 C.S. § 2, 1967; Code 1975 § 281.1).

2.32.040 Termination of Members.

Members of the Forest and Beach Commission shall be terminated only under the following circumstances:

A. The member ceases to be a resident of the City, thereby causing less than a two-thirds majority of the commission to be residents of the City.

B. The member is ill or absent from the City and unable to attend three consecutive regular commission meetings, but fails to so notify either the Chairperson, Vice Chairperson, or the Director of Forest, Parks and Beach.

C. The member, when neither ill nor absent from the City, fails to attend three consecutive regular commission meetings.

D. The member is terminated by a majority vote of the City Council. (Ord. 95-5 § 2, 1995; Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 89-3 § 2, 1989; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(b), 1977; Ord. 142 C.S. § 2, 1967; Code 1975 § 281.1).

2.32.050 Bylaws, Policies, Rules and Procedures.

The Forest and Beach Commission shall adopt or maintain bylaws, policies, rules, and procedures governing parliamentary actions, election of officers and formation of committees. The bylaws shall be filed with the City Clerk. (Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(a), 1977; Ord. 213 C.S. § 1, 1970; Code 1975 § 270.54).

2.32.060 Duties, Responsibilities and Authority.

The Forest and Beach Commission shall have the following duties, responsibilities and authority:

A. To develop, with the Director of Forest, Parks and Beach, a management plan for the urban forest, parks and beach, and to correlate such plan with the City’s General Plan;

B. To consider and act on applications for tree trimming and tree removal and on matters involving construction in which root cutting or root crown coverage is involved;

C. To advise the City Council or other government instrumentalities of the City with respect to specified items of management and technical forestry and beach matters, including the introduction of new species into the urban forest, or the elimination of existing species;

D. To provide publicity in regard to the problems of the urban forest, including a public information program concerning care of forest resources, and including cooperation with school programs on conservation and the like;

E. To encourage gifts, bequests and devises to be made to the City in furtherance of any present or future object or project associated with the commission;

F. To review plans and submit comments to the Planning Commission as requested by the Department of Community Planning and Building;

G. To advise the City Council or other government instrumentalities of the City on the preservation, enhancement, protection and care of the Carmel-by-the-Sea beach and waterfront area;

H. Upon referral from the City Council, to review and recommend to the City Council possible City positions on proposals in the City, the City’s sphere of influence, or any wider area, which impact the natural environment of the area. (Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).

2.32.070 Authority to Expend Funds.

The Forest and Beach Commission may incur indebtedness in the name of and on behalf of the City in furtherance of its objectives; provided, that funds are appropriated, approved, or budgeted by the City Council, in advance, for such purpose. (Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).