ORDINANCE NO. 13-23
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE
ADDING CHAPTER 2.62 TO TITLE 2 OF
THE ORANGE MUNICIPAL CODE
(ADMINISTRATION AND PERSONNEL)
ESTABLISHING A NEW COMMISSION
REGARDING SANTIAGO CREEK
WHEREAS, the Santiago Creek Area is the largest watershed in Orange County and the Santiago Creek watershed covers about 100.6 square miles in northern Orange County. The upper part of the Santiago Creek is generally free-flowing, while the lower section flows through more urban areas including parts of the cities of Orange and Santa Ana (Santiago Creek); and WHEREAS, the waters of Santiago Creek are generally managed by the Orange County Water District, Orange County Flood Control and U.S. Army Corp of Engineers; and WHEREAS, throughout the years, efforts to preserve and enhance the ecological, scenic, historical, and recreational resource of Santiago Creek have been undertaken by the City as well as various groups and organizations; and
WHEREAS, it is the desire of the City Council to formalize the efforts in part by creating a City Commission comprised of volunteers chosen by the City Council to act in an advisory capacity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The Ordinance is not a “project” subject to the provisions of the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15378 because it involves an organizational and administrative activity of the City of Orange that will not result in direct or indirect physical changes in the environment.
SECTION II:
The recitals and findings contained herein are true and correct and incorporated herein.
SECTION III:
Chapter 2.62 (Administration and Personnel – Santiago Creek Commission) is hereby added to the Orange Municipal Code to read as follows:
2 Chapter 2.62 SANTIAGO CREEK COMMISSION
2.62.010 Established.
2.62.020 Powers and Duties.
2.62.030 Appointments and Terms.
2.62.040 Election of Officers.
2.62.050 Regular Meetings.
2.62.060 Special Meetings.
2.62.070 Quorum-Voting.
2.62.080 Absence of Members.
2.62.090 Action by Members-Authority Required.
2.62.100 Communications from the Commission.
2.62.010 Established.
There is established in the City a Santiago Creek Commission consisting of seven members, to further the following goals:
A. Act in an advisory capacity to the City Council for matters pertaining to the Santiago Creek; B. Provide recommendations to the City Council regarding implementation of portions of the Santiago Creek Vision Plan (last updated spring 2018), not including City public parks which are overseen by the Park Planning and Community Events Commission; C. Develop strategies to solicit community and special interest groups’ regular input regarding Santiago Creek and the Santiago Creek Vision Plan;
D. Encourage and support relationships with volunteer and non-profit organizations, and public and private agencies, regarding Santiago Creek.
2.62.020 Powers and Duties.
The Commission shall have the following duties:
A. Advise and make recommendations to the City Council concerning the implementation of the Santiago Creek Vision Plan;
B. Advise and make recommendations to the City Council regarding preservation of public open space adjacent to Santiago Creek;
C. Advise and make recommendations to the City Council regarding any conceptual designs of City owned land adjacent to the Santiago Creek, not including City public parks; D. Perform such other duties as may be prescribed by the City Council as it relates to this Chapter;
E. Make recommendations to the City Council when private property becomes available. 3 2.62.030 Appointments and Terms.
The Mayor may appoint each member of the Santiago Creek Commission subject to City Council ratification. Each Council Member may suggest appointments to the Mayor or may waive said suggestion. The term of office for each member of the Commission shall be four years and thereafter until a successor for the member whose term is expiring has been appointed. In order to provide continuity within the Commission, term expirations will be staggered.
2.62.040 Election of Officers.
The Commission shall elect at its first meeting of the calendar year, from its members, a Chairperson and a Vice Chairperson. The terms of office for these officers shall be one year.
2.62.050 Regular Meetings.
The Commission shall meet in regular session on dates and at times to be determined from time to time by resolution of the City Council. All meetings shall be open to the public, and the Brown Act shall apply.
2.62.060 Special Meetings.
A special meeting may be called by the Chairperson or upon written request of at least four members.
2.62.070 Quorum-Voting.
A majority of at least four members shall constitute a quorum. A majority vote of the members present (at least 4 members, vacancies shall not count toward establishing a quorum) shall be required to carry a motion; provided, however, that all recommendations to the City Council must have the approval of at least four members.
2.62.080 Absence of Members.
Absence from three consecutive meetings without formal notice to the Commission will be deemed to constitute the resignation of such member, and the position declared vacant. In the event of a vacancy, either by because of absence or otherwise, may be filled by the Mayor subject to ratification by the City Council.
2.62.090 Action by Members-Authority Required.
No member shall take any action or make any statement committing the Commission unless given express authority to do so by a majority vote of the Commission’s entire seven members.
2.62.100 Communications from the Commission.
A. All recommendations of the Commission to the City Council for its consideration and action shall be transmitted in writing.
4 B. All other written communications from the Commission shall be sent with the signature of the Chairperson of the Commission.
SECTION IV:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION V:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this ____ day of ___________________, 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ASTAIN: COUNCILMEMBERS:
5 Pamela Coleman, City Clerk, City of Orange