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 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 (generally the “Santiago Creek Area1”); 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 the Santiago Creek serves as regional flood control facility and groundwater replenishment source; and
WHEREAS, planning documents such as the Lower Santiago Creek Specific Plan, the Santiago Creek Greenway Study, the Orange Greenbelt Committee, the Santiago Creek Greenbelt Plan and the Santa Ana River/San tiago Creek Greenbelt Implementation Plan, (“Santiago Creek Plans”) include a “vision” for the Santiago Creek Area; and
WHEREAS, the Orange Park Acres Specific Plan (1973) and the East Orange General Plan (1975) were adopted by the City Council and include a “vision” for the Santiago Creek Area; and
WHEREAS, the community has been participating in various committees dating back to the 1970s regarding the Santiago Creek Area.; and
WHEREAS, efforts to preserve and enhance the ecological, scenic, historical, and recreational resource of the Santiago Creek Area have been undertaken at various times over the years, by the City as well as various residents, groups and organizations; and
WHEREAS, it is the desire of the City Council to create a Santiago Creek Commission to act in an advisory role to City Council . The Santiago Creek Commission will have the autonomy to identify general policy ideas and goals to preserve and enhance the ecological, scenic, historical, and recreational resources of Santiago Creek . T he Commission will not have authority or jurisdiction over private property or development including permitting, or making legislative or adjudicatory decisions, quasi or otherwise.
1 For purposes of this Chapter, the phrase “Santiago Creek Area” shall mean Santiago Creek area within the City of Orange.
2 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:
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 act in an advisory capacity and provide recommendations and general advice to City Council regarding topics concerning the Santiago Creek Area, including but not limited to the following:
A. Preservation and/or enhancement of the ecological, scenic, historical, and recreational resource of Santiago Creek Area, excluding private property and parks;
B. Develop and support relationships with volunteer and non -profit organizations and public and private agencies, interested in the Santiago Creek Area;
C. Listen to and consider community input regarding the Santiago Creek Area.
3 2.62.020 Duties.
The Commission shall have the following duties:
A. Advise and make recommendations to the City Council concerning the implementation of public projects in/along the Santiago Creek Area;
B. Advise and make recommendations to the City Council concerning implementation of the Santiago Creek Plans for the Santiago Creek Area with regard to public property;
C. Advise and make recommendations to the City Council regarding preservation/enhancements of public open space within the Santiago Creek Area;
D. Advise and make recommendations to the City Council on the acquisition of private property if/when it becomes available;
E. Perform such other duties , or refrain from performing duties as may be prescribed by the City Council by minute action, and without amending this Chapter;
F. The Commission shall not advise or make recommendations, investigate, take public comment or input or act in any public capacity with regard to development of private property in the City. The Commission will not have authority or jurisdiction over private property development including permitting, or legislative or adjudicatory decisions, quasi or otherwise;
G. This Chapter shall not apply to City public parks, private property or waters of the Santiago Creek.
2.62.030 Appointments and Terms.
The Mayor , with approval of the City Council , will appoint each member of the Santiago Creek Commission. Each Council Member may suggest one individual appointment to the Commission to the Mayor. 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.
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.
4 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.
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.
5 ADOPTED this ____ day of ___________________, 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Michael J. Vigliotta, City Attorney
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:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange