ORDINANCE NO. 06-24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING VARIOUS
SECTIONS IN TITLES 1 AND 2 OF THE ORANGE
MUNICIPAL CODE TO DELETE OUTDATED
LANGUAGE, UPDATE REFERENCES TO CONFORM
WITH CURRENT LAW AND CODE PROVISIONS,
AND ACHIEVE INTERNAL CONSISTENCY.
WHEREAS, the Orange Municipal Code requires updates, from time to time, to reflect current administrative or operational procedures adopted by the City; and
WHEREAS, the changes proposed update the Code to delete outdated language, update references to conform with current law and code provisions, achieve internal consistency and otherwise capture general language clean-up.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
1. The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.
2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding the Zoning Code administrative amendments, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.
SECTION II:
Sections 1.04.070 of the Orange Municipal Code, “General Provisions – Reference to Code Applies to Amendments” and 1.04.130 “General Provisions – Definitions” are hereby amended to read as follows:
1.04.070 – Reference to Code Applies to Amendments.
Whenever a reference is made to any portion of this code, or to any ordinance of this City, the reference applies to all amendments.
2 1.04.130 – Definitions
"City" means the City of Orange.
"Council" means the City Council of this City.
"County" means the County of Orange.
"Oath" includes affirmation.
The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance, respectively, of the City.
"Owner" applied to a building or land includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.
"Person" includes any person, firm, association, organization, partnership, or corporation.
"State" means the State of California.
"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which may have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of thi s state.
"Tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
SECTION III:
Section 1.08.020 of the Orange Municipal Code, “General Penalty – Violation Deemed Nuisance – Abatement,” is hereby amended to read as follows:
1.08.020 – Violation Deemed Nuisance—Abatement.
In addition to the penalties provided in Section 1.08.010, any condition caused or permitted to exist in violation of any of the provisions of this code, state, or federal law, shall be deemed a public nuisance and may be summarily abated in a manner provided by law, and each day such condition continues shall be regarded as a new and separate offense. Any cost or expense to the City of Orange to abate any nuisance or nuisances shall constitute a lien against the property on which said nuisance or nuisances are located or maintained and such cost or expense of abatement by the City shall also be a personal obligation against the property owner. The cos t to the City of abatement of any nuisance on a parcel of land shall constitute a special assessment against that parcel and may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
3 SECTION IV:
Section 1.10.050 of the Orange Municipal Code, “ Administrative Citations – Administrative Citation – Violation,” is hereby amended to read as follows:
1.10.050 – Administrative Citation – Violation.
A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a code violation, as defined in this chapter, that does not create an immediate danger to health or safety may first be issued a n otice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. An administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a 12-month period.
1. Each and every day a violation of the code exists constitutes a separate and distinct offense.
2. Any person or responsible person violating any provisions of the code is subject to being issued an administrative citation by any officer or official from that department.
3. Administrative fine(s) shall be assessed by means of an administrative citation issued by the officer or official and shall be payable directly to the City or its agent.
4. Fine(s) shall be assessed in the amounts specified in Section 1.10.080.
5. Every person or responsible person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, excluding violations of any nonobjective design or aesthetic standard imposed by discretionary review, they may be issued an administrative citation and be liable for fine(s) under the provisions of this chapter.
6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the code.
7. Obligation to Correct Violation(s). Nothing in this chapter shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.
4 B. Building and Safety Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a code violation pertaining to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines.
Notwithstanding the provisions of this chapter, any person or responsible person may be issued a first administrative citation if the violation continues after the correction period has expired.
1. The person or responsible person issued a notice of violation for a building violation may request an extension of the correction period, provided that a request is filed with the Building Official before the correction period ends. The Building Official m ay, in their discretion, grant a reasonable extension of the time period to correct the violation, if the person or responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period indicated on the notice of violation. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter.
2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 10.090(A). A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation.
The fourth and subsequent violation of the code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080(B).
3. Obligation to Correct Violation(s). Nothing in the code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.
SECTION V:
Section 1.14.140 of the Orange Municipal Code, “ Administrative Citations – Procedures at Administrative Hearing,” is hereby amended to read as follows:
1.14.140 – Procedures at Administrative Hearing.
A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.
5 B. The hearing officer shall only consider evidence that is relevant to whether the person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of the code or other applicable state or county code on the date(s) specified in the administrative citation.
C. The person appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
D. Except as set forth in § 1.10.150 below, t he failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person's rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.
E. The administrative citation and any additional documents submitted by the officer or official shall constitute prima facie evidence of the respective facts contained in those documents.
F. If the officer or official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least five days prior to the date of the hearing.
G. At least 10 days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation(s), report(s) and any other document(s) submitted or relied upon by the officer or official. No other discovery is permitted. F ormal rules of evidence shall not apply.
H. The hearing officer may continue the hearing and request additional information from the officer or official, and/or the recipient of the administrative citation prior to issuing a written decision.
SECTION VI:
Section 2.04.040 of the Orange Municipal Code, “Administration and Personnel – Mayor Duties,” is hereby amended to read as follows:
2.04.040 – Mayor Duties.
The presiding officer of the Council shall be the Mayor. The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council. They shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. They shall vote on all questions, their name being called last. They shall sign all ordinances and resolutions adopted by the Council during their presence. They shall handle all publicity to the press and public involving matters under control of the City Council and which have not been delegated to the City Manager. They shall appoint such committees as they deem necessary and 6 expedient for carrying out the policies of the City. They shall act as local Director of Civil Defense.
In the event of the absence of the Mayor or in the event the Mayor is unable to act, the Mayor pro tempore shall serve until the Mayor returns or is able to act. The Mayor pro tempore shall have all of the powers and duties of the Mayor.
SECTION VII:
Section 2.04. 170 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Permission Required,” is hereby amended to read as follows:
2.04.170 – Addressing the Council – Methods.
A. Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion.
B. Oral Communications. Taxpayers or residents of the City, or their authorized legal representatives, may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control; provided, how ever, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak in order that the same may appear on the meeting minutes of the Council.
C. Reading of Protests, Etc. Interested persons or their authorized representatives may address the Council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration.
SECTION VIII:
Section 2.04.1 90 of the Orange Municipal Code, “Administration and Personnel – Addressing the Council – Manner—Time Limit,” is hereby amended to read as follows:
2.04.190 – Addressing the Council – Manner-Time Limit.
Each person addressing the Council shall step up (to the microphone ), may state their name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit their address to two minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No perso n, other than the Council, and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Council Member except through the presiding officer.
SECTION IX.
Section 2.04. 260(B) of the Orange Municipal Code, “ Administration and Personnel – Appointment of Hearing Officer by City Council,” is hereby amended to read as follows:
7 2.04.260 – Appointment of Hearing Officer by City Council.
B. Any hearing officer so appointed shall hold such hearing within the same time, manner, and notice of such hearing shall be given in the same manner as would otherwise apply had the hearing been held by the City Council.
SECTION X.
Section 2.08.040 of the Orange Municipal Code, “Administration and Personnel – City Council Compensation– Prospective Application,” is hereby amended to read as follows:
2.08.040 – Prospective Application.
Notwithstanding the provisions contained in California Government Code Section 36516.5, salary benefits shall apply to a member of the City Council who begins a new term in office as a member of the City Council after September 10, 2021.
SECTION XI.
Section 2.10.040 of the Orange Municipal Code, “Administration and Personnel – Campaign Reform – Definitions,” is hereby amended to read as follows:
2.10.040 – Definitions.
"Appointed City Official" means any person who is an appointed member of a City Board, Commission or Committee.
"City Candidate" means any person who is or was a candidate for Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.
"City Candidate Committee" means the controlled committee of a City Candidate for the office of Mayor, member of the City Council, City Clerk or City Treasurer of the City of Orange.
"Contribution(s)" means money, in kind services, goods, extensions of credit, certain loans or other things of value and as is further defined in the Political Reform Act of 1974 and Title 2, California Code of Regulations, Section 18530.7.
"Elective City Officer" means any person who is Mayor, a member of the City Council, City Clerk, or City Treasurer of the City of Orange, whether appointed or elected.
SECTION XII:
Section 2. 11.010 of the Orange Municipal Code, “ Administration and Personnel – Electronic Filing – Electronic Filing of Campaign Statements and Statements of Economic Interests,” is hereby amended to read as follows:
8 2.11.010 – Electronic Filing of Campaign Statements and Statements of Economic Interests.
Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contrib utions totaling less than $2,000.00, and makes expenditures totaling less than $2,000.00 in a calendar year, shall file those statements, reports, or other documents online or electronically using software specified by the Director of the City Clerk Services.
A. Any person holding a position listed in Government Code Section 87200 or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk.
B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not requ ired to, file the copy electronically.
C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.
SECTION XIII:
Section 2.15.020 of the Orange Municipal Code, “Administration and Personnel – Gifts to Public Officials – Definitions,” is hereby amended to read as follows:
2.15.020 – Definitions.
For the purposes of this chapter:
A. "City" means the City of Orange.
B. "City officer" means every person who is elected or appointed to an office in the City which is specified in Section 87200 of the California Government Code.
C. "Designated employee" means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interests and every member of a board or commission under the jurisdiction of the City Council required to file such a statement.
D. "Doing business with the City" means:
1. Seeking the award of a contract or grant from the City; or 9 2. Having sought the award of a contract or grant from the City in the past 12 months; or
3. Being engaged as a lobbyist or lobbyist firm, as defined in this section, from the time of such engagement until 12 months after the award of the contract, grant, license (excepting a business license), permit, or other entitlement for use, which was the s ubject of the engagement; or
4. Having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed; or
5. Seeking, actively supporting, or actively opposing the issuance, by the City, of a license (excepting a business license), permit or other entitlement for use, or having done any of these things within the past 12 months.
E. "Gift" shall have the meaning it is defined to have in the California Political Reform Act, Government Code § 82028, as amended, and the regulations issued pursuant to that Act.
The following items shall be deemed to be additional exceptions to the definition of "Gift":
1. Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of $50.00 or less during any 12 month period.
2. Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility.
3. Food and beverage such as coffee, donuts, etc., with a unit value of less than five dollars.
4. Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50. 00 from any single source in any calendar year.
5. A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official.
6. Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City of Orange within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation.
7. Hospitality (including food, beverages, or occasional lodging) provided by an individual in his or her home when the individual or a member of the individual's family is present, to a public official.
10 F. "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law.
G. "Lobbyist firm" shall mean: (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a City officer or staff member of a City Council Member for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use; or (2) any business entity of which any member or employee is a lobbyist.
H. "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in Section 2.15.020(F) or Section
2.15.020(G).
I. An "individual" or "business entity" shall be deemed to be employed or contracting to communicate directly with a City officer, or staff member of a City Council Member, if it is reasonably foreseeable that in the course of employment or in the course of perf orming the contract the individual, or an employee of the entity, will have communications with any City officer or staff member of a City Council Member outside of any meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with Section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use.
J. An "individual lobbyist" who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this section on the first occasion on which he or she engages in communications described in Section 2.15.020(I). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal, shall be deemed to be "engaged" within the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in Section 2.15.020(F) or Section
2.15.020(G).
K. "Public official" means every City officer and every designated employee.
SECTION XIV:
Section 2.16.020 of the Orange Municipal Code, “ Administration and Personnel – City Manager – Duties” and Section 2. 16.070 of the Orange Municipal Code, “ Administration and Personnel – City Manager – Removal of City Manager,” are hereby amended to read as follows:
11 2.16.020 – Duties.
The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. They shall be responsible for the efficient administration of all the affairs of the City which are under their control. In addition to their general powers as administrative head and not as a limitation, it shall be their duty and they shall have the power to:
A. Appoint competent, qualified officers and employees to the administrative service and to dismiss, suspend and discipline all officers and employees in the administrative service under his or her control; they shall also have the power to authorize a department head, or officer responsible to them, to appoint and remove subordinates serving under that department head or officer; no department head shall be appointed or removed until the City Manager has first reviewed such appointment or removal with the City Council in executive session and received approval for such appointment or removal;
B. Designate themselves or some other officer or employee to perform the duties of any office or position in the administrative service under his or her control which is vacant or which lacks administration due to the absence or disability of the incumbent;
C. Prepare and present to the Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the Council shall require. The report may be integrated into the annual budget report;
D. Assemble estimates of the financial needs and resources of the City for each ensuing year, and prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses;
E. See that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed;
F. Attend all meetings of the City Council unless excused therefrom by the City Council, except when their removal is under consideration by the City Council;
G. Recommend to the City Council for adoption such measures and ordinances as they deem necessary or expedient;
H. Keep the City Council at all times fully advised as to the financial conditions and needs of the City; make such other reports and recommendations as may be desirable or as requested by the City Council;
I. Purchase or cause to be purchased by some officer designated by them all supplies and equipment for all of the departments or divisions of the City; all purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance;
12 J. Provide staff services relating to the development and implementation of programs and plans for economic development and redevelopment activities which stress improving the City's tax base and increasing, improving and preserving the community's supply of low and moderate-income housing;
K. Administer development projects located in designated redevelopment project areas and affordable housing projects located within the City;
L. Provide services to developers and investors to assist in facilitating development and the provision of affordable housing or to encourage new development consistent with City goals and objectives;
M. Exercise any other powers regarding community and economic development which the City Council may desire to delegate subject to such conditions as may be imposed by the City Council; and
N. Serve in any appointed office within the City government to which they may be qualified when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council; perform such other duties and exercise such other powers as may be delegated to them from time to time by ordinance or resolution or other action by the City Council.
2.16.070 – Removal of City Manager.
A. Vote Required. The removal of the City Manager shall be only upon a majority vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of the City Manager's intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention. The effective date of the City Manager's removal shall be as shown upon the written notice.
B. Hearing. Within seven days after the delivery to the City Manager of such notice he or she may, by written notification to the City Clerk, request a hearing before the City Council.
Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard.
C. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his or her grounds of opposition to his or her removal.
D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability 13 of the City Manager in the performance of the powers and duties of his or her office. After the expiration of the 90 day period aforementioned, the provisions of §2.16.070 as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of violation of any law which would bring disrepute upon his or her office or has committed any acts of dis honesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council without hearing.
SECTION XV:
Section 2. 20.060(A) of the Orange Municipal Code, “ Administration and Personnel – Administrative Service – Office Hours – Deposit and Payment of Money,” is hereby amended to read as follows:
2.20.060 – Office Hours – Deposit and Payment of Money.
A. Office Hours. All public offices of the City, with the exception of the Police Department, the Fire Department, the Water Division, and the City Library, shall be closed upon the holidays as follows:
1. Every Saturday;
2. Every Sunday;
3. New Year's Day (January 1);
4. Presidents’ Day (third Monday in February);
5. Memorial Day (last Monday in May);
6. Independence Day (July 4);
7. Labor Day (first Monday in September);
8. Veterans' Day (November 11);
9. Thanksgiving Day;
10. Day after Thanksgiving;
11. One-half day before Christmas, if December 24th falls on a Monday through Thursday;
12. Christmas Day (December 25);
13. With the approval of the City Manager, holidays and days of mourning, etc., which are decreed by the Mayor, the Governor of the State, or the President of the United States of America.
14 SECTION XVI:
Section 2. 22.010 of the Orange Municipal Code, “ Administration and Personnel – Department of Law – Composition – Duties,” is hereby amended to read as follows:
2.22.010 – Composition – Duties.
The Department of Law shall be supervised by the City Attorney, who is appointed by the City Council. The removal of City Attorney shall be only upon a majority vote of the whole Council of the City at a regular Council meeting; subject, however, to the following provisions: In case of the intended removal by the City Council, the City Attorney shall be furnished with the written notice stating the City Council's intention to remove said City Attorney. The effective date of such removal shall be shown upon the written notice. Within seven days after the delivery to the City Attorney of such notice, said City Attorney may, by written notification to the City Manager, request a hearing by the City Council. Thereafter, the City Council shall choose a time for the hearing which shall be held at its usual meeting place and at which the City Attorney shall appear and be heard. In removing the City Attorney, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpos e of which hearing is to allow the City Attorney to present to said City Council the grounds of opposition to such removal. The City Attorney shall enforce all laws and act to protect the interests of the City and shall:
A. Advise Council. Advise the Council or its committees of any City officer, when thereto requested, upon all legal questions arising in the conduct of City business;
B. Prepare Ordinances. Prepare or revise ordinances or resolutions when so requested by the Council or any committee thereof. When the City Manager and City Attorney agree there is an emergency situation, prepare ordinances, resolutions or other documents for consideration by the Council;
C. Give Opinions. Give his or her opinion upon any legal matter or questions submitted to him or her by the Council, or any of its committees, or by any City officer;
D. Attend Meetings. Attend all Council meetings in their entirety for the purpose of giving the Council any legal advice requested by its members;
E. Prepare Legal Instruments. Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City;
F. Prosecute Offenders. When authorized by the Council, prepare all charges and complaints and appear in the appropriate court, in the prosecution of every person charged with the violation of a City ordinance;
G. Immediate Report of Decision. Immediately report the outcome of any litigation in which the City has an interest to the City Council and City Manager; 15 H. Control Legal Services to Council Action. Have charge of all legal services which are provided on behalf of the City and the Council;
I. Keep Records—Suits. Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.
SECTION XVII:
Section 2.28 of the Orange Municipal Code, “Department of Records,” is hereby amended to read as follows:
2.28 DEPARTMENT OF CITY CLERK SERVICES.
2.28.010 – Members.
The Department of City Clerk Services shall consist of an elected City Clerk and a Director of City Clerk Services, along with other supporting staff.
2.28.020 – Elected City Clerk – Generally.
A. The elected City Clerk shall perform those functions required by State law.
B. The elected City Clerk shall receive as compensation the sum of $365.00 per month.
C. The elected City Clerk may, pursuant to State law, appoint a Deputy City Clerk. The Deputy City Clerk shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such fund of the City as the City Council shall designate.
2.28.030 – Director of City Clerk Services – Duties.
The Director of City Clerk Services shall be appointed by the City Manager. The Director of City Clerk Services shall p erform duties as defined by California statutes and the code. The Director of City Clerk Services shall be responsible for overseeing the Department of City Clerk Services, managing administration, elections, records, and legal compliance. Responsibilities include budget management, personnel oversight, interdepartmental coordination, election planning, records preservation, public communication, and administrative function s.
2.28.040 – Director of City Clerk Services – Removal.
The Director of City Clerk Services shall serve at the pleasure of the City Manager. Unless otherwise provided for by law, the Director of City Clerk Services may be removed at any time, with or without cause, at the sole discretion of the City Manager.
16 2.28.050 – Director of City Clerk Services – Compensation.
The Director of City Clerk Services shall receive such compensation and expense allowance as the City Council shall from time to time determine and said compensation and expenses shall be a proper charge against such funds of the City as the City Council s hall designate.
SECTION XVIII:
Section 2.42.010 of the Orange Municipal Code, “Administration and Personnel – Department of Community Development – Director – Duties,” is hereby amended to read as follows:
2.42.010 – Director of Community Development – Director –Duties.
The Director of Community Development is responsible for the preparation and/or review of all land use plans and the review of all development for conformance with the City's general plans and zoning ordinance. The Director of Community Development is responsible for the preparation of applications and reports for the Community Development Block Grant program and other federal programs that provide funds for public services, public facilities and improvements, an d affordable housing activities. The Director of Community Development is responsible for the administration of federal and state assisted programs to increase, improve, and preserve the community’s supply of low and moderate -income housing. The functions within the department shall include, but are not limited to:
A. Advanced planning;
B. Current planning; and
C. Building and safety.
2.42.020 – Director of Community Development – Construction.
Section 2. 42.020 of the Orange Municipal Code, “ Administration and Personnel – Department of Community Development – Construction” is hereby deleted in its entirety.
SECTION XIX:
2.46 DEPARTMENT OF ECONOMIC DEVELOPMENT
Section 2.46 of the Orange Municipal Code, “Administration and Personnel – Department of Economic Development” is hereby deleted in its entirety.
SECTION XX:
Section 2.64.010 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Created,” is hereby amended to read as follows:
17 2.64.010 – Planning Commission – Created
There is created a Planning Commission consisting of seven members appointed by the Mayor with the approval of a majority of the City Council. The powers and duties of the Planning Commission shall be defined in §17.08.020(B)(2).
SECTION XXI:
Section 2.72.010 of the Orange Municipal Code, “Administration and Personnel – Public Library – Established,” is hereby amended to read as follows:
2.72.010 – Public Library – Established
A public library is established in the City in accordance with Education Code §18900 et seq. to be operated as provided by state law.
SECTION XXII:
Section 2. 76 of the Orange Municipal Code, “ Administration and Personnel – Public Employees’ Retirement System” is hereby deleted in its entirety.
SECTION XXIII:
Sections 2.80.010 of the Orange Municipal Code, “Administration and Personnel – Enforcement of the Orange Municipal Code – Code Enforcement Personnel” and 2.80.020 of the Orange Municipal Code, “Administration and Personnel – Enforcement of the Orange Municipal Code – Reinspection Fee,” are hereby amended to read as follows:
2.80.010 - Enforcement of the Orange Municipal Code –Enforcement
The City Manager, City Attorney, Police Chief, Fire Chief, Director of Community Development, Director of Public Works, and Director of Community Services may delegate in writing the Code to a person or person employed by a company contracted to provide enforcement services. A person may have th e power and authority, pursuant to California Penal Code Section 836.5 or as may be amended, or any other applicable City or state law, including but not limited to investigating violations of the Code, enforcing parking violations, arresting persons, preparing, issuing, delivering to any such arrested person wr itten notice to appear in court, releasing such person from custody upon receiving that person's written promise to appear in court, and issuing citations in lieu of such arrest.
2.80.020 - Enforcement of the Orange Municipal Code – Reinspection Fee.
Each person who has received a notice of violation or citation for violation of any of the applicable provisions of this code and who has failed or refuses to comply with the applicable section(s) of this code within the time and manner specified in such n otice of violation or citation, shall pay a 18 reinspection fee for each inspection conducted by a City code enforcement officer or authorized person when it is determined that the noncompliance still exists. Such fee shall not exceed the estimated cost of the reinspection and shall be in an amount as set forth by resolution of the City Council. Any fees imposed under this section shall be in addition to any fines, fees or other penalties that may be imposed. The amount of any fee(s) imposed shall be deemed a civil debt due and owing to the City that is collectible in any manner allowed by law.
SECTION XXIV:
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 XXV:
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 , 2024.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
19 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 _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 20 24 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