AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744
3. E. Orange Grove Ave.
4. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
5. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.
AREA “Z”
1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.
2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.
3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.
4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.
5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.
AREA “AA”
1. Both sides of Ryals Ln. from the West City limit to Bob White Way.
2. East side of Bob White Way between Ryals and Partridge Ln.
3. Both sides of the 200 Block of Renee St.
4. Both sides of Avenida Palmar, from west City limits to N. Thora St.
5. Both sides of Sandpiper Circle.
AREA “AB”
1. Both sides of Mallard Street, from 985 N. Mallard St. to Jackson Ave.
AREA “AC”
1. Both sides of Via Lardo Avenue from Hewes Street to easterly terminus.
AREA “AD”
1. East side of Swidler Place from Chapman Avenue to Almond Avenue.
2. Both sides of Almond Avenue from Swidler Place to Olympia Way. 2556
Exhibit A
AREA “AE”
1. The east side of Parker Street from the southerly property line of 125 N. Parker Street to Maple Avenue.
2. The west side of Paker Street from the southerly property line of 122 N. Parker Street to Maple Avenue.
3. The west side of Pixley Street from the southerly property line of 128 N. Pixley Street to Maple Avenue.
AREA “AF”
1. Both sides of Fairmont Way from La Veta Avenue to Delia Lane.
OPPORTUNITY AREA “1”
1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.
2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.
3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.
4. Both sides of Bedford Rd. between Culver Ave. and La Veta Ave.
5. Both sides of Devon Rd. between Palmyra Ave. and Culver Ave. (permit parking between the hours 4:00p.m. and 9:00a.m.)
6. Both sides of Crest Rd. between Palmyra Ave. and Culver Ave.
Opportunity Area “2”
1. Both sides of Fairway Dr. from Cambridge St. to Tustin St.
2. Both sides of Young Cir. south of Fairway Dr.
3. Both sides of Greenview Dr. south of Fairway Dr.
OPPORTUNITY AREA “3”
1. Wayfield St. between Palm Ave. and Walnut Ave.
2. Palm Ave. between Park Ln. and Wayfield St.
3. Park Ln. between Dana Pl. and Palm Ave.
4. Wayfield Cr. south of Palm Ave.
5. Both sides of Mount Vernon Ave. between Wayfield St. and Le May Ct.
6. Both sides of Park Ln. between Mount Vernon Ave. and Sycamore Ave.
7. Both sides of Martha Ave. east of Park Ln.
8. Both sides of Sycamore Ave. between Wayfield St. and Highland St.
9. Both sides of Highland St. between Sycamore Ave. and south terminus.
10. Both sides of Wayfield St. from Chapman Ave. north to include the cul-de-sac.
OPPORTUNITY AREA “4”
1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N.
Grant St. to Shaffer St.
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Exhibit A
2. Both sides of Trenton Ave., from Shaffer St to Cleveland St.
3. Both sides of Grant St. from Trenton Ave. to the cul-de sac.
OPPORTUNITY AREA “5”
1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.
2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.
3. South side of Meats Ave., from Cambridge St. to Greengrove St. 2558
Exhibit B
EXHIBIT B
The following are descriptions of preemptively established permit parking opportunity areas approved by the City Council and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING OPPORTUNITY AREA “A”
Generally bounded by Lomita Avenue to the north, Cypress Street to the west, Chapman Avenue to the south, and Cambridge Street to the east, as shown in Exhibit C.
OPPORTUNITY AREA “1”
To the north, Opportunity Area “1” is comprised of the area bounded by Sycamore Avenue. To the west, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 57 Freeway.
To the south, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 22 Freeway from the 57 Freeway to Bedford Road, and La Veta Avenue from Bedford Road to Main Street. To the east, Opportunity Area “1” is comprised of the area bounded by, and inclusive of, the east side of Bedford Road from the 22 Freeway to La Veta Avenue; and bounded by, but does not include, Main Street from La Veta Avenue to Sycamore Avenue.
OPPORTUNITY AREA “2”
To the north, Opportunity Area “2” is comprised of the area bounded by, but does not include, the Santiago Creek Bike Trail. To the west, Opportunity Area “2” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 22 Freeway. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, Tustin Street.
OPPORTUNITY AREA “3”
To the north, Opportunity Area “3” is comprised of the area bounded by, but does not include, the Walnut Avenue. To the west, Opportunity Area “3” is comprised of the area bounded by, and inclusive of, Wayfield Street from Walnut Avenue to Palm Avenue and Wayfield Street from Chapman Avenue to the northern terminus of Wayfield Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, Chapman Avenue. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 55 Freeway and Le May Court.
OPPORTUNITY AREA “4”
To the north, Opportunity Area “4” is comprised of the area bounded by, and inclusive of, Trenton Avenue. To the west, Opportunity Area “4” is comprised of the area bounded by the western property line of 331 East Trenton Avenue. To the south, Opportunity Area “4” is comprised of the area bounded by the prolongation of the southern property line of 1411 North Shaffer Street and 1412 North Shaffer Street. To the east, Opportunity Area “4” is comprised of the area bounded by, but does not include, Cambridge Street.
2559
Exhibit B
OPPORTUNITY AREA “5”
To the north, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, the south side of Meats Avenue. To the west, Opportunity Area “5” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Del Mar Avenue and the southern terminus of Greengrove Street. To the east, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Greengrove Street.
OPPORTUNITY AREA “6”
Opportunity Area “6” is generally bounded by Almond Avenue to the north, Cypress Street to the west, Palmyra Avenue to the south, and Shaffer Street to the east, as shown in Exhibit I. 2560
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PETITION AREA
PROPOSED PERMIT PARKING AREA AF
ITEM 4.3 PERMIT PARKING FAIRMONT WAY
SITE SKETCH & PETITION AREA LEGEND: ATTACHMENT 2 - ACTIVATION MAP 2568
Agenda Item
City Traffic Commission
Item #: 4.3. 2/11/2026 File #: 26-0066
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, Deputy Public Works Director/Traffic Engineer FROM: Maria Flores, Assistant Engineer
1. SUBJECT
Request for permit parking on both sides of Fairmont Way from La Veta Avenue to Delia Lane
2. SUMMARY
A request for permit parking on Fairmont Way was made and evaluated in accordance with the City’s Neighborhood Permit Parking Program. The request meets the intent and minimum requirements of the permit parking program and has received the necessary support from affected property owners.
3. RECOMMENDED ACTION
1. Approve the implementation of permit parking on Fairmont Way from La Veta Avenue to Delia Lane.
2. Forward recommendation to City Council for final action.
4. FISCAL IMPACT
None. Implementation involves minimal staff time and minimal expenditures that have already been approved in the City’s operating budget.
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
Background:
A property owner on Fairmont Way submitted a request to initiate the process of permit parking on Fairmont Way. The subject street is outlined and shown on the attached Area Map. In accordance with the City’s Neighborhood Permit Parking Program (NPPP), staff preformed an initial screening of the study area to determine the following:
1. Whether the street is eligible for permit parking; and
2. If so, does said street lie within a City-defined permit parking opportunity area with a streamlined implementation procedure.
Since Fairmont Way qualifies for permit parking but isn’t in a designated permit parking opportunity area, it must meet both the minimum parking occupancy level and receive sufficient support from property owners before a permit parking recommendation can be made. The details of the request City of Orange Page 1 of 2 Printed on 2/5/2026
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property owners before a permit parking recommendation can be made. The details of the request are outlined below.
Parking Occupancy Study:
Staff mapped and counted the number of legal parking spaces for each of the streets in the study area. The proponent provided staff with the days and times when parking demand in the neighborhood was believed to be at its highest. Staff then conducted the parking observations during those reported hours. Based upon the City’s NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. Fairmont Way met the requirement with a 75% parking occupancy.
Petition Result:
Because the parking occupancy met the minimum required threshold on Fairmont Way, petitions were circulated for the residents on the street. The petition letter and a list of permit parking advantages and disadvantages were provided by the Traffic Division to each resident property owner on the street. The table below shows the results of the neighborhood polling.
Affected Street Household In Favor Household Opposed Unreturned Fairmont Way 11 79% 0 0% 3 21%
The results of the petition process indicated that Fairmont Way meets the required minimum 75% of property owners in favor of the permit parking program.
Findings:
Since the level of parking demand and stakeholder support meets the minimum requirements under the City’s NPPP, permit parking is recommended.
The following should be kept in mind:
1. Under the NPPP, property owners on any adjacent street experiencing spillover may request to initiate permit parking within a year without having to pay the application fee. Parking occupancy, petition thresholds, and other requirements in effect at the time will still apply.
2. Any vehicle parking in a designed parking-by-permit area without a permit is subject to citation. Parking permits do not supersede the street sweeping restrictions in the neighborhood.
7. ATTACHMENTS
· Letter of Request
· Area Map
· Site Sketch & Petition Area Map
· Notification Letter
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LEGEND:
AREA MAP
ITEM 4.3 PERMIT PARKING FAIRMONT WAY
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City of Orange
City Traffic Commission
February 11, 2026
MINUTES - DRAFT
The Traffic Commission of the City of Orange, California convened on Wednesday, February 11, 2026, at 5:30 p.m. for a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, California.
1. OPENING/CALL TO ORDER
Chair Feliz called the meeting to order at 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
Commissioner Sean Chavarria led the flag salute.
The meeting was paused at 5:31 p.m. due to technical issues and resumed at 5:51 p.m.
1.2 ROLL CALL
Present: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz
Absent: None
2. PUBLIC COMMENTS
None.
3. APPROVAL OF MINUTES
3.1. Approval of minutes of the City of Orange Traffic Commission Regular Meeting held on December 10, 2025
A motion was made by Vice Chair Ricci, seconded by Commissioner Chavarria, to approve minutes as presented. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz Noes: None
Absent: None
4. NEW BUSINESS
4.1. Proposed installation of rectangular rapid flashing beacons on White Oak Ridge approximately 260 feet east of Deep Spring Road
Transportation Analyst Jose A La Torre provided a brief staff report utilizing a PowerPoint Presentation.
A motion was made by Vice Chair Ricci, seconded by Commissioner Chavarria, to approve rectangular rapid flashing beacons on White Oak Ridge approximately 260 feet east of Deep Spring Road. The motion carried by the following vote:
Draft
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City Traffic Commission Minutes - Draft February 11, 2026 Ayes: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz Noes: None
Absent: None
4.2. 3-hour time-limited parking on the north side Katella Avenue, adjacent to the commercial frontage of 1249 E. Katella Avenue (APN: 375-461-48) Transportation Analyst Jose A La Torre provided a brief staff report utilizing a PowerPoint Presentation.
The Commission considered the request for time-limited parking and discussed related concerns in the area. Staff provided clarification on the various types of time-limited parking that have been implemented historically based on land use needs.
A motion was made by Chair Feliz, seconded by Commissioner Hamilton, to: 1.
Approve installation of 3-hour parking on the north side of Katella Avenue, adjacent to the commercial frontage of 1249 E. Katella Avenue. 2. Adopt Resolution TC 01-2026.
A Resolution of the Traffic Commission of the City of Orange for the Establishment of 3-Hour Time-Limited Parking on the North Side of Katella Avenue, Adjacent to the Commercial Frontage of 1249 E. Katella Avenue (Assessor Parcel Number 375-461-48). The motion carried by the following vote:
Ayes: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz Noes: None
Absent: None
4.3. Request for permit parking on both sides of Fairmont Way from La Veta Avenue to Delia Lane
Assistant Engineer Maria Prado provided a brief staff report utilizing a PowerPoint Presentation.
The Commission inquired about available mechanisms to address concerns about potential spillover of permit parking into adjacent streets. Staff clarified that a program is available allowing residents impacted by spillover to apply for permit parking without paying the application fee.
Public Speakers
Garrett Terlaak and Rachael Fedden spoke in favor.
Mark Rosales spoke in favor but expressed concerns regarding potential spillover of vehicles onto Delia Lane.
Anna Illif spoke in opposition, citing concerns about spillover of vehicles into the surrounding neighborhoods if the request is approved.
A motion was made by Commissioner Hamilton, seconded by Commissioner Chavarria to: 1. Approve the implementation of permit parking on Fairmont Way from La Veta Avenue to Delia Lane. 2. Forward recommendation to City Council for final action. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz Noes: None
Absent: None
Draft
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City Traffic Commission Minutes - Draft February 11, 2026
4.4. Discussion of potential operational changes to the signalized intersection of Tustin Street and Briardale-Taft Avenue
Senior Civil Engineer Martin Varona provided a brief staff report utilizing a PowerPoint Presentation. Staff recommended modifying the traffic signal to serve east and westbound traffic separately rather than together.
Public Speakers
Mike Brydges supported the proposal with the suggestion that eastbound through traffic be permitted and requested speed humps and no through traffic on Briardale Avenue.
Nora Wolkoff spoke in favor of the proposed changes.
Vera Mater spoke in favor of the proposed changes.
Bill Chavez, Ryan Helms, and Cindy Ellington, spoke in favor of the proposed changes and also supports implementing permit parking on Briardale Avenue.
The Commission inquired about the potential tradeoff's of adding an additional phase to the signal. Staff clarified that the proposed change is expected to have a minimal impact on overall traffic flow.
A motion was made by Vice Chair Ricci, seconded by Commissioner Chavarria to approve the implementation of a signal sequencing strategy that involves serving east and westbound traffic from Briardale Avenue in series, rather than in parallel. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Hamilton, Chavarria, Redding, and Feliz Noes: None
Absent: None
5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:40 p.m.
The next Regular City Traffic Commission Meeting will be held on Wednesday, April 8, 2026, at 5:30 p.m., in the Council Chamber.
___ _________
LARRY TAY
DEPUTY PUBLIC WORKS DIRECTOR/
CITY TRAFFIC ENGINEER
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Agenda Item
Orange City Council
Item #: 10.4. 3/10/2026 File #: 26-0092
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
City Charter Discussion
2. SUMMARY
California Government Code Sections 34450-34462 set forth the procedures to adopt a city charter.
There are two approaches. First, the City Council may place a question on a special or general election ballot asking voters to approve the creation of a charter commission. If approved, the charter commission would develop a draft charter that would later be placed on a subsequent ballot for voter consideration. Alternatively, the City Council may draft a charter and submit it directly to voters at a special or general election.
In recent years, several California cities have explored charter status to evaluate potential flexibility in areas such as public contracting, fiscal policy, and local governance. On January 13, 2026, the City Council directed staff to develop a draft City Charter. The draft City Charter is presented for City Council discussion, and staff seeks direction on how to proceed.
3. RECOMMENDED ACTION
Review and discuss the draft City Charter and provide direction to staff.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Adoption of a City Charter could support or affect multiple goals outlined in the Fiscal Years 2025- 2030 Citywide Strategic Plan.
6. DISCUSSION AND BACKGROUND
The following provides an overview of the similarities and differences between general law and charter cities. Additionally, this analysis details the procedures to adopt a city charter.
General Law vs. Charter Cities
California law authorizes two legal structures for municipal organizations - general law or charter law.
General law cities (i.e., the City of Orange) draw much of their authority from State of California (State) statutes. Charter cities derive select authority from a locally adopted charter as authorized in Article XI of the California Constitution. Cities often pursue charter status to gain greater local control over municipal affairs, particularly in areas such as public contracting, municipal finance, and local governance structures. Charter authority can allow a city to tailor policies to local priorities while remaining subject to state law on matters deemed to be of statewide concern.
It is also important to note that charter authority is not unlimited and has been narrowed over time by City of Orange Page 1 of 4 Printed on 3/5/2026
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Item #: 10.4. 3/10/2026 File #: 26-0092
It is also important to note that charter authority is not unlimited and has been narrowed over time by legislation and court decisions, particularly in areas such as labor standards and housing policy that are often deemed matters of statewide concern.
General Law Cities
Most cities in California are general law cities. Of the 482 cities in California, 121 have adopted local charters with 10 of those being from Orange County. As a general law city, Orange is bound to State law even if an issue is exclusively local. Under a general law structure, a city’s police power comes entirely from the California constitution with all other municipal authority deriving from State statute.
Charter Cities
Alternatively, the California Constitution authorizes municipalities to function as a Charter City. Often referred to as “home rule,” the logic underpinning the Charter City concept is that a city is best suited to manage local affairs with the State retaining authority over those matters deemed a Statewide concern. This means that a Charter City’s local laws prevail over State laws when the issue at hand is determined to be a “municipal affair.”
Municipal Affairs vs. Statewide Concerns
The distinction between municipal and statewide affairs is an important aspect to consider. If an increasing number of City functions are determined to be a matter of Statewide concern, then the benefits of becoming a Charter City are diminished. This points to the crux of the issue and begs the question, “What is a municipal affair?”
Generally, two sources have defined municipal affairs - the California Constitution and the courts. In beginning with the former, the term municipal affair is referenced in the California Constitution; however, it is not clearly defined. Article XI, section five, subsections (a-b), of the California Constitution discuss the general notion of self-governance while detailing four broad categories of municipal affairs. These four categories include:
1. City Police Force.
2. Subgovernment in all or part of a city.
3. Conduct of city elections; and
4. The manner in which municipal officers and employees are elected or appointed.
Aside from these general categories, the courts determine whether a matter is a municipal affair.
When making this determination, the facts of the case are evaluated through a four-part test developed by the California Supreme Court. This has resulted in case law supporting a nonexhaustive and fluctuating list of what are deemed to be municipal affairs.
As an example, charter cities previously retained significant authority over land use matters or could exempt the city from prevailing wage requirements. Charter city authority over these matters has since been reduced through a combination of court actions and legislation that have deemed these matters a Statewide concern, thereby preempting what a city’s charter may say on these issues.
For reference, provided below is a general overview of matters categorized as a Statewide concern vs. municipal affair*.
Municipal Affair Statewide Concern
Police authority Traffic control
Municipal elections Tort claims against public agencies Local fiscal matters Prevailing wage law
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Item #: 10.4. 3/10/2026 File #: 26-0092
Municipal Affair Statewide Concern
Police authority Traffic control
Municipal elections Tort claims against public agencies Local fiscal matters Prevailing wage law
Qualifications for local officials Brown Act, California Public Records Act, Political Reform Act
Public contracting and contractual services Numerous housing laws *Attachment 2 details pros and cons of General Law and Charter Cities.
The Process to Adopt a City Charter
There are two pathways for the City to adopt a charter - a City Council-drafted charter process or a Charter Commission process. Each is briefly discussed below:
City Council-drafted charter
1. Initiate: City Council directs staff to prepare a draft charter.
2. Public Review: Publish draft; conduct community outreach and at least two public hearings.
3. Call Election: The City Council adopts a resolution submitting the proposed charter to Orange voters at a regular or special municipal election.
4. Voter Decision: Simple majority approval is required. If approved, the City will file the charter with the Secretary of State, at which point, it will become effective.
Charter Commission-drafted charter
1. Ballot Question: The City Council calls an election asking voters whether to form a charter commission (Commission) and simultaneously elects 15 commissioners.
2. Commission Work: If approved, the top 15 vote-getters serve on the Commission. The Commission would draft the charter, hold public hearings, and submit the proposed charter to the City Council.
3. Second Election: The City Council places the Commission’s proposed charter on a subsequent ballot for voter approval.
4. Adoption: Simple majority approval is required. If approved, the City will file the charter with the Secretary of State, at which point, it will become effective.
Draft City Charter and Direction to Staff
On January 13, 2026, the City Council directed staff to develop a draft charter for City Council review and discussion. The draft City Charter (Attachment 1) is presented for discussion purposes only and is intended to begin a policy conversation regarding charter provisions. Staff seeks City Council direction on next steps and on several policy matters that could be addressed in a proposed charter, including which topics should be included, excluded, or deferred.
To become a charter city, the City must adopt a charter by a majority vote of its electorate. If the City Council’s goal is to place a proposed charter before voters as soon as practicable, the earliest opportunity would be the November 2026 General Municipal Election. The most expeditious approach would be for the City Council to draft a proposed charter and submit it directly to voters.
Unlike other ballot measures, a proposed city charter requires additional procedural steps prior to City of Orange Page 3 of 4 Printed on 3/5/2026
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Unlike other ballot measures, a proposed city charter requires additional procedural steps prior to placement on the ballot, including multiple public hearings and related noticing requirements.
If the City Council would like to proceed toward a November 2026 ballot, staff will need to begin the process immediately to meet required milestones over the next two months. Attachment 3 provides a draft timeline to support consideration of a November 2026 ballot measure. This timeline is preliminary and subject to change, including based on election deadlines issued by the Orange County Registrar of Voters.
7. ATTACHMENTS
· Attachment 1 - Draft City Charter for discussion and feedback · Attachment 2 - General Law and Charter City Pros and Cons · Attachment 3 - City Council Drafted Charter: Draft Ballot Measure Timeframe City of Orange Page 4 of 4 Printed on 3/5/2026
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Agenda Item
Orange City Council
Item #: 10.4. 3/10/2026 File #: 26-0092
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager
1. SUBJECT
City Charter Discussion
2. SUMMARY
California Government Code Sections 34450-34462 set forth the procedures to adopt a city charter.
There are two approaches. First, the City Council may place a question on a special or general election ballot asking voters to approve the creation of a charter commission. If approved, the charter commission would develop a draft charter that would later be placed on a subsequent ballot for voter consideration. Alternatively, the City Council may draft a charter and submit it directly to voters at a special or general election.
In recent years, several California cities have explored charter status to evaluate potential flexibility in areas such as public contracting, fiscal policy, and local governance. On January 13, 2026, the City Council directed staff to develop a draft City Charter. The draft City Charter is presented for City Council discussion, and staff seeks direction on how to proceed.
3. RECOMMENDED ACTION
Review and discuss the draft City Charter and provide direction to staff.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Adoption of a City Charter could support or affect multiple goals outlined in the Fiscal Years 2025- 2030 Citywide Strategic Plan.
6. DISCUSSION AND BACKGROUND
The following provides an overview of the similarities and differences between general law and charter cities. Additionally, this analysis details the procedures to adopt a city charter.
General Law vs. Charter Cities
California law authorizes two legal structures for municipal organizations - general law or charter law.
General law cities (i.e., the City of Orange) draw much of their authority from State of California (State) statutes. Charter cities derive select authority from a locally adopted charter as authorized in Article XI of the California Constitution. Cities often pursue charter status to gain greater local control over municipal affairs, particularly in areas such as public contracting, municipal finance, and local governance structures. Charter authority can allow a city to tailor policies to local priorities while remaining subject to state law on matters deemed to be of statewide concern.
It is also important to note that charter authority is not unlimited and has been narrowed over time by City of Orange Page 1 of 4 Printed on 3/5/2026
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Item #: 10.4. 3/10/2026 File #: 26-0092
It is also important to note that charter authority is not unlimited and has been narrowed over time by legislation and court decisions, particularly in areas such as labor standards and housing policy that are often deemed matters of statewide concern.
General Law Cities
Most cities in California are general law cities. Of the 482 cities in California, 121 have adopted local charters with 10 of those being from Orange County. As a general law city, Orange is bound to State law even if an issue is exclusively local. Under a general law structure, a city’s police power comes entirely from the California constitution with all other municipal authority deriving from State statute.
Charter Cities
Alternatively, the California Constitution authorizes municipalities to function as a Charter City. Often referred to as “home rule,” the logic underpinning the Charter City concept is that a city is best suited to manage local affairs with the State retaining authority over those matters deemed a Statewide concern. This means that a Charter City’s local laws prevail over State laws when the issue at hand is determined to be a “municipal affair.”
Municipal Affairs vs. Statewide Concerns
The distinction between municipal and statewide affairs is an important aspect to consider. If an increasing number of City functions are determined to be a matter of Statewide concern, then the benefits of becoming a Charter City are diminished. This points to the crux of the issue and begs the question, “What is a municipal affair?”
Generally, two sources have defined municipal affairs - the California Constitution and the courts. In beginning with the former, the term municipal affair is referenced in the California Constitution; however, it is not clearly defined. Article XI, section five, subsections (a-b), of the California Constitution discuss the general notion of self-governance while detailing four broad categories of municipal affairs. These four categories include:
1. City Police Force.
2. Subgovernment in all or part of a city.
3. Conduct of city elections; and
4. The manner in which municipal officers and employees are elected or appointed.
Aside from these general categories, the courts determine whether a matter is a municipal affair.
When making this determination, the facts of the case are evaluated through a four-part test developed by the California Supreme Court. This has resulted in case law supporting a nonexhaustive and fluctuating list of what are deemed to be municipal affairs.
As an example, charter cities previously retained significant authority over land use matters or could exempt the city from prevailing wage requirements. Charter city authority over these matters has since been reduced through a combination of court actions and legislation that have deemed these matters a Statewide concern, thereby preempting what a city’s charter may say on these issues.
For reference, provided below is a general overview of matters categorized as a Statewide concern vs. municipal affair*.
Municipal Affair Statewide Concern
Police authority Traffic control
Municipal elections Tort claims against public agencies Local fiscal matters Prevailing wage law
Qlifitifll ffiilBAtClifiPbliRdAt
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Municipal Affair Statewide Concern
Police authority Traffic control
Municipal elections Tort claims against public agencies Local fiscal matters Prevailing wage law
Qualifications for local officials Brown Act, California Public Records Act, Political Reform Act
Public contracting and contractual services Numerous housing laws *Attachment 2 details pros and cons of General Law and Charter Cities.
The Process to Adopt a City Charter
There are two pathways for the City to adopt a charter - a City Council-drafted charter process or a Charter Commission process. Each is briefly discussed below:
City Council-drafted charter
1. Initiate: City Council directs staff to prepare a draft charter.
2. Public Review: Publish draft; conduct community outreach and at least two public hearings.
3. Call Election: The City Council adopts a resolution submitting the proposed charter to Orange voters at a regular or special municipal election.
4. Voter Decision: Simple majority approval is required. If approved, the City will file the charter with the Secretary of State, at which point, it will become effective.
Charter Commission-drafted charter
1. Ballot Question: The City Council calls an election asking voters whether to form a charter commission (Commission) and simultaneously elects 15 commissioners.
2. Commission Work: If approved, the top 15 vote-getters serve on the Commission. The Commission would draft the charter, hold public hearings, and submit the proposed charter to the City Council.
3. Second Election: The City Council places the Commission’s proposed charter on a subsequent ballot for voter approval.
4. Adoption: Simple majority approval is required. If approved, the City will file the charter with the Secretary of State, at which point, it will become effective.
Draft City Charter and Direction to Staff
On January 13, 2026, the City Council directed staff to develop a draft charter for City Council review and discussion. The draft City Charter (Attachment 1) is presented for discussion purposes only and is intended to begin a policy conversation regarding charter provisions. Staff seeks City Council direction on next steps and on several policy matters that could be addressed in a proposed charter, including which topics should be included, excluded, or deferred.
To become a charter city, the City must adopt a charter by a majority vote of its electorate. If the City Council’s goal is to place a proposed charter before voters as soon as practicable, the earliest opportunity would be the November 2026 General Municipal Election. The most expeditious approach would be for the City Council to draft a proposed charter and submit it directly to voters.
Unlike other ballot measures, a proposed city charter requires additional procedural steps prior to City of Orange Page 3 of 4 Printed on 3/5/2026
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Item #: 10.4. 3/10/2026 File #: 26-0092
Unlike other ballot measures, a proposed city charter requires additional procedural steps prior to placement on the ballot, including multiple public hearings and related noticing requirements.
If the City Council would like to proceed toward a November 2026 ballot, staff will need to begin the process immediately to meet required milestones over the next two months. Attachment 3 provides a draft timeline to support consideration of a November 2026 ballot measure. This timeline is preliminary and subject to change, including based on election deadlines issued by the Orange County Registrar of Voters.
7. ATTACHMENTS
· Attachment 1 - Draft City Charter for discussion and feedback · Attachment 2 - General Law and Charter City Pros and Cons · Attachment 3 - City Council Drafted Charter: Draft Ballot Measure Timeframe City of Orange Page 4 of 4 Printed on 3/5/2026
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
We, the people of the City of Orange, seeking to strengthen our ability to govern ourselves locally, do hereby adopt this Charter under the Constitution of the State of California.
Article I
Incorporation, Succession, and Powers
Section 100. Name and Boundaries
The City of Orange shall continue to be a municipal corporation under the same name and possessed of all the property and interests of which it was possessed at the time the Charter takes effect. The boundaries of the City shall be the boundaries as established at the time the Charter takes effect, or as may later be changed in the manner authorized by law.
Section 101. Powers
The City of Orange shall have all powers possible for a Charter City to have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in the Charter, subject only to the limitations contained in the Charter.
Section 102. Ordinances, Resolutions, and Other Regulations All lawful ordinances, resolutions, rules, and regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed, or superseded by proper authority.
Section 103. Continuance of Contracts and Public Improvements All contracts entered into by the City, or for its benefit, prior to the taking of effect of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter.
Article II
Expenditures of Taxpayer Money
Section 200. Balanced Budget
The City Council must adopt a balanced budget each fiscal year. The adopted budget shall not provide for projected expenditures in excess of projected revenues. After adoption of the budget, in the event that revised estimates of expected revenues or expenditures, or both, show that expenditures will exceed estimated revenues, expenditures should be reduced or revenues increased, or both, to ensure that actual expenditures do not exceed actual revenues for that fiscal year. Nothing in this Section shall be construed to prohibit the adoption of a multi-year budget, provided that it is a balanced budget.
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
Section 201. Taxpayer Money Prohibited in Candidate Campaigns A City officer shall not expend, and a candidate shall not accept, any taxpayer dollars or public moneys for the purpose of seeking elective office.
Section 202. Public Safety Funding
The amount allocated in the City budget to the Fire Department, Police Department, and Code Enforcement Division shall total in aggregate at least two-thirds (2/3) of the General Fund.
Section 203. El Modena Library Branch
The amount allocated in the City budget to the Orange Public Library must ensure the maintenance of at least one branch library within the portions of the City of Orange known as El Modena.
Section 204. Waiving of Fees
To support economic development, by ordinance, the City Council may identify temporary periods throughout the fiscal year where select fees may be waived.
Article III
Elections
Section 300. General Municipal Elections
General municipal elections for the election of officers and for such other purposes as the City Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November in each even-numbered year and shall be consolidated with the statewide general election in the manner provided in the California Elections Code. However, in the event the State Legislature hereafter prescribes a different day for the holding of the statewide general election, general municipal elections shall be held upon such day in each even-numbered year as prescribed for the statewide general election.
Section 301. Special Municipal Elections
All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.
Section 302. Initiative, Referendum, and Recall
The powers of the initiative and referendum and of the recall of elected municipal officers are hereby reserved to the electors of the City. Unless otherwise provided by ordinance, hereafter enacted, the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, governing the initiative, the referendum, and the recall of the municipal officers shall apply to use thereof in the City insofar as such provisions of the Elections Code are not in conflict with this Charter.
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
Section 303. Council Districts
(a) The City Council shall consist of six members and a separately elected Mayor. The Mayor will be directly elected by the voters of the City. The other six members of the City Council shall be elected by districts in six single-member districts, meaning one member of the City Council shall be elected from each district, by the voters of that district alone.
(b) After each federal decennial census, the City Council shall adopt boundaries for all of the council districts of the City, a process that shall be known as “redistricting.” (c) After completing a redistricting pursuant to subsection (b), the City Council shall not redistrict until after the next federal decennial census, unless a court orders the City Council to redistrict, the City Council is settling a legal claim that the council district boundaries are unconstitutional or illegal, the boundaries of the city have changed from the addition or subtraction of territory causing a City population change of ten percent or more, or the number of council members elected by districts is changed.
Section 304. Ballot Designations
(a) Notwithstanding the Elections Code, a candidate for City elected office who holds a position as a City Commissioner, County Commissioner, State Commissioner, or Federal Commissioner at the time of filing candidate nomination documents may elect to designate their commission position as their principal profession, occupation, or vocation for purposes of Government Code Section 13107(a)(3). Nothing in this section shall be construed to prevent a candidate from:
1) using their commission position in conjunction with one or two other principal professions, occupations, or vocations for their ballot designation 2) electing not to use their commission position as one of their principal professionals, occupations, or vocations for their ballot designation
(b) The City requests that the Secretary of State, County Registrar of Voters, and any judicial officer deem a City Commissioner to be a principal profession, occupation, or vocation for purposes of Government Code Section 13107(a)(3) when an Orange City Commissioner is a candidate for a non-City office. The City declares that service on an Orange City Commission entails significant involvement on the part of the commissioners.
(c) Nothing in this section shall be construed to authorize the use of the word “retired” in conjunction with a commissioner ballot designation.
Article IV
Elected Officers
Section 400. Elected Officers
The elected officers of the City shall consist of a Mayor, a City Treasurer, and six City Council members. Subject to the provisions of this Charter, the Mayor, City Treasurer, and City Council 2589
Attachment 1 – Draft Charter for Policy Discussion Purposes Only
members in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.
Section 401. Mayor’s Powers and Duties
The Mayor shall be the Chair of the City Council and shall preside over its meetings. Otherwise, the Mayor shall have the same rights, privileges, powers and duties as are held by members of the City Council and shall be regarded as a member of the City Council for all purposes except to the extent expressly inconsistent with any other provision of this Charter or other applicable law.
Except as specified in this article, Article V, and Section 303, all references in this Charter to the “City Council” or to “City Council members” shall be inclusive of the Mayor.
Section 402. Mayor’s Term and Election
The Mayor shall serve a term of four years and shall be elected at each general municipal election.
Section 403. Vice Mayor
Each December after the election of the Mayor, the City Council shall designate one of its members as the Vice Mayor, who shall serve at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability or at the Mayor’s request.
Section 404. City Treasurer’s Term and Election
The City Treasurer shall serve a term of four years. The City Treasurer shall be elected in the general municipal election held in any year evenly divisible by four.
Section 405. City Council Terms and Election
The members of the City Council shall serve a term of four years. Three members of the City Council shall be elected in the general municipal election held in any year evenly divisible by four, and three members of the City Council shall be elected in the general municipal election held in any even-numbered year not evenly divisible by four.
Section 406. Election Consolidation
Pursuant to Section 300, the general municipal election shall be consolidated with the statewide general election. There shall be no primary elections for the elected officers of the City. Nothing in this section shall be construed to prevent the City Council from calling a special municipal election to be consolidated with a statewide primary election. 2590
Attachment 1 – Draft Charter for Policy Discussion Purposes Only
Article V
Term Limits
Section 500. Mayor
No person shall hold the office of Mayor for more than two, four-year terms in a lifetime.
Section 501. City Council Member
No person shall hold the office of member of the City Council for more than three, four-year terms in a lifetime.
Section 502. Partial Terms
If a person shall hold an office for less than fifty percent of a term, then that term shall not be counted toward the limits in this article.
Section 503. Application
Pursuant to Government Code Section 36502(b), the limits in this article shall apply prospectively only
Article VI
Appointed Officers and Employees
Section 600. City Manager and City Attorney
The City Council shall appoint the City Manager and the City Attorney.
Section 601. Fire Chief, Police Chief, City Clerk, and Other Department Heads The City Manager shall appoint the Fire Chief, the Chief of Police, City Clerk and the heads of other City departments
Section 602. Removal
The City Council may remove the City Manager and the City Attorney. The City Manager may remove the Chief of Police, Fire Chief, City Clerk, and heads of other City departments.
Section 603. Core Services Performed by City Employees
Firefighters, police officers, emergency medical services personnel, and librarians are deemed personnel performing core services of the City, which must be performed by City employees and may not be contracted out to other governments, private-sector companies, or nonprofit organizations. However, nothing in this section shall prevent the City from entering into mutual aid agreements, assistance agreements, and other specialized service agreements on an as-needed basis.
Section 604. Classification and Compensation Study
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At least once every ten years, the City shall conduct a Classification and Compensation study to review significant changes in job duties, classification specifications, and compensation levels.
The study shall also review changes in operations, organizational structure, reporting relationships, and staffing since the last such study.
Article VII
Vacancies in Office
Section 700. Permanent Vacancy
In the event of a vacancy in an elected office as defined under the California Government Code Section 1770, the City Council shall fill the vacancy by appointment within sixty days or call for a special election. The person appointed or elected to fill a vacancy shall serve the remainder of the unexpired term. Notwithstanding the Elections Code, a person appointed to fill a vacancy who seeks the same office in a general municipal election is not required to use the word “Appointed” in conjunction with the title of their City office in the ballot designation filed by that person in their nomination documents.
Section 701. Temporary Vacancy
Pending trial, the City Council may, by a three-fourths vote, suspend any elected or appointed officer, against whom prosecution has commenced in felony criminal proceedings. By a majority vote, the City Council may elect to end the suspension at any time, and the officer returned to office. However, the suspension must automatically end, and the officer returned to office, upon acquittal, dismissal of charges by the prosecutor, or dismissal of charges by the judge. By a three-fourths vote, the City Council may choose to extend the suspension in the case of a hung jury unless the prosecutor informs the City Attorney that charges will not be refiled against the officer.
Article VIII
Compensation of Elected Officers
Section 800. City Treasurer
The compensation of the City Treasurer shall be set by the City Council. The City Council shall vote upon any change to the City Treasurer’s compensation no later than June 30 of the year in which the election for City Treasurer takes place, and any such change in compensation shall not take effect until the commencement of the City Treasurer’s next term of office.
Section 801. City Council Member
Effective upon the operative date of this Charter, the compensation of City Council members is set at the full limit provided for in Government Code Section 36516(a)(2), as amended from time to time by the State Legislature. The compensation shall increase at an amount equal to inflation as specified in Government Code Section 36516(a)(4)(B), as amended from time to time by the 2592
Attachment 1 – Draft Charter for Policy Discussion Purposes Only
State Legislature, but not to exceed three percent (3%), or if necessitated by Government Code Section 36516(a)(3), as amended from time to time by the State Legislature.
Section 802. Benefits
The City shall the City Council members in the same health, dental, vision, and life insurance plans and same retirement plans, including, but not limited to, the California Public Employees Retirement System, that are made available and paid by the City for its employees. Nothing in this section shall prevent a City elected officer from deferring a portion of their own compensation into an alternative retirement plan.
Section 803. Exclusions
Any amounts paid by the City to reimburse a City elected officer for actual and necessary expenses incurred in the performance of official duties shall not be included for purposes of determining salary pursuant to this article. Any amounts paid by the City for a City elected officer’s retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this article, provided that the same benefits are available and paid by the City for its employees.
Section 804. Waiver of Compensation
A City elected officer may waive any or all compensation provided by this article.
Article IX
Appointive Boards, Commissions, and Committees
Section 900. Establishment
The City Council shall establish appointive boards, commissions, and committees by ordinance and shall specify in such ordinance the powers, duties, and membership of each, except as otherwise specified in this article.
Section 901. Planning Commission
The Planning Commission shall consist of seven members. Each member of the City Council shall appoint one Commissioner for a term concurrent with the City Council member’s term of office. Any Commissioner may be removed by the City Council member who appointed that Commissioner or by a majority vote of the City Council.
Section 902. Public Library Board of Trustees
The Public Library Board of Trustees shall consist of seven members. Each member of the City Council shall appoint one Trustee for a term concurrent with the City Council member’s term of office. Any Trustee may be removed by the City Council member who appointed that Trustee or by a majority vote of the City Council.
Section 903. Citizens Oversight Committee
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
(a) The Citizens Oversight Committee shall provide citizens’ oversight in connection with expenditures of tax revenues generated by Article X.
(b) Any tax measure proposed to the voters shall include a Citizens Oversight Committee.
The City Council shall elect as to whether the Committee specified by subsection (a) shall serve as the Citizens Oversight Committee for that tax measure. If the City Council elects to designate a separate committee for such measure, then such committee shall be structured as described in subsection (c).
(c) Any Citizens Oversight Committee shall consist of fourteen members:
1) Each member of the City Council shall appoint one member of the Committee for a term concurrent with the City Council member’s term of office. 2) The Chief of Police shall appoint one member of the Committee for a four-year term. 3) The Fire Chief shall appoint one member of the Committee for a four-year term. 4) The largest association of businesses within the boundaries of the City shall appoint one member of the Committee for a four-year term.
5) Unless otherwise represented to avoid duplicate representation, the association representing the largest number of City employees shall appoint one member of the Committee for a four-year term.
6) Unless otherwise represented to avoid duplicate representation, the association representing the largest number of City management employees shall appoint one member of the Committee for a four-year term.
7) Unless otherwise represented to avoid duplicate representation, the association representing the largest number of City firefighters shall appoint one member of the Committee for a four-year term.
8) Unless otherwise represented to avoid duplicate representation, the association representing the largest number of City police officers shall appoint one member of the Committee for a four-year term.
Any member of the Committee may be removed by the person or entity who appointed that member or by a majority vote of the City Council.
Section 904. Continuation of Existing Boards, Commissions, and Committees Subject to the provisions of this Charter, the ordinances regarding appointive boards, commissions, and committees in place at the time of the adoption of this Charter shall remain in effect and may be amended by the City Council in the standard manner that ordinances are amended, and their members shall continue in office until the expiration of their respective terms and until their successors are appointed and qualified. 2594
Attachment 1 – Draft Charter for Policy Discussion Purposes Only
Article X
Taxation
Section 1000. Transient Occupancy Tax
(a) The Uniform Transient Occupancy Tax Ordinance of the City in place at the time of the adoption of this Charter shall remain in effect and may be amended by the City Council in the standard manner that ordinances are amended, except as otherwise specified in this section.
(b) For the privilege of occupancy in any hotel with eleven or more rooms, each transient is subject to and shall pay a tax in the amount of fourteen percent of the rent charged by the operator.
(c) For the privilege of occupancy in any hotel with ten or fewer rooms, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator.
Section 1001. Large Parking Operator Tax
In any parking facility owned or operated by an entity that provides at least two hundred parking spaces within the boundaries of the City, each occupant is subject to and shall pay a tax in the amount of fourteen percent of the parking fee for the privilege of occupancy of the space.
Section 1002. Franchise Tax
A franchise tax of four percent of gross receipts shall be paid by any company granted a cable, fiber, telephone (including, but not limited to, cellular), Internet, trash disposal, or pipeline franchise in the City. A utility franchise tax of four percent of gross receipts shall be paid by any company serving as the City’s gas, water, or electric utility.
Section 1003. Pursuant to Article XIII C, Section 3 of the State Constitution, the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any tax specified in this article of this Charter. The power of initiative to affect local taxes shall be applicable to the taxes specified in this article of this Charter, and the signature requirement shall be the same as that applicable to statewide statutory initiatives.
Article XI
Political Reform
Section 1100. Electronic Filing
The City Council shall provide by ordinance for the electronic filing of campaign statements, reports, and other required documents. The City Council shall provide by ordinance for the electronic filing of statements of economic interests. Persons electronically filing documents shall not be required to submit paper copies of such documents, and wet signature requirements shall be waived for such electronically filed documents.
Section 1101. Campaign Contribution Limits
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
(a) No person shall make, and no City candidate or treasurer of a controlled committee of a City candidate shall solicit or accept any contribution aggregating more than $1,500.00 (one thousand, five hundred dollars) per election. In February of each odd-numbered year beginning in 2027, the City Council shall, by ordinance, adjust the contribution limit to reflect any cumulative increase or decrease in the Consumer Price Index for all consumers for the local metropolitan statistical area as announced by the United States government since the last adjustment. Such adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions. (b) The contribution limitations of this Section shall not apply to a City candidate’s contribution of his or her separate or community property funds to his or her own City Candidate Committee or campaign. Contributions by a spouse from separate property shall be subject to the limitations set forth in this Section. In February of each oddnumbered year beginning in 2027, the City Council shall, by ordinance, adjust the contribution limit to reflect any cumulative increase or decrease in the Consumer Price Index for all consumers for the local metropolitan statistical area as announced by the United States government since the last adjustment. Such adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions.
Section 1102. Gift Ban
For purposes of the Orange Gift Ban Ordinance, no item with a value of $25.00 or less shall be deemed a gift.
Article XII
Miscellaneous
Section 1200. Eminent Domain
The City may not exercise the power of eminent domain to acquire property from any private Owner thereof, without such Owner’s consent, when the purpose of the acquisition is to convey the property so acquired to any private party. As used in this section, “Owner” means the owner of the fee title interest in the property to be acquired. Nothing contained in this section shall be deemed to prohibit acquisitions of property interests by eminent domain for the purpose of either:
(a) conveying such acquired interests to the owner of other property affected by a public acquisition of property in order to mitigate impacts of the acquisition or the project to be constructed on such other property; or
(b) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner.
Section 1201. Sales of City Assets
Pursuant to Government Code Section 37350, the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.
Section 1202. Public Utilities
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
Pursuant to Public Utilities Code Sections 10051, 10061(a)-(b) and (d)(e), the City Council may sell and dispose of any public utility that the City owns. Public Utilities Code Sections 10052- 10060 and Section 10061(c) shall not apply in the City of Orange.
Article XIII
Legal Provisions
Section 1300. Violations
A violation of this Charter or of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California or may be redressed by civil action filed by the City. The maximum fine or penalty for any violation of a City ordinance shall be the same as established by the general laws for a misdemeanor.
Section 1301. Amendment
(a) Amendments to this Charter shall be proposed and submitted to the electors of the City in the manner provided by the Constitution of the State of California and Section 1104 of this Charter.
(b) Notwithstanding subsection (a), in the event that the Legislature renumbers a section of state law referenced in this Charter effective on or after January 1, 2026, the City Council may, upon advice of the City Attorney, amend this Charter to reflect that renumbering, but such amendment must be approved by a unanimous vote of all City Council members with no abstentions or absences.
Section 1302. Definitions
Unless the provisions or the context otherwise requires, as used in this Charter:
(a) Whenever the term “City” occurs in this Charter, it means the City of Orange, and whenever the term office, department, agency, board, commission, officer, or employee, as the case may be, is used, it means an office, department, agency, board, commission, officer, or employee of the City of Orange;
(b) “Shall” is mandatory, and “may” is permissive;
(c) “State” is the State of California;
(d) “Federal” is the United States of America.
Section 1303. Effect of Invalidity in Part
If any section, subsection, sentence, clause, or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of Orange hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause, and phrase thereof, and any amendment thereto, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases, or amendment be declared unconstitutional or otherwise invalid.
Section 1304. Effective Date
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Attachment 1 – Draft Charter for Policy Discussion Purposes Only
This Charter shall take effect on January 1, 2027.
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Attachment 2 – General Law City and Chart City Pros and Cons Type Pros Cons
General Law
City
Clear statewide framework:
Operations are guided by the
California Government Code,
reducing ambiguity in interpretation
and implementation.
Lower administrative complexity:
Fewer city-specific governance
documents or procedures to
maintain.
Lower legal exposure: Following
established state rules minimizes
litigation risk around governance
authority.
Cost-efficient: No need to draft,
adopt, or amend a city charter;
avoids election costs.
Predictable processes for staff:
Standardized rules streamline
training, onboarding, and
compliance.
Limited local autonomy:
Must adhere to state-mandated
procedures even when they do
not align well with local priorities
or operational efficiency.
Less flexibility in procurement
and contracting:
Required to follow Public
Contract Code rules that may
slow project delivery.
Governance rules are fixed:
Changes to council structure,
election sequencing, or
administrative organization are
constrained by state law.
Innovation constraints:
Difficult to pilot or tailor policies
because statewide uniformity
often limits local customization.
Charter City Greater control over municipal
affairs:
Ability to create local rules for
elections, contracting, governance
structure, public works delivery, and
other local functions.
Local procurement flexibility:
Cities may adopt alternative bid
thresholds, design-build processes,
and other tools that can accelerate
projects and reduce costs.
Governance customization:
Can adjust council size, district
election structures, term limits, or
the form of government through the
charter.
Higher legal risk:
Cities must continually assess
whether a given issue is a
“municipal affair” or a “matter of
statewide concern,” which can
lead to litigation if unclear.
Requires significant legal and
administrative capacity:
Drafting, maintaining, and
interpreting a charter will
demand more time from the City
Attorney’s Office.
Costly to adopt or amend:
Charter processes require voter
approval, specialized drafting,
and extensive community
engagement.
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Attachment 2 – General Law City and Chart City Pros and Cons Policy innovation:
Ability to design tailored programs
reflecting local needs rather than
applying statewide norms.
Opportunity for cost savings:
More flexible public contracting
rules can improve efficiency in
capital projects.
Stronger local identity: A charter
can codify community values and
governance priorities.
Not exempt from matters of
Statewide Concern:
Despite broader autonomy, state
mandates still apply in areas
such as housing (RHNA, SB
35), environmental laws, ethics,
transparency, elections
administration, and labor
standards.
Ongoing maintenance:
Charters often need periodic
updates as legal standards
evolve, creating long-term
administrative obligations.
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Attachment 3 – City Council Drafted Charter: Draft Ballot Measure Timeline City Council Drafted Charter: Draft Ballot Measure Timeline Step Deadline
Draft Ballot Measure March Through Early April
Notice First Public Hearing April 9, 16, and 21, 2026
Conduct First Public Hearing Tuesday, May 12, 2026
Notice Second Public Hearing May 21, 28, 2026 and June 2, 2026 Conduct Second Public Hearing Tuesday, June 23, 2026
Conduct Vote to Submit Charter Measure to Voters Tuesday, July 14, 2026 Signed Resolutions Sent to the Orange County Registrar of Voters Friday, July 17, 2026 Last Day to Submit Direct Arguments and Impartial Analysis Friday, July 31, 2026 Election Day Tuesday, November 3, 2026
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