ORD 12-20 City Council Voting Requirements for By-district Electoral SystemORDINANCE NO. 12-20
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING VARIOUS
SECTIONS IN TITLE 2 OF THE ORANGE
MUNICIPAL CODE TO CONFORM CITY COUNCIL
VOTING REQUIREMENTS WITH THE BY-
DISTRICT ELECTORAL SYSTEM FOR SIX CITY
COUNCIL MEMBERS AND A SEPARATELY
ELECTED MAYOR.
WHEREAS,the City of Orange is moving to a by-district electoral system, comprised of
six City Councilmembers and a separately elected Mayor, as a result of the November 3, 2020,
general municipal election; and
WHEREAS,the change caused by districting will add two additional new members to the
City Council, increasing the total membership of the City Council from five to seven elected
officials; and
WHEREAS, current provisions in the Orange Municipal Code addressing City Council
procedures reflect a City Council composition of five members; and
WHEREAS, the various code sections contained herein require amending to address a
seven member City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The Ordinance is not a project under the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15378, because it involves general City policy and procedure
making actions.
SECTION II:
Section 2.04.070 of the Orange Municipal Code, "City Council - Meetings - Quorum," is
hereby amended to read as follows:
2.04.070 - Quorum.
A majority of all the members elected to the Council_shall constitute a quorum at any
regular or special meeting of the Council. In the absence of a quorum, the presiding officer shall,
at the insistence of any three members present, compel the attendance of absent members.
SECTION III:
Section 2.16.070.A of the Orange Municipal Code, "City Manager — Removal of City
Manager—Vote Required," is hereby amended to read as follows:
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.
SECTION IV:
The first paragraph of Section 2.22.010 of the Orange Municipal Code, "Department of
Law—Composition—Duties," is hereby amended to read as follows:
2.22.010 - Composition—Duties.
The Department of Law, supervised by the City Attorney, who shall be 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 (7) 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 purpose 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:
SECTION V:
Section 2.28.040.A of the Orange Municipal Code, "Department of Records—Chief Clerk
Removal—Vote Required," is hereby amended to read as follows:
A. Vote Required. The removal of Chief Clerk shall be only upon a majority vote of the
whole Council of the City at a regular Council meeting; subject, however,to the provisions of the
next succeeding subsections. In case of the intended removal by the City Council,the Chief Clerk
shall be furnished with the written notice stating the City Council's intention to remove said Clerk.
The effective date of such removal shall be shown upon the written notice.
Ordinance No. 12-20 2
SECTION VI:
Section 3.08.520.F of the Orange Municipal Code, "Purchasing System—Public Projects
Informal Bidding Procedures,"is hereby amended to read as follows:
F. If all informal bids received exceed one hundred twenty-five thousand dollars
125,000.00) and the City Council determines that the cost estimate was reasonable, the City
Council may award the contract to the lowest responsible bidder at up to one hundred thirty-seven
thousand five hundred dollars ($137,500.00)by resolution approved by the vote of the whole City
Council as required in the Uniform Public Construction Cost Accounting Act, Public Contract
Code Section 22000 et seq. Such contracts shall be executed by the Mayor and approved as to
form by the City Attorney. Otherwise, such work shall be awarded to the lowest responsible bidder
pursuant to the formal bid procedures prescribed in Sections 3.08.530 through 3.08.570 of this
chapter.
SECTION VII:
Section 3.08.550 of the Orange Municipal Code, "Purchasing System—Public Projects —
Rejection of Formal Bids," is hereby amended to read as follows:
3.08.550 -Public Projects—Rejection of Formal Bids.
In its discretion,the City Council may reject any and all bids presented if the Public Works
Director,prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing
the bidder of the City's intention to reject the bid at least two business days prior to the hearing at
which the City Council intends to reject the bid. If after the first invitation of bids all bids are
rejected, after reevaluating its cost estimates of the project,the City Council may: (a) abandon the
project; (b) readvertise for bids in the manner prescribed by this chapter; or (c) perform the work
with City employees, after passing a resolution by the vote of the whole City Council as required
in the Local Agency Public Construction Act, Public Contract Code Section 20100 et seq.
declaring that the project can be performed more economically by City employees.
SECTION VIII:
Section 3.08.590 of the Orange Municipal Code, "Purchasing System—Public Projects—
Emergencies," is hereby amended to read as follows:
3.08.590 -Public Projects—Emergencies.
A. In cases of emergency when repairs or replacements are necessary, the City Council,
pursuant to the vote as required in Sections 20168 and 22050 of the Public Contract Code, may
replace or repair any public facility, take any directly related and immediate action required by
that emergency, and procure the necessary equipment, services and supplies for those purposes
without giving notice for bids to let contracts.
Ordinance No. 12-20 3
B. Before the City Council takes any action pursuant to subsection A of this section, it
shall make a finding,based on substantial evidence set forth in the minutes of its meeting,that the
emergency will not permit a delay resulting from a competitive solicitation for bids, and that the
action is necessary to respond to the emergency.
C. If the City Council orders any action specified in subsection A of this section, it shall
review the emergency action at its next regularly scheduled meeting and at every regularly
scheduled meeting thereafter until the action is terminated to determine, by the vote as required in
Section 22050 of the Public Contract Code, that there is a need to 'continue the action. When the
City Council reviews the emergency action, it shall terminate the action at the earliest possible
date that conditions warrant so that the remainder of the emergency action may be completed by
giving notice for bids to let contracts.
D. Notwithstanding the authority of the City Council to order any action specified in
subsection A of this section, the City Manager is authorized, in case of an emergency, to order
repairs or replacements of a public facility,talce any directly related and immediate action required
by that emergency,and procure the necessary equipment,services,and supplies for those purposes.
The City Manager shall reporf to the City Council at its next regularly scheduled meeting the
reasons justifying why the emergency will not permit a delay resulting from a competitive
solicitation for bids and why the action is necessary to respond to the emergency. The City Council
shall initially review the emergency action not later than seven days after the action, or at its next
regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the
action, and at least every regularly scheduled meeting thereafter until the action is terminated, to
determine, by the vote as required in Section 22050 of the Public Contract Code, that there is a
need to continue the action, unless the City Manager has terminated that action prior to the City
Council reviewing the emergency action and making a determination that there is no longer a need
to continue the action.
E. The work authorized under this section may be done by day labor under the direction
of the Director of Public Works,by contractor, or by a combination of the two.
SECTION IX:
Section 3.11.040.A.7.e of the Orange Municipal Code, "Major Thoroughfare and Bridge
Fee Program—Establishing an Area of Benefit," is hereby amended to read as follows:
e. Nothing in this chapter shall prohibit the City Council, within such one year period,
from commencing and carrying on new proceedings for the construction of an improvement or
portion of the improvements so protested against if it finds,by the affirmative vote of its members
as required in Section 66484.3 of the Government Code (Bridge and Roadway Construction Fees
in Orange County),that the owners of more than one-half of the area of the property to be benefited
are in favor of going forward with such improvement or portion thereof.
Ordinance No. 12-20 4
SECTION X:
Prospective Application. The amendments contained in this ordinance shall be applied
prospectively, following the November 3, 2020, general municipal election.
SECTION XI:
To the extent required to implement the provisions of this Ordinance, City staff is directed
to modify any Administrative Policies in conflict herewith and return to the City Council for any
City Council approvals deemed necessary.
SECTION XII:
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 XIII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
30) days from the date of adoption.
ADOPTED this 14th day of July 2020.
Mark A. Murphy, Mayor, ity of range
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 12-20 5
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
9th day of June 2020, and thereafter at the regular meeting of said City Council duly held on the
14th day of July 2020, was duly passed and adopted by the following vote, to wit:
AYES: COLTNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES: COiJNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 12-20 6