Chapter 2.04 — CITY COUNCIL—MEETINGS

The Civic Center at 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Council, is fixed as the meeting place for all official meetings of the Council.

(Prior code 2100; Ord. 43-60)

The City Council shall hold regularly scheduled meetings at a date and time as set by resolution. (Prior code 2100.1; Ord. 495; Ord. 43-60; Ord. 32-71; Ord. 31-72; Ord. 11-76; Ord. 9-87; Ord. 18-94; Ord. 12-13, 2013)

All matters to be submitted to the Council shall be delivered to the City Clerk. The City Clerk shall arrange a list of such matters according to the order of business and furnish each member of the Council, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting, and shall post an agenda containing a brief description of each item of business to be transacted or discussed at the Council meeting, including items to be discussed in closed session, in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code, as the same may be amended from time to time). No matter shall be submitted to the Council unless it has been delivered to the City Clerk in a timely manner prior to the Council meeting, and has received the prior approval of the City Manager. Any Council Member, upon timely submittal and after apprising the City Manager, may place matters on the agenda for discussion purposes under Reports from Mayor or Reports from Council Members, as the case may be.

(Prior code 2101; Ord. 495; Ord. 43-60; Ord. 9-00)

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 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.

(Prior code 2101.1; Ord. 43-60; Ord. 06-24, 4/9/2024)

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City of Orange, CA

ORANGE CODE

§ 2.04.050

§ 2.04.110

The Mayor, or in his or her absence, the Mayor pro tempore, shall take the chair and call the Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk, or his or her assistant shall call the Council to order, whereupon a temporary chair shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. (Prior code 2101.2; Ord. 43-60)

Before proceeding with the business of the Council, the Director of City Clerk Services or Deputy City Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes.

(Prior code 2101.3; Ord. 43-60; Ord. 14-21, 2021)

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 members present, compel the attendance of absent members. (Prior code 2101.4; Ord. 43-60; Ord. 12-20, 2020; Ord. 14-21, 2021)

Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a synopsis thereof.

(Prior code 2101.6; Ord. 43-60)

The Mayor or such other member of the Council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason of acting as the presiding officer.

(Prior code 2101.7(a); Ord. 43-60; Ord. 14-21, 2021)

Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate avoiding all personalities and indecorous language.

(Prior code 2101.7(b); Ord. 43-60)

A member, once recognized, shall not be interrupted when speaking unless it is to call them to order, or as otherwise provided in this chapter. If a member, while speaking, is called to order, they shall cease speaking until the question of order is determined, and, if in order, they shall be

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City of Orange, CA

ADMINISTRATION AND PERSONNEL

§ 2.04.110

§ 2.04.170

permitted to proceed. (Prior code 2101.7(c); Ord. 43-60; Ord. 14-21, 2021)

The Council Member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(Prior code 2101.7(d); Ord. 43-60; Ord. 14-21, 2021)

A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing in this chapter shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. (Prior code 2101.7(e); Ord. 43-60)

A Council Member may request, through the presiding officer, the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (Prior code 2101.7(f); Ord. 43-60; Ord. 14-21, 2021)

The Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. (Prior code 2107.7(g); Ord. 43-60)

A motion to adjourn shall always be in order and decided without debate. (Prior code 2101.7(h); Ord. 43-60)

• 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, however, 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

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City of Orange, CA § 2.04.170

ORANGE CODE

§ 2.04.220

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.

(Prior code 2101.8; Ord. 43-60; Ord. 06-24, 4/9/2024)

After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council to do so. (Prior code 2101.9; Ord. 43-60)

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 person, 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.

(Prior code 2101.10; Ord. 43-60; Ord. 14-21, 2021; Ord. 06-24, 4/9/2024)

Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

(Prior code 2101.11; Ord. 43-60; Ord. 14-21, 2021)

• A. By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise provided in this chapter.

• B. By Persons. Each person addressing the Council shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, staff, or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer, be barred from further audience before the Council during that meeting, unless permission to continue is granted by a majority vote of the Council.

• (Ord. 10-01)

The Chief of Police, or such member or members of the Police Department as the presiding officer may designate, shall be Sergeant-at-Arms of the Council meetings and be responsible for enforcing the rules of decorum as set forth above. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum

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City of Orange, CA

ADMINISTRATION AND PERSONNEL

§ 2.04.220

§ 2.04.260

at the Council meeting. Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person who violates the order and decorum of the meeting and take any other action as necessary, including arrest. (Ord. 10-01)

No person except City officials and their representatives shall be permitted to approach the dais without the express consent of the Council.

(Prior code 2101.14; Ord. 43-60; Ord. 14-21, 2021)

Any member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered on the minutes.

(Prior code 2101.15; Ord. 43-60; Ord. 14-21, 2021)

• A. Preparation of Ordinances. All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor or City Manager or prepared by the City Attorney on his or her own initiative.

• B. Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his or her authorized representative and shall have been examined and approved for administration by the City Manager or his or her authorized representative, where there are substantive matters of administration involved. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve and be approved by said department head; provided, however, that if approval is not given, then the same shall be returned to the City Manager with a written memorandum of the reasons why such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head objection, or objection is not withdrawn and approval in writing given, then the City Manager shall so advise the Council and give the reasons advanced by the department head for withholding approval.

• C. When any action of the City Council is documented by resolution or ordinance in accordance with City policy, past practice or state law, such action shall not be considered final until the City Council documents such action by final adoption of a City Council resolution or an ordinance, as the case may be.

(Prior code 2102; Ord. 43-60; Ord. 9-01)

• A. Notwithstanding any other provision of this code to the contrary, in any matter where any provision of this code or any other law should otherwise require the City Council to conduct a hearing for the purpose of receiving evidence prior to acting upon such matter, the City Council may, at its sole discretion, appoint a hearing officer for the purpose of conducting such hearing and receiving such evidence.

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City of Orange, CA

ORANGE CODE

§ 2.04.260

§ 2.04.270

• 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.

• C. The hearing officer shall receive evidence, both oral and written, at such hearing and shall prepare, or cause to be prepared, an administrative record of such hearing which record as certified by the hearing officer, together with the written recommendation of the hearing officer of the action to be taken, shall be submitted to the City Council within 20 calendar days following the conclusion of such hearing.

• D. Within 15 calendar days following the receipt of the administrative record and written recommendation of the hearing officer, the City Council shall render a decision upon the matter in the manner required by law. The decision of the City Council shall be based upon the administrative record prepared by the hearing officer and the City Council shall not take or consider additional evidence.

• E. To the extent the time limits and procedures set forth in this section are inconsistent with any other provision of this code, the provisions of this section shall govern.

• F. The term "hearing" as used in this section shall mean any proceeding required by law in which evidence is required to be taken and discretion in the determination of facts is vested in the City Council.

• G. The term "hearing officer" shall mean one or more persons appointed upon motion of the City Council to conduct such hearing.

• H. In the event the City Council is legally prohibited from acting upon, or is unable due to a tie vote or other similar circumstance to decide a matter decided by the hearing officer, the recommendation of the hearing officer shall be the final decision of the City. The City Clerk shall certify the decision of the hearing officer as the final decision of the City and shall mail a copy of the certification to the parties. Any request for a rehearing of the decision of the hearing officer, so certified as the decision of the City by the City Clerk, shall be filed with the City Clerk within 15 calendar days following conclusion of such hearing.

• I. The City Council may, at its sole discretion, appoint a hearing officer to consider rehearing where the request for rehearing has been granted by the City Council even if the City Council originally decided the matter.

• J. The City Council may, at its sole discretion, conduct a rehearing which the City Council has granted even if the hearing officer originally decided the matter.

• K. The City Council may, due to illness or any other reason which causes a hearing officer to be unable to complete a hearing and make a decision, appoint a substitute hearing officer to complete the hearing and make a written recommendation.

• L. In the event of an appointment of a substitute hearing officer pursuant to the preceding subsection K, the substitute hearing officer shall review the record of the portion of the hearing already conducted and, after considering the arguments of any person, determine whether to proceed with the hearing or to commence the proceedings anew.

• (Ord. 28-92; Ord. 06-24, 4/9/2024)

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City of Orange, CA

ADMINISTRATION AND PERSONNEL

§ 2.04.270

§ 2.04.270

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for a term not exceeding six months or both such fine and imprisonment. (Ord. 10-01)

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City of Orange, CA

ADMINISTRATION AND PERSONNEL

§ 2.05.010

§ 2.05.050