Chapter 2.04
CITY COUNCIL
Sections:
2.04.010 Time of regular city council meetings.
2.04.020 Place of regular meetings.
2.04.040 Seventy-two-hour notice.
2.04.050 Public comments provided at regular meetings.
2.04.060 Special meetings – Call.
2.04.070 Emergency meetings – Exceptions.
2.04.090 Improper conduct at meeting.
2.04.100 Council meetings – Rules of order and debate.
2.04.110 Approved minutes as official record of proceedings.
2.04.120 Council compensation.
2.04.130 Selection of mayor and mayor pro tem.
2.04.140 Electronic filing of campaign disclosure statements and statements of economic interest.
2.04.010 Time of regular city council meetings.
The regular meetings of the city council shall be held on the first and third Wednesday of each month at the hour of 7:00 p.m. for the public session. Closed session matters, if required, may be heard either at the beginning or at the end of the meeting as specified in the agenda. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall be held on the next day unless the city council determines otherwise.
Subsequent to the adoption of the ordinance codified in this section, the city council may change the day and time of its regular meetings by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-028].
2.04.020 Place of regular meetings.
The regular meetings of the city council shall be held at a location to be designated by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-028].
2.04.030 Definitions.
For the purposes of this chapter, the definitions of “legislative body,” “regular meeting” and “special meeting,” as set forth in California Government Code Section 54950 et seq., shall apply. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
2.04.040 Seventy-two-hour notice.
At least 72 hours before a regular meeting of any legislative body of the city, an agenda shall be posted containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda; provided, however, nothing in this section shall prohibit the legislative body from taking action on items of business not appearing on the posted agenda under any of the conditions set forth in California Government Code Section 54954.2(b). [Ord. 2010-126 § 1 (Exh. A)].
2.04.050 Public comments provided at regular meetings.
Every agenda for regular meetings of any legislative body of the city shall provide an opportunity for members of the public to directly address the legislative body on items of interest to the public that are within the subject matter jurisdiction of the legislative body; provided, that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by California Government Code Section 54954.2(b). The legislative body may adopt reasonable regulations to ensure that the intent of this section is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. [Ord. 2010-126 § 1 (Exh. A)].
2.04.060 Special meetings – Call.
A special meeting may be called at any time by the presiding officer of the legislative body or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. [Ord. 2010-126 § 1 (Exh. A)].
2.04.070 Emergency meetings – Exceptions.
A. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of California Government Code Section 54956 or both the notice and posting requirements. For the purposes of this section, “emergency situation” means any of the following:
1. Work stoppage or other activity which severely impairs public health, safety or both, as determined by a majority of the members of the legislative body.
2. Crippling disaster which severely impairs public health, safety or both, as determined by a majority of the members of the legislative body.
3. Crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.
B. Each local newspaper of general circulation and radio or television station, which has requested notice of special meetings pursuant to California Government Code Section 54956, shall be notified by the presiding officer of the legislative body or designee thereof, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body or designee of the legislative body shall notify such newspapers, radio stations or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
C. During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to California Government Code Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.
D. All special meeting requirements as prescribed in California Government Code Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.
E. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee thereof, notified or intended to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. [Ord. 2010-126 § 1 (Exh. A)].
2.04.080 Enforcement.
The provisions of this chapter shall be enforceable pursuant to the provisions of California Government Code Sections 54960 through 54960.5, as said sections may be amended. [Ord. 2010-126 § 1 (Exh. A)].
2.04.090 Improper conduct at meeting.
Any person using profane, vulgar, loud or boisterous language at any meeting of a legislative body or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the presiding officer, or otherwise interferes with the orderly course of a meeting of a legislative body is guilty of a misdemeanor. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: compliance with rules of order, AVMC 8.20.050.
2.04.100 Council meetings – Rules of order and debate.
A. Presiding Officer May Debate and Vote. The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members of the city council and shall not be deprived of any of the rights and privileges of a member of the city council by reason of acting as the presiding officer.
B. Conduct of Speaker. Every member desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.
C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call said member to order or as herein otherwise provided. If a member of the city council, while speaking, be called to order, said member shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
D. Motion to Reconsider. A motion to reconsider any action taken by the council may be made only on the day such action was taken. Such motion must be made by one on the prevailing side but may be seconded by any member. A motion to reconsider shall have precedence over all other motions, and/or over a member having the floor and shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or other motion at a subsequent meeting of the council when said issue is on the noticed council meeting agenda.
E. Rules of Order. The presiding officer shall state every question coming before the city council, announce the decision of the city council on all subjects and decide all questions of order or procedure. Robert’s Rules of Order, if used, shall only be used as a guide and is not conclusive authority on any question of order or procedure. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: compliance with rules of order, AVMC 8.20.050.
2.04.110 Approved minutes as official record of proceedings.
A. Approval of Minutes. Unless the 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 city clerk has previously furnished each member with a copy thereof.
B. Designated as Official Record. The approved written minutes constitute the official record of city council proceedings and actions and are superior to any other record, recordation, document, transcript, audiotape, videotape or other memorial or writing of said proceedings and actions. Any other recordings, tapes and records of council proceedings which may be deemed duplicate records shall be kept only as required by California Government Code Section 34090.7 as it presently exists and as it may from time to time be amended. The city council authorizes the city clerk to store and destroy said duplicate records in accordance with said section of the California Government Code.
C. Audio Tape Retention. Whenever an audio tape of city council proceedings is made by the city clerk to assist in the preparation of the minutes, said tape should only be kept until the minutes for that meeting are prepared and approved by the city council. Thereafter, any tape so made shall be destroyed in accordance with California Government Code Section 34090.7.
D. Audio Tape Accessibility to the Public. During the period that an audio tape of a city council meeting is in the custody of the city clerk, the city clerk shall, upon request, make the tape available to interested members of the public during normal business hours.
E. Subsections (A) through (D) of this section shall apply to the minutes of the meetings of any city board, commission, committee, task force or agency after the board, commission, committee, task force or agency have approved the same.
F. The provisions of this section shall apply to all minutes and tapes which have been approved by the body conducting the meeting. [Ord. 2010-126 § 1 (Exh. A)].
2.04.120 Council compensation.
The mayor and each member of the city council of the city of Aliso Viejo shall receive as salary the sum of $520.00 per month. [Ord. 2010-126 § 1 (Exh. A); Ord. 2007-088 § 2; Ord. 2001-004 § 1].
2.04.125 Term limits.
A. No person shall be eligible to serve as a member of the city council for more than two consecutive four-year terms following the adoption of the ordinance codified in this section commencing with and including those persons elected to serve as a member of the city council in the November 8, 2022, election. Notwithstanding the foregoing, any person who is appointed by the city council or elected to fill a vacant office of a member of the city council for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination and election for two consecutive four-year terms thereafter.
B. Any person who shall be ineligible for election, appointment, or further services as a member of the city council due to the limitation set forth in subsection (A) of this section shall again be eligible for election or appointment as a member of the city council, and a new period of consecutive years of service shall commence; provided, that at least two years have or will have elapsed between the most recent date of such person’s prior service as a member of the city council and the effective date of such person’s most recent election or appointment to such office.
C. The phrase “two years” as used in subsection (B) of this section shall mean the period between the date of the declaration of the results of any general municipal election held in November of an even-numbered year and the date of the declaration of the results of any general municipal election held in November of any immediately preceding or immediately succeeding even-numbered year, even though such period may be more or less than an actual period of two years. [Ord. 2022-232 § 1].
2.04.130 Selection of mayor and mayor pro tem.
A. The city council shall select one member of the city council to serve as mayor and one member of the city council to serve as mayor pro tem on an annual basis at the first meeting of the city council in December of each year.
B. The term for mayor and mayor pro tem shall commence on the first day of January each year.
C. Selection of the mayor and mayor pro tem may occur at any regular, special or adjourned meeting of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-022 §§ 1 – 3].
2.04.140 Electronic filing of campaign disclosure statements and statements of economic interest.
A. Any elected officer, candidate, committee, or other person required to file statements, reports or other documents described by Chapter 4 (Campaign Disclosure) of Title 9 (Political Reform) of the California Government Code, and that has received contributions and made expenditures of $2,000 or more, may electronically file such statements using a procedure established by the city clerk. Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to this subsection (A), all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
B. Any person holding a position listed in California Government Code Section 87200 or designated in the city’s conflict of interest code adopted pursuant to California Government Code Section 87300 may file any required statement of economic interest report online or electronically with the city clerk.
C. An elected officer, candidate, committee, or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the city clerk, until such time as the city council determines that electronic filing is mandatory for all filers.
D. In any instance in which an original statement, report, or other document must be filed with the California Secretary of State or other agency, and a copy of that statement, report, or other document is required to be filed with the city clerk, the filer may electronically file a copy with the city clerk, or may file in a paper format.
E. If, for technical reasons, the city’s electronic filing system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee, or other person shall file that document with the city clerk in paper format. [Ord. 2021-219 § 1].
2.04.150 City council campaign finance limitations and regulations.
Repealed by Ord. 2025-248. [Ord. 2022-230 § 3].