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.
2.04.150 City council campaign finance limitations and regulations.
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.
A. Intent. It is the intent of the city council of the city of Aliso Viejo in enacting this section to place realistic and constitutionally enforceable limits on the amount which may be contributed to candidates’ political campaigns in city elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by state law. This section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this section, that Act shall prevail. This section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and California Government Code Section 81013.
B. Definitions.
1. “Candidate” means an individual who:
a. Is listed on the ballot;
b. Who has qualified to have write-in votes on that individual’s behalf counted by election officials; or
c. Who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual’s behalf for nomination for or election to any elective city office; or
d. Who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual’s nomination or election to any elective city office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
“Candidate” includes any individual running to replace an incumbent city officer who is the subject of a recall election but does not include any person within the meaning of Section 301(b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (California Government Code Section 84214, or successor statute).
2. “City election” means any general or special election, including a vacancy or recall election held within the city for elective city office or on a city measure. Each general or special election is a separate election for purposes of this section.
3. “City measure” means any proposition for the issuance of funding or refunding of bonds of the city, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the city at any election held throughout the entire city. “City measure” includes any measure which is submitted to a popular vote at an election by action of the city council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.
4. “Person” means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
Except as otherwise stated herein, the terms of this section shall have those definitions provided in the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.
C. Campaign Finance Disclosure/Electronic Filing.
1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (California Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this section.
2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate’s election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended.
3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate’s election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.
4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, online or electronically with the city clerk.
5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.
6. If the city clerk’s electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.
D. Limits on Campaign Contributions.
1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed $1,000.
2. A candidate for elective office shall have no more than one candidate-controlled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. This subsection shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.
3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.
4. The limit in subsection (D)(1) of this section shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with state law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate’s own campaign. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the limit set forth in subsection (D)(1) of this section.
5. The limit in subsection (D)(1) of this section shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in subsection (C) of this section shall apply.
6. The limit in subsection (D)(1) of this section shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent city officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent city officer. The disclosure requirements for all committees set forth in subsection (C) of this section shall apply.
7. The limit in subsection (D)(1) of this section shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in subsection (C) of this section shall apply.
8. The limit in subsection (D)(1) of this section shall not apply to political contributions made prior to the effective date of the ordinance codified in this section.
9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the city clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.
E. Suppliers of Goods and Services – Disclosure of Records Required. No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person’s record of any expenditures made by the candidate or committee in payment for such goods or services or both.
F. Duties of the City Clerk. In addition to other duties required of the city clerk under the terms of this section, the city clerk must:
1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;
2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law and this section;
3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law and this section;
4. Compile and maintain a current list of all statements or parts of statements filed with the city clerk’s office pertaining to each candidate and each city measure.
G. Enforcement. Allegations of violations of this section may be referred to the district attorney for criminal prosecution. No enforcement, referral, prosecution or legal action shall be subject to review or control of the city council, city staff, or the city attorney.
H. Penalties.
1. Any person who knowingly or willfully violates any provisions of this section is guilty of a misdemeanor.
2. If any person is found to have violated subsection (D) of this section, whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the city manager for deposit into the city’s general fund. If any person is found to have violated any other subsection of this section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000 for any period in excess of 60 days following said violation, and shall be paid to the city manager for deposit into the city’s general fund.
3. If any candidate is convicted of a violation of any provision of this section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by state law, to declare the candidate’s election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable state law. The court shall also be authorized to declare the candidate/officer ineligible to hold any city office, up to the maximum amount of time allowed by state law for the offense.
I. Rules of Construction. This section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this section which does not directly affect the jurisdiction of the city to control campaign contributions and expenditures voids the effect of this section. [Ord. 2022-230 § 3].