Laguna Niguel Municipal Code Div. 2 Council

The time of regular meetings of the city council shall be established by resolution of the city council.

(Ord. No. 89-4, § 1(2.04.010), 12-1-89; Res. No. 89-3, 12-1-89; Ord. No. 2007-146, § 2, 5-1-07)

The regular meetings of the city council shall be held at a location to be designated by resolution of the city council.

(Ord. No. 89-4, § 1(2.04.020), 12-1-89)

Any person using profane, vulgar, loud or boisterous language at any council meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor.

(Ord. No. 89-4, § 1(2.04.030), 12-1-89)

The city council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities.

(Ord. No. 89-4, § 1(2.04.040), 12-1-89)

When approved by the city council, each member of the council shall receive reimbursement for actual and necessary expenses incurred in the performance of official duties for the city, pursuant to the provisions of Government Code § 36514.5.

(Ord. No. 89-4, § 1(2.04.050), 12-1-89)

(a) The salary for members of the city council is hereby established at $400.00 per month commencing on December 1, 1989.

(b) Any amount paid by the city for retirement, health and welfare, and federal social security benefits shall not be included for the purpose of determining the salary established in subsection (a) of this section, provided that the same benefits are available and paid by the city for its employees.

(Ord. No. 89-2, § 3, 12-1-89)

Unless otherwise specifically provided in this Code or by state law, all city board and commission appointments, except for ex officio members where applicable, shall be made by the city council.

(Ord. No. 89-4, § 1(2.04.060), 12-1-89)

(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, conditional approval, suspension or revocation of a permit, license or other approval applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the city, if the denial, conditional approval, suspension or revocation of such permit, license or approval or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any provision of this Code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal.

(b) No appeal may be taken to any such administrative decision made by an official of the city pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction.

(c) No right of appeal to the council from any administrative decision made by an official of the city pursuant to any provision of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension or revocation of a permit, license approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving state law.

(Ord. No. 89-4, § 1(2.04.100), 12-1-89)

(a) No notice of appeal to the council shall be acted upon unless filed within ten days after service of written notice of the determination appealed from; provided that, if such notice of determination has not been served in writing, the appellant may, within ten days after being apprised of such determination, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal.

(b) The notice of appeal shall set forth:

(1) The specific action appealed from;

(2) The specific grounds of the appeal; and

(3) The relief or action sought from the city council.

If any notice of appeal fails to set forth any information required by this section, the city clerk shall return the notice to the appellant with a statement of deficiency and the appellant shall thereafter be allowed five days in which to correct and refile the notice of appeal.

(c) Except in those instances where an appeal is filed by the city manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by such fee as may have been established by resolution of the city council.

(Ord. No. 89-4, § 1(2.04.110), 12-1-89)

Upon the timely filing of a notice of appeal to the council in proper form, the city clerk shall schedule the matter promptly for the next regular meeting of the city council and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed.

(Ord. No. 89-4, § 1(2.04.120), 12-1-89)

(a) The city council may limit participation at the hearing on an appeal to the council to those parties directly interested, or may allow participation by the public. Such public participation, however, shall only occur when the council deems the public participation necessary to further the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the hearing in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary.

(b) At the hearing before the city council the appellant shall limit his presentation to the specific grounds set forth in his notice of appeal. He shall, moreover, have the burden of proving to the satisfaction of the city council that the decision appealed from should be altered, reversed of modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the previous decision. It may also take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal, the finding and action of the council shall be final and conclusive in the matter.

(Ord. No. 89-4, § 1(2.04.130), 12-1-89)