Mission Viejo Municipal Code Ch. 2.04 Council

(a) The electors of the city shall elect council members at the general municipal election held every two years on the date of the statewide general election.

(b) No person shall serve more than three consecutive terms of office as a member of the city council. For the purpose of this section, a "term" shall include service on the council for any period of 731 consecutive days or longer.

(c) Any person who has served three consecutive terms as a member of the city council shall not be eligible to serve again until the expiration of at least 365 consecutive days after the end of such person's last term of office.

(d) The term limits established by this section shall apply prospectively only to those terms of office which commence on or after June 2, 1998, which is the date this section was adopted by the voters.

(Code 1988, § 2.04.010; Ord. No. 90-45, § 1, 4-23-90; Ord. No. 90-57, § 1, 1-14-91; Ord. No. 91-72, § 1, 6-24-91; Ord. No. 91-75, § 1, 9-9-91; Ord. No. 95-149, § 1, 9-25-95; Ord. No. 97-166, § 1, 4-7-97; Ord. No. 98-180, § 1, 2-16-98)

State Law reference— Regular meetings, Government Code § 36805.

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

(Code 1988, § 2.04.020)

Any person who engages in speech or conduct which disrupts, disturbs, or otherwise interferes with the orderly course of a city council meeting is guilty of a misdemeanor.

(Code 1988, § 2.04.030)

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.

(Code 1988, § 2.04.040)

The compensation for city council members shall be $1,000.00 per month. Such compensation shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the city. 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 law and city policies.

(Code 1988, § 2.04.050; Ord. No. 88-6, § 1, 3-31-88; Ord. No. 08-272, § 1, 10-20-08)

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.

(Code 1988, § 2.04.060)

(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.

(Code 1988, § 2.04.100)

(a) No notice of appeal 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 same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect 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.

(Code 1988, § 2.04.110)

Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting 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 from.

(Code 1988, § 2.04.120)

(a) The city council may limit participation at the hearing to those parties directly interested, or may allow participation by the public. Such public participation, however, shall only occur when the council deems the same 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 same 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 time of consideration of the appeal by the city council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modified. The council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may 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.

(Code 1988, § 2.04.130)

City council members shall hold office for four years from the Monday succeeding the county clerk's certification of the election and until their successors are elected and qualified.

(Ord. No. 88-8, §§ 1, 2, 3-31-88)

It shall be unlawful for any member of the city council or any employee of the city or any other person present during a closed session to disclose to any person the content or substance of any discussion which took place during such closed session or any matter legally authorized to be heard in closed session, unless the city council has authorized the disclosure of such information by majority vote.

(Ord. No. 92-97, § 1(1.200.010), 11-23-92)

Any City of Mission Viejo property or facility, or part thereof, may be named after a council member only under the following conditions:

(a) Such person has been deceased for a period of two years or more; or

(b) Such person has not served as a Council Member, for a period of five years or more.

The above restrictions shall not apply to individuals that have never been a council member.

(Ord. No. 03-214, § 1, 1-20-03)

(a) Council election dates. General municipal elections of the city shall be held on the first Tuesday after the first Monday of November in each even-numbered year. References in this chapter 2.04 to state statutes shall include any amendments thereto and any successor statutes.

(b) City council districts established. Five city council districts are hereby established in the City of Mission Viejo. The boundaries and identifying number of each district shall be as described on the official "council district map" on file in the office of the city clerk, and which council district map is incorporated by reference herein.

(c) Election of members of the city council by district.

(1) Commencing with the November 2022 general municipal election, members of the city council shall be elected "by district" as defined in California Government Code Section 34871. A person shall not be eligible to be elected by a member of the city council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Mission Viejo at the time nomination papers are issued to the candidate as provided in Section 10227 of the California Elections Code. No term of any member of the city council that commenced on or prior to the effective date of this chapter shall be affected prior to its expiration date, however this ordinance does not change, extend, or restart the determination of the number of terms served under section 2.04.010.

(2) Subject to 2.04.170 (d), the terms of the office of each member elected to the city council shall be four years, as currently established by Mission Viejo Municipal Code section 2.04.140.

(3) The terms of the office of each member elected to the city council shall be four years, as currently established by Mission Viejo Municipal Code section 2.04.140.

(d) 2026 and 2028 general municipal election and elections subsequent thereto terms of office.

(1) At general municipal election held in November 2026, the voters in council districts 1, 3, and 5 shall elect members of the city council in said districts full four year terms. At the general municipal election in 2026, the voters in council districts 2 and 4 shall elect members of the city council in said districts for two year terms. At the general municipal election held in November 2028, the voters in council districts 2 and 4 shall elect members of the city council in said districts for a full four year terms. The two year terms in districts 2 and 4 shall be deemed full terms for the application of section 2.04.010.

(e) Adjustment of council boundaries.

(1) Pursuant to Elections Code Section 21601 the city council shall adjust the boundaries of any or all the districts following each decennial federal census. Using the census as a basis, members of the city council shall adjust the boundaries so that the district shall be as equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance adopted by the members of the city council before the first day of November of the year following the year in which each decennial federal census is taken commencing with the 2030 Federal Census. The members of the city council shall hold a public hearing on the proposed district boundaries as required by applicable law prior to the introduction of an ordinance adjusting the district boundaries.

(2) At the time of any annexation of the territory to the city, members of the city council shall designate, by resolution adopted by a vote of a least a majority of the members of the city council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries, if necessary, in accordance with applicable law.

(3) Pursuant to Elections Code Section 21606 the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the he or she was elected, pursuant to the ordinance and the Mission Viejo City Code.

(4) At the first election for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the city council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire.

(Ord. No. 22-343, § 2, 3-8-22; Ord. No. 25-359, § 2, 11-11-25)

Editor's note— It should be noted that the official council district map shall be kept on file in the office of the city clerk.