Villa Park Municipal Code Art. 2-2 City Council

Footnotes:

--- (2) ---

For statutory provisions regarding City Council meetings, see Gov. Code §§ 36805—36811.

Article 2-2 was amended by Ord. #87-356 to read as set forth in subsections 2-2.1—2-2.14. The section formerly consisted of subsections 2-2.1—2-2.11 and was derived from Ord. #82-323, §§ 2—10, and Ord. #62-2, §§ 1—3.

Although Government Code Section 36516 authorizes the enactment of an ordinance providing a salary for each member of the City Council, there shall be no salary for any member of the City Council in the City of Villa Park.

(Ord. #87-356, § 1)

Regular meetings of the City Council shall be held on the fourth Tuesday of each month and shall convene at the hour as established by Resolution of the City Council. When the day for any regular meeting of the City Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same hour on the next succeeding day which is not a holiday.

(Ord. #87-356, § 1)

All regular meetings of the City Council shall be held at the Villa Park City Hall, 17855 Santiago Boulevard, Villa Park, California.

(Ord. #87-356, § 1)

Special meetings may be called at any time by the Mayor or by determination of the majority of the City Council. Written notice of any such meeting must be given to all members of the City Council and to all newspapers, radio stations, television stations, or other media who have previously requested same in accordance with applicable provisions of the Government Code. Such notice may be given either personally or by mail, but must be received at least twenty-four (24) hours before the time set for the special meeting. Such notice is not necessary for any member who submits a written waiver of notice to the City Clerk at or before the time set for the meeting, or for any member who is actually present at the special meeting.

(Ord. #87-356, § 1)

A special emergency meeting may be called by the Mayor or by a majority of the City Council where there exists:

1. A work stoppage, crippling disaster or other activity which severely impairs public health or safety; or

2. Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed and conducted only in accordance with the procedures set forth in State law.

(Ord. #87-356, § 1)

The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. If a closed session is included on the agenda, the description of the item need only identify the statutory basis for the closed session, and need not include the specific topic which is the subject of the closed session. During closed session, the City Council may exclude any person or persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the City Council during a closed session are required. There shall be no closed session during any special emergency meeting.

(Ord. #87-356, § 1)

The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Council member at least three (3) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special was held within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held it shall be held at the hour specified for regular meetings.

(Ord. #87-356, § 1)

a. The City Clerk shall prepare the agenda and all such matters according to the order of business and deliver or mail a complete copy of such agenda, together with supporting materials, to each councilman and each department head as soon as possible, but in no event later than the Wednesday preceding the Council meeting.

b. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description need not set out the specific action or alternatives which will be considered by the City Council, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda.

c. No action shall be taken by the City Council, on any item not appearing on a posted agenda, subject only to the exceptions listed in subsection e below. "Action taken" as used herein shall mean a collective decision made by a majority of the quorum of the City Council, a collective commitment or promise by a majority of the quorum of the City Council to make a positive or a negative decision, or an actual vote by a majority of the quorum of the City Council upon a motion or proposal, resolution, order or ordinance. With regards to matters not on the agenda, the members of the City Council may ask questions of persons who raise such matters during the "Public Comment" period or otherwise, and the Mayor should handle such matters as provided in subsection 2-3.10c, infra, but such questions should be limited to informational purposes, and the City Council should avoid discussions of the merits or giving directions regarding such subjects. With regards to matters raised by members of the City Council under "Items from Members," such matters should normally be placed on the agenda and the Mayor should handle such matters as provided in subsection 2-3.10e, infra, without discussion by the City Council.

d. Every agenda posted for any regular or special meeting shall contain an item consisting of an opportunity for the public to address the City Council on items of interest to the public within the City Council's subject matter jurisdiction. This Public Comment period shall be conducted in accordance with the procedures set forth in subsection 2-3.10, infra.

(Ord. #87-356, § 1)

The City Council may take action at a meeting on an item not appearing on the agenda for that meeting only under one (1) of the following circumstances:

1. Upon a majority determination that an "emergency situation," as that term is defined by State law, exists (see subsection 2-2.6).

2. Upon a determination by a two-thirds vote of the City Council, or if less than two-thirds of the members are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting. For the purposes of this subsection, the term "need to take action" shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the immediate attention of the City Council. The mere failure of any person to notify the City Council or staff of a preexisting situation requiring City Council attention until after the time for the posting of the agenda shall not be deemed to constitute a "need to take action" hereunder. If the City Council makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the "need to take action" and why the item could not be placed on the agenda.

3. Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date of the meeting at which action is to be taken, and at the prior meeting the item was continued to the meeting at which action is being taken.

(Ord. #87-356, § 1)

a. Post of Notice and Agenda. For every regular or special meeting, the City Clerk or his or her designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting. The notice and agenda may be combined in a single document.

b. Location of Posting. The notice and agenda shall be posted in a place to which the public has unrestricted access during at least normal business hours and where the notice and agenda are not likely to be removed or obscured by other posted material. Specifically, the notice and agenda shall be posted at the places indicated in Article 2-5.

c. Posting for Regular Meetings. For any regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting.

d. Posting for Special Meetings. For any special meeting of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting.

e. Affidavit of Posting. Immediately following the posting of the notice and agenda, the City Clerk or his or her designee shall complete an Affidavit of Posting, in a form to be developed by the City Clerk. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such affidavits, together with a copy of each notice and agenda so posted, in his or her files.

(Ord. #87-356, § 1)

The City Council hereby designated itself as the planning agency for the City of Villa Park pursuant to the provisions of Government Code Section 65100.

(Ord. #87-356, § 1)

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

b. Prior Approval of Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney or his authorized representative and shall have been examined and approved for the administration by the City Manager or her authorized representative where there are substantive matters of administration involved.

c. Ordinances, Resolutions and Other Matters or Subjects. Ordinances, resolutions and other matters or subjects requiring action by the City Council shall be introduced and sponsored by a member of the City Council; except that the Mayor, City Manager or City Attorney may present ordinances, resolutions or other matters or subjects to the City Council, and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions or other matters or subjects be adopted; otherwise they shall not be considered.

(Ord. #87-356, § 1; Ord #2015-595, § 1)

The City Council may, by appropriate action, create those positions necessary for the orderly function of a City.

The City Council may, by appropriate action, fill those positions that are allowed under the Government Code of the State of California.

The City Council, in appointing said officers, or in creating those positions they deem advisable, shall define the duties therefor and determine the rate of compensation to be paid.

(Ord. #87-356, § 1)

A person is ineligible to hold office as a member of the City Council if such person has subsequent to January 1, 1998 served on the City Council for two (2) full terms.

(Ord. #87-356, § 1; Ord. #98-456, § 1; Ord. #2006-522, § 1)