The regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 5:00 p.m. The City Council may recess the meeting and reconvene at 6:00 p.m. Public hearings shall be set for and held at 6:00 p.m. (or as soon thereafter as possible) at regular City Council meetings.
(Amended by Urgency Ord. 91-03, 2/13/91; Ord. 91-06, 3/12/91; Ord. 97-04, 8/26/97; Ord. 02-16, 11/26/02; Ord. 02-17, 12/12/02; Ord. 03-02, 1/9/03; Ord. 03-03, 1/22/03; Ord. 07-01, 2/6/07; Ord. 08-10, 12/2/08; Ord. 11-06, 11/14/11; Ord. 23-07, 11/7/2023)
For the purposes of this Chapter, the definitions of "legislative body," "regular meeting," and "special meeting" as set forth in Section 54950 et seq., of the Government Code of the State of California, shall apply.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
At least 72 hours before a regular meeting, any legislative body of the City, or its designee, shall post an agenda 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 disallow the legislative body to take action on items of business not appearing on the posted agenda and under any of the conditions set forth at Section 54954.2(b) of the Government Code of the State of California.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
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 Government Code Section 54954(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.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
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 personally, by mail or email 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 or email, 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 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 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.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
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 hours posting requirement of Government Code Section 54956 or both the notice and posting requirement. For the purposes of this Section, "emergency situation" means any of the following:
(a) 
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.
(b) 
Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to 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.
Notwithstanding Government Code Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this Section.
All special meeting requirements as prescribed in Government Code Section 54956 shall be applicable to a meeting called pursuant to this Section, with the exception of the 24-hour notice requirement.
The minutes of a meeting called pursuant to this Section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, 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.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
The provisions of this Chapter shall be enforceable pursuant to the provisions of Government Code Sections 54960 through 54960.5, as said Sections may be amended.
(Added by Ord. 91-1, 1/8/91; amended by Ord. 23-07, 11/7/2023)
Any person using profane, vulgar, loud, or boisterous language at any 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.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
Presiding Officer May Debate and Vote. The Mayor or in the Mayor's absence such other member of the Council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a member of the Council by reason of acting as the presiding officer.
(b) 
Conduct of Speaker. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine him 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, while speaking, be called to order, said member shall cease speaking until the question of order be determined, and, if in order, he or she 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 and must be made during the meeting at which the action is taken. A motion to reconsider shall have precedence over all other motions, and/or over a member having the floor; a reconsideration motion 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 Council, announce the decision of the Council on all subjects and decide all questions of order. Questions of order are, however, subject to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine said question of order. 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. 90-02, 1/23/90; amended by Ord. 23-07, 11/7/2023)
(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. Minutes shall be approved by voice or roll call vote.
(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, memorial or writing of said proceedings and actions.
(c) 
Recorded Audio and Video Retention. Whenever a video of City Council or other City commission/committee meeting is created by the City and is available for viewing through the City's website, said audio/video shall be kept permanently.
(d) 
Audio and Video Accessibility to the Public. Recorded audio and videos of City meetings will be available for public review through the City's website www.danapoint.org. Members of the public may request a duplicate copy of recorded City meetings by contacting the City Clerk's office. Fees for duplication of audio/videos of City meetings shall be in accordance with rates established in the City's Schedule of Service Fees.
(e) 
Subsections (a) through (d) 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 and the City Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretary or clerk shall cause any audio tape made of the proceedings to assist in the preparation of the minutes to be destroyed in accordance with Government Code Section 34090.7.
(f) 
The provisions of this Section shall apply to all minutes and tapes which have been approved by the body conducting the meeting and by the City Council.
(Ord. 90-02, 1/23/90; amended by Ord. 91-1, 1/8/91; Ord. 93-15, 10/26/93; Ord. 99-02, 2/9/99; Ord. 17-04, 10/3/17; Ord. 23-07, 11/7/2023)
The compensation for each City Council member shall be a $718.35 per month stipend.
(Amended by Ord. 90-6, 4/24/90; Ord. 99-08, 8/1/99; Ord. 02-05, 3/26/02; Ord. 23-07, 11/7/2023)
With prior approval of the City Council, each member of the City Council shall receive reimbursement for actual and necessary expenses incurred in the performance of official duties for the City, pursuant to the provisions of Section 36514.5 of the California Government Code.
(Amended by Ord. 23-07, 11/7/2023)
The auto allowance for each member of the Council shall be $275 per month. The amount of the auto allowance available to each City Council members may be adjusted by resolution of the City Council.
(Added by Ord. 99-10, 8/10/99; amended by Ord. 02-05, 3/26/02; Ord. 23-07, 11/7/2023)
Each City Council member shall be eligible to enroll in the City's monthly group health and life insurance plans at their sole option and at their sole expense. The categories of health and life insurance plans made available to said City Council members shall reflect the health and life insurance plans made available to City department heads.
(Added by Ord. 99-09, 8/10/99; amended by Ord. 01-05, 8/28/01; Ord. 02-05, 3/26/02; Ord. 06-12, 12/13/06; Ord. 23-07, 11/7/2023)
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.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
Except when an appeals procedure is otherwise specifically set forth in the Dana Point Municipal 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 or her 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 the Dana Point Municipal 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 the Dana Point Municipal 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.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
No notice of appeal shall be acted upon unless filed within 10 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 10 days after being apprised of such determination, demand service of written notice thereof, and shall have 10 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. In the event 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 be established by resolution of the City Council.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
Upon the timely filing of a Notice of Appeal in proper form, and the payment of the requisite appeal fee, the City Clerk shall schedule the matter for de novo hearing promptly before the City Council 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 the appeal relates.
(b) 
If two or more members of the City Council file with the City Clerk, within the time for the filing of an appeal as set forth in Subsection 2.04.110(a) of this Chapter, written requests to have a decision of the Planning Commission brought to the City Council for review, the City Clerk shall schedule the matter for Council consideration at the earliest possible date. The filing of such two written requests shall constitute, for all purposes, an appeal brought pursuant to this Subsection shall not require payment of the appeal fee required by Section 2.04.110(c) of this Chapter.
(Amended by Ord. 89-19, 7/27/89; Ord. 23-07, 11/7/2023)
(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 or her notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed, or modified. Unless otherwise directed by the Mayor, the appellant representative and applicant representative may have five minutes to present their testimony and an additional five minutes for rebuttal. 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.
(Amended by Ord. 23-07, 11/7/2023)