A. 
The regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 5:30 p.m. for closed session matters, if required. The public session shall commence at 6:30 p.m. 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.
B. 
Subsequent to the adoption of this section, the City Council may change the day and time of its regular meetings by resolution of the City Council.
(Ord. 165 § 1, 2007; Ord. 302 § 3, 2018; Ord. 367, 2/6/2024)
The regular meetings of the City Council shall be held at the City Council Chambers at the City of Lake Forest Civic Center Campus, located at 100 Civic Center Drive, Lake Forest, CA, 92630, unless an alternate location is determined by the City Council.
(Ord. 165 § 1, 2007; Ord. 367, 2/6/2024)
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.
(Ord. 165 § 1, 2007)
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 in Section 54954.2(b) of the Government Code of the State of California.
(Ord. 165 § 1, 2007)
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 54954.2(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. 165 § 1, 2007)
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 or by mail, 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 of 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. 165 § 1, 2007)
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 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:
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. 
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.
C. 
During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Government Code Section 54957 if agreed to by a 2/3 vote of the members of the legislative body present, or, if less than 2/3 of the members are present, by a unanimous vote of the members present.
D. 
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.
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 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.
(Ord. 165 § 1, 2007)
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.
(Ord. 165 § 1, 2007)
Any person who disrupts a meeting by engaging in disorderly conduct, using loud or boisterous language, refusing to be seated or keep quiet when ordered to do so by the Mayor or other presiding officer, or otherwise impeding the orderly conduct of the meeting, is guilty of a misdemeanor and is subject to removal from the meeting.
(Ord. 165 § 1, 2007)
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. 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 City Council, announce the decision of the City Council on all subjects and decide all questions of order or procedure. Questions of order or procedure are, however, subject to appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine said question 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. 165 § 1, 2007)
A. 
Approval of Minutes. Unless the reading of the minutes of a City 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, 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 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 Government Code.
C. 
Video Recording Retention. Whenever a video recording of City Council proceedings is made by the City Clerk to assist in the preparation of the minutes, said recording shall not be destroyed except as otherwise authorized by law.
D. 
Subsections A through C 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 and the City Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretary or clerk shall retain any video recording made of the proceedings to assist in the preparation of the minutes and such recording shall not be destroyed except in accordance with law.
E. 
The provisions of this section shall apply to all minutes which have been approved by the body conducting the meeting and by the City Council.
(Ord. 165 § 1, 2007; Ord. 358 § 6, 2022)
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 Section 36514.5 of the California Government Code. Members of the City Council shall also be eligible for the same fringe benefits and automobile mileage as and to the same extent as regular City employees.
(Ord. 165 § 1, 2007)
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 in accordance with Chapter 2.06 of this Code.
(Ord. 165 § 1, 2007; Ord. 304 § 3, 2018)
A. 
For purposes of this section, "City official" means a City Councilmember, Mayor, Mayor Pro Tem, City Manager, City Attorney and the heads of the City Departments.
B. 
No former City official, for two years after leaving office after termination of his or her service or employment with the City, shall, for compensation, act as the agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the City Council, the City Planning Commission, any present member of the City Council or Planning Commission, or any officer or employee of the City, if the purpose of the appearance or communication is to influence legislative or administrative action by the City, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.
C. 
No former City official, for two years after leaving office or after termination of his or her service or employment with the City, shall, for compensation, knowingly aid, counsel, advise, consult or assist any other person in connection with an appearance or communication, in relation to any case with the intent to influence legislative or administrative action by the City, including, but not limited to, influencing any action or proceeding for any license, permit or other entitlement for use.
D. 
The following activities are not subject to the prohibition in this section:
1. 
Appearances or communications made by a former City official for the sole purpose of representing himself or herself or any member of his or her immediate family, in his or her individual capacity in connection with any matter pending before the City.
2. 
If a former City official is employed by a firm or business, appearances or communications by any other employees, officers, members or partners of the firm or business, provided that the former City official is not personally involved and does not personally participate in any way that is prohibited by this chapter.
3. 
If a City official becomes an officer or employee of another public agency, appearances or communications made by the former City official on behalf of that other public agency in connection with any matter pending before the City.
(Ord. 165 § 1, 2007)
No person shall be eligible to serve in the office of City Council member or Mayor for more than two four year terms following the adoption of this measure, commencing with those elected in the November 6, 2018 election. Notwithstanding the foregoing, any person who is appointed by the City Council or elected to fill a vacant office of a City Council member or Mayor for the balance of a four year term, but who serves for less than four years in that office, shall be eligible for nomination and election for two consecutive four year terms thereafter.
(Ord. 270 § 1, 2014; Ord. 310 § 1, 2018)
The purpose of this chapter is to provide procedures for: (a) the appeal from; and (b) the call for review of, determinations and decisions of City officials and the Planning Commission. Any appeal provided for in this Code is considered a call for review and processed according to this chapter when initiated by at least two members of the Planning Commission or City Council, respectively, under Section 2.04.100 if the stated purpose for the call for review is to bring the matter before the entire body for review and additional consideration, and no argument or other explanation is offered by the person or persons calling for review.
(Ord. 278 § 3, 2015)
A. 
Except as provided in subsection B, a right of appeal exists under this chapter for:
1. 
Any administrative decision made by an official of the City under any provision of this Code or any code adopted by reference by the City; and
2. 
Any decision of the Planning Commission on a discretionary permit issued under Section 9.184.020 of this Code.
B. 
No right of appeal under this chapter exists for:
1. 
An administrative decision that is ministerial, i.e., that does not involve the exercise of administrative discretion or personal judgment, regardless of whether the decision involves the denial, conditional approval, suspension, or revocation of a permit, license, approval, or any other administrative decision;
2. 
A decision for which this Code provides an appeal to a hearing officer in accordance with the provisions of Chapter 1.12 or some other alternative appeals procedure specifically provided for outside of this chapter; or
3. 
A decision relating to law-enforcement activities.
C. 
An administrative decision made by an official of the City under any provision of this Code or under any code adopted by reference by the City, except for those decisions related to a site development permit application for a Class 4 wireless communication facility, is appealable to the City Council if such decision has first been taken up with the applicable department head and the City Manager within 15 days of the date of written notice of the administrative decision and each such official has not adjusted the matter to the aggrieved party's (hereafter, the "appellant") satisfaction within another 15 days. If the decision at issue was made by a department head, then the decision need only be taken up with the City Manager.
D. 
A decision of the Director of Community Development on a discretionary permit issued under Section 9.184.020 is not subject to subsection C; rather, it is appealable to the Planning Commission without being processed through the City Manager, unless this Code specifies that the decision is appealable under Chapter 1.12, in which case the decision is not appealable to the Planning Commission. An appeal to the Planning Commission must be filed and noticed as provided in Section 2.04.110. This subsection does not apply to decisions related to a site development permit for a Class 4 wireless communication facility.
E. 
A decision of the Planning Commission is appealable directly to the City Council under Sections 2.04.110 through 2.04.130 of this chapter.
F. 
A decision of the City Clerk regarding requests for inspection or duplication of City records under the California Public Records Act is appealable to the City Manager without public notice, hearing, or other procedures required by this chapter.
G. 
A decision of the Director of Community Development on a site development permit application for a Class 4 wireless communication facility is not subject to subsections C or D; rather, it is appealable to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City. The appeal must be filed within two business days of receiving a notice of decision from the City, unless the City Manager extends the time therefor. There will be no public notice of the appeal or public hearing. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
(Ord. 278 § 3, 2015; Ord. 316 § 4, 2019; Ord. 321 § 4, 2019)
A. 
A notice of decision of: (1) the Director of Community Development on discretionary permits under Section 9.184.020; or (2) the Planning Commission must be issued as follows:
1. 
In writing by mail to the applicant and any other person requesting written notice in advance of such decision; and
2. 
As otherwise required by law.
B. 
A written notice of appeal must be filed within the following time periods:
1. 
An appeal of a decision of the Director of Community Development to the Planning Commission must be filed within 15 days after the City's issuance of the notice of the Director's decision;
2. 
An appeal of a Planning Commission decision to the City Council must be filed within 15 days after the date of the City's issuance of the notice of the Planning Commission's decision;
3. 
An appeal of any other administrative decision must be filed within five days after the expiration of the 15 day deadline provided in Section 2.04.100(C) of this chapter.
C. 
The City Clerk must reject as untimely any appeal filed outside the deadlines in subsection B, and the City may not take any further action on the appeal.
D. 
The notice of appeal must set forth the following:
1. 
The specific action appealed;
2. 
The specific grounds for the appeal; and
3. 
The relief or action requested from the Planning Commission or City Council.
E. 
Any notice of appeal not containing the information required by subsection D must be returned to the appellant by the City Clerk with a statement specifying those parts of the notice of appeal that are incomplete and indicating the manner in which they can be made complete. The appellant then has five days in which to complete and refile the notice of appeal.
F. 
A written notice of appeal from the determination of an administrative official or from an administrative body of the City, as the case may be, must be accompanied by the appropriate appeal fee, as established by resolution under Section 2.04.120(B), except where the City Council makes each of the following determinations: (1) that the appeal involves an important right affecting the public interest, not just the appellant; (2) that the decision on appeal could confer a significant benefit, whether pecuniary or non-pecuniary, on the general public or a broad class of persons; and (3) that the necessity and financial burden of bringing the appeal transcend the appellant's personal interests in the controversy.
(Ord. 278 § 3, 2015)
A. 
Upon the timely filing of a notice of appeal in proper form together with the payment of the requisite appeal fee, the City Clerk shall set the appeal for hearing before the City Council or Planning Commission, as appropriate, as soon as the Clerk can properly notice the appeal and prepare adequate analysis for the reviewing body's consideration of the appeal.
B. 
The amount of the appeal fee shall be set by resolution of the City Council and may not exceed the reasonable cost to the City of processing the appeal and conducting the hearing.
C. 
The Clerk shall cause written notice of the appeal, including the time, place and date of the hearing on the appeal, to be given to the appellant and to the applicant of the appealed decision, if the applicant is not the appellant, not less than five days before the 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 that made the decision being appealed.
(Ord. 278 § 3, 2015)
During the same time period allowed for an appeal under Section 2.04.110(B), two or more members of the Planning Commission or City Council, or the Planning Commission or City Council as a body, may notify the City Clerk orally or in writing that the body (or members thereof) wish to bring a previous determination before the entire body for review and additional consideration. No argument or other explanation should be offered by the members calling for review. If notification of the call for review is oral, the City Clerk should make a contemporaneous written record of the notification. The review is a hearing de novo. No fee is required for a call for review. In all other respects, a call for review is treated as an appeal under this chapter.
(Ord. 278 § 3, 2015)
A. 
Notice of any appeal hearing held under this chapter is given by publishing notice of the same in a newspaper of general circulation in the City at least once not less than 10 days before the date of such hearing, by such other means as the reviewing body deems necessary, and as otherwise required by law.
B. 
The reviewing body's consideration of the appealed decision is de novo, and the reviewing body may take any action that might legally have been taken in the first instance. In addition to testimony and evidence presented at the appeal hearing, the reviewing body may consider information in the record of the hearing from which the appeal is taken. The reviewing body may continue its hearing on the matter from time to time to a certain date and may refer the matter to the previous hearing authority for additional input before making its final determination.
C. 
As a hearing de novo, an appeal or call for review under this chapter completely takes the place of and nullifies the former determination of the matter. To take any action or issue any approval, the reviewing body must act by majority vote. A tie vote by the reviewing body results in a denial, even if the former determination initially resulted in an approval.
D. 
Within five days after action on an appeal, the City must cause written notice of the decision to be served on the appellant, and on the applicant of the appealed decision if the applicant is not the appellant, by first-class mail. The notice of decision must be in substantially the same form as below:
CITY OF LAKE FOREST
NOTICE OF DECISION OF APPEAL
Notice is hereby given that the City [Council, Commission, etc.] has [action taken] on the appeal filed by [Party]. City [Council, Commission, etc.] action on this matter is now final.
If you wish to challenge this decision in court, please be advised that you might be limited to the statute of limitations period set forth in Chapter 2.50 of the Lake Forest Municipal Code. This statute of limitations might be as short as 90 days from the date of this Notice.
Dated: ____________
______________________________________
(City Clerk or other responsible officer).
(Ord. 278 § 3, 2015)
The provisions of Chapter 2.50 of this Code apply to decisions made under the provisions of this chapter. A person may not seek judicial review of a City decision on a permit or other matter until all appeals have first been exhausted in compliance with this chapter.
(Ord. 278 § 3, 2015)