Apple Valley Municipal Code Ch. 2.04 Council

The regular meetings and regular study sessions of the Town Council commencing in December, 1988, shall be held as determined by enactment of the Town Council.

(Ord. 396, 4-28-09)

The regular meetings of the Town Council shall be held at the Council Chambers, 14955 Dale Evans Parkway, Apple Valley, California 92307. Special meetings of the Town Council shall be held at the place designated herein for regular meetings such other place as provided for in the notice and call of the meeting.

(Ord. 4, 12-6-88; Ord. 10, 2-21-89; Ord. 61, 1990; Ord. 245, 10-9-01; Ord. 250, 2-12-02; Ord. 396, 4-28-09)

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

The Town Council shall, by resolution, adopt rules of procedure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto.

Pursuant to California Government Code § 36516(a)(3) and (c), compensation shall be paid to each member of the Town Council in the amount of $811.00 per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the Town of Apple Valley; and, accordingly, each member of the Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the Town pursuant to the provisions of Government Code § 36514.5 as amended from time to time. Such reimbursement shall be as established by policy adopted by the Town Council.

(Ord. 117, 07-13-93; Ord. 257, 7-9-02; Ord. 284, 07-13-04)

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

(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this Code or other Town ordinance, or to any administrative decision made by any official of the Town, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code or other Town ordinance, and including, but not limited to, decisions or actions described in California Health and Safety Code § 19957.5, may appeal in writing to the Council by filing with the Town Clerk a written notice of such appeal.

(b) No appeal may be taken to any such administrative decision made by an official of the Town pursuant to any of the provisions of this Chapter unless such decision to appeal has been first taken up with the department head concerned and with the Town 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 Town pursuant to any of the provisions of this Code or other Town ordinance shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code or other Town ordinance, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving State law.

(Ord. 280, 3-23-04)

(a) Any notice of appeal to the Town Council must be filed within 15 days of the date of service of notice of the decision or action pursuant to Section 1.01.300 of this Code, or within 15 days of the decision or action if no notice of the decision or action is required to be given.

(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 Town Council. In the event any notice of appeal fails to set forth any information required by this Section, the Town 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 Town Manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the Town, as the case may be, shall be accompanied by a fee of $50.00 or such other fee as may be required by other enactment of the Town Council.

Upon the timely filing of a notice of appeal in proper form, the Town Clerk shall schedule the matter promptly upon the Town Council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The Town Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from.

(a) The Town Council at the hearing may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the Council deems the same necessary in 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 Town not less than five days prior to the date of such hearing, and by such other means as the Town Council deems necessary.

(b) At the time of consideration of the appeal by the Town 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 action 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 action 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 findings and action of the Council shall be final and conclusive in the matter.

(Ord. 3, 11-28-88)

A. By-district elections. Pursuant to California Government Code § 34886, members of the Town Council of the Town of Apple Valley shall be elected by-district in four single-member districts.

1. Members of the Town Council shall be elected in the electoral districts established by subdivision B of this Section and subsequently reapportioned as provided by state law. Elections shall take place "by district" as that term is defined in California Government Code § 34871, meaning one councilmember shall be elected from each district, by the voters of that district alone.

2. A councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for Town Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.

3. Termination of residency in a district by a councilmember shall create a vacancy for that Town Council district unless a substitute residence within the district is immediately declared and established within 30 days after the termination of residency.

4. Notwithstanding any other provision of this Section, the councilmembers in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the term of a councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the Town. A person appointed or elected to fill such a vacancy shall hold the office in accordance with the General Law and applicable provisions of the Town of Apple Valley Municipal Code.

B. Town Council districts and district elections. All four councilmembers shall be elected on a "by-district" basis from the Council districts shown and numbered on the map titled "Town of Apple Valley District Map" attached as Exhibit A, a copy of which shall be on file in the Town Clerk's office. In 2022, and every four years thereafter, the following two Town Council districts shall be elected by-district: District 3 and District 4. In 2024, and every four years thereafter, the following two Town Council districts shall be elected by-district: District 1; and District 2.

C. Amendment of district boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the Town Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law. The Town Council may adopt and amend such boundaries by Resolution and the Town Clerk shall cause a copy of such boundaries to be attached to this Municipal Code upon adoption.

(Ord. No. 511, § 2, 7-23-2019; Ord. No. 549(A), § 2, 2-22-2022)

Pursuant to California Government Code § 34886, beginning with the election in 2022, the Mayor shall be voted on at-large and shall have a term of two years.

(Ord. No. 549(A), § 3, 2-22-2022)

A. A person shall not make to a candidate for elective Town office, and a candidate for elective Town office shall not accept from a person, a contribution totaling more than $4,900.00.

B. On January 1, 2023, and every odd-numbered year thereafter, the limit set forth in subsection A shall be adjusted to reflect any increase or decrease in the Consumer Price Index in the same manner as the Fair Political Practices Commission adjust the limits under Government Code section 85301(d) or any successor provision.

C. Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state.

(Ord. No. 554, § 2, 3-22-2022)