Yucca Valley Municipal Code § 2.05 Mayor and Town Council

A. Pursuant to California Government Code section 36516, compensation shall be paid to each member of the Town Council in an amount not to exceed the compensation schedule of such section as adjusted. More particularly, effective January 1, 2025, the amount of compensation to be paid to each member of the Town Council shall be the sum of nine hundred and fifty dollars ($950.00) per month with no automatic future increases absent amendment of this section. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the Town Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the Town; and, accordingly, each member of the Town Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties of the Town, pursuant to the provisions of California Government Code section 36514.5. Such reimbursement shall be as established by a policy resolution adopted by the Town Council.

B. Members of the Town Council are entitled to those same benefits that are available, and paid by the Town, for its employees in accordance with California Government Code section 36516(d). (Ord. 272, 10-17-2017; Ord. 292, 5-18-2021; Ord. 306, 6-6-2023; Ord. 313, 2-20-2024)

A. The Town Council and its members shall deal with the administrative services of the Town only through the Town Manager, except for the purpose of inquiry, and neither the Council nor any members thereof shall give orders to any subordinates of the Town Manager, either publicly or privately.

B. Neither the Council nor any of its commissions or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the Town Manager or in any manner interfere with the Town Manager or prevent him/her from exercising his/her own judgment in the appointment of officers and employees in the administrative service. (Ord. 223, 3-1-2011)

The Town Council finds and declares there is a need for a Redevelopment Agency to function in the Town pursuant to the provisions of the Community Redevelopment Law 1 . The Town Council declares itself to be the Redevelopment Agency of the Town. (Ord. 223, 3-1-2011)

Pursuant to California Health and Safety Code section 33114, compensation shall be paid to each member of the Redevelopment Agency in the amount set forth in the schedule of such section. More particularly, the amount of compensation to be paid to each member of the Redevelopment Agency shall be the sum of thirty dollars ($30.00) per agency meeting attended by the member, in accordance with California Health and Safety Code section 33114.5. No member shall receive compensation for attending more than four (4) meetings of the agency per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the Redevelopment Agency as reimbursement for actual and necessary expenses incurred by him/her in the performance of official duties for the agency; and accordingly, each member of the agency shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties of the agency. Such reimbursement shall be as established by a policy resolution adopted by the Town Council. (Ord. 223, 3-1-2011)

No member of the Town Council shall be eligible for appointment to any authorized position, contract employment position or Town lobbyist until one year has elapsed after such Council member has ceased to be a member of the Town Council. (Ord. 223, 3-1-2011)

The Town Council has adopted by resolution the rules and procedures for Council, constituent body and commission meetings and other related functions and activities, entitled the "Manual of Procedural Guidelines for the Conduct of Town Council and Constituent Body/Commission Meetings", as amended from time to time by resolution of the Town Council (hereinafter, the "Procedures Manual"). (Ord. 248, 5-6-2014)

A. Appointment: Pursuant to Government Code section 36512(b), the Town Council may fill a vacancy on the Town Council by appointment within the time frame established by State law. An appointment under this subsection shall be for the remainder of the term of the former incumbent.

B. Special Election: Pursuant to Government Code section 36512(b), the Town Council may fill a vacancy on the Town Council by calling a special election within the time frame and process called for under State law. The term of office under this subsection following the special election shall be for the remainder of the term of the former incumbent.

C. Interim Appointment And Special Election: Pursuant to Government Code section 36512(c)(3), the Town Council also has the option of filling a vacancy on the Town Council by making an interim appointment and immediately calling a special election. Such interim appointment and calling of a special election shall be done within the time frame called for under State law. The special election may be held on the date of the next regularly established election or regularly scheduled Municipal election to be held throughout the Town not less than one hundred fourteen (114) days from the call of the special election. An appointment under this option shall be only for that period of time until the results of the special election for the vacant Council seat are certified and accepted by the Town Council. Thereafter, the person elected to fill the vacant Council seat shall serve the remainder of the term of the former incumbent.

D. No Majority Appointed Council: Notwithstanding any other provision of this section, an appointment shall not be made to fill a vacancy on the Town Council if the appointment would result in a majority of the members serving on the Town Council having been appointed. In that instance, the vacancy shall be filled in the following manner:

1. The Town Council may call an election to fill the vacancy, to be held on the next regularly established election date not less than one hundred fourteen (114) days after the call.

2. If the Town Council does not call an election pursuant to subsection D1 of this section, the vacancy shall be filled at the next regularly established election date.

E. Election Form: If authorized by State law, if the Town Council determines to call a special election, the Council may determine that that election will be conducted as an all mailed ballot election or a special election as set forth herein.

F. Vacancy In Seat Of Rotational Mayor Or Mayor Pro Tempore: If the Town Council vacancy to be filled pursuant to the procedures of this section consists of the seat of Mayor or Mayor Pro Tempore, then the Council members remaining after such vacancy shall, before making any appointment or calling a special election pursuant to this section, appoint the title of Mayor or Mayor Pro Tempore, as appropriate, to a currently seated Council member. Such appointment of Mayor or Mayor Pro Tempore shall be made by majority vote of the Council body present. If the seated Council members are unable to decide upon an appointment to Mayor or Mayor Pro Tempore, then the appointment shall pass according to Council member seniority. Such seniority shall be based upon the length of time each Council member has been seated; as between Council members who have held their seats for the same length of time, seniority between them shall be based on the number of votes received for their seat.

G. Not For Elected Mayor: This provision only applies in the event that the Town designates the Mayoral seat as an elected position. An elected Mayor may not be filled by an interim appointment. If a vacancy is in the Office of an elected Mayor, then the Town Council has sixty (60) days to make an appointment, and if it fails to make an appointment, then must call a special election as required by Government Code section 34902(a). (Ord. 227, 6-21-2011)