Title 2: Administration And Personnel

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Chapters:

2.04 Council
2.06 Boards, Commissions and Committees--General Provisions
2.08 Town Manager
2.10 Town Clerk
2.12 Director of Finance and General Services
2.15 Town Treasurer

2.16 Town Attorney

2.18 Planning Commission

2.20 Parks and Recreation Commission
2.21 Traffic Committee

2.22 Legislative Review Committee (Repealed Ord. 194, adopted 2-10-98

2.23 Roads & Drainage Committee (Repealed Ord. 146, adopted 2-28-95)

2.24 Historic Preservation Advisory Committee

2.25 Economic Dev. Committee (Repealed Ord. 146, adopted 2-28-95)

2.26 Board of Building and Safety Appeals

2.27 Access Appeals Board (Repealed Ord. 280, adopted 3-23-04)

2.28 Equestrian Advisory Committee
2.40 Disaster Council
2.44 Peace Officer Training Standards

2.50 Administrative Mandamus: Statute of Limitations

2.55 Holidays Observed by the Town

2.60 Personnel


Chapter 2.04

COUNCIL

Sections:

2.04.010 Date of regular meetings and study sessions.

2.04.020 Place of meetings and study sessions.

2.04.030 Improper conduct at meeting.

2.04.040 Adoption of procedures.

2.04.050 Compensation and reimbursement.

2.04.060 Commission appointments.

2.04.100 Appeals to Council.

2.04.110 Notice of appeal: Time limit--Contents.

2.04.120 Appeals: Hearings: Notices.

2.04.130 Appeals: Hearings.

2.04.010 Date of regular meetings and study sessions. 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.

2.04.020 Place of meetings and study sessions. The regular meetings and study sessions 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. (Amended Ord. 4 - 12-6-88; Ord. 10 - 2-21-89, Ord. 61, 1990; Ordinance 245 – 10-9-2001; Ordinance 250 2-12-02).

2.04.030 Improper conduct at meeting. 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.

2.04.040 Adoption of procedures. 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.

2.04.050 Compensation and reimbursement. Pursuant to Section 36516(a)(3) and (c) of the California Government Code, 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 Section 36514.5 of the Government Code as amended from time to time. Such reimbursement shall be as established by policy adopted by the Town Council. (Amended Ord. 117, adopted 07-13-93; Amended Ordinance 257 7-9-2002; Amended per Ordinance 284 07-13-04)

2.04.060 Commission appointments. 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.

2.04.100 Appeals to 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 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 Section 19957.5, may appeal in writing to the Council by filing with the Town Clerk a written notice of such appeal. (Subparagraph (a) amended by Ordinance 280 - 3/23/04)

(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.

2.04.110 Notice of appeal: Time limit--Contents. (a) Any notice of appeal to the Town Council must be filed within fifteen (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 fifteen (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 fifty dollars ($50.00) or such other fee as may be required by other enactment of the Town Council.

2.04.120 Appeals: Hearings: Notices. 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.

2.04.130 Appeals: Hearings. (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 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. (Chapter 2.04 Ord. #3, 11-28-88)

Chapter 2.06

BOARDS, COMMISSIONS AND COMMITTEES--GENERAL PROVISIONS

Sections:

2.06.010 General rules regarding appointments.

2.06.010 General rules regarding appointments. (a) Unless otherwise provided by law, or by ordinance or resolution, or unless by the very nature of a situation the provisions hereof may not be applicable, all members of boards, committees, or commissions of this Town shall be appointed by the Town Council, shall hold their offices only at the pleasure of the Town Council member who nominated for office said board , committee or commission member; and any member of a board, commission or committee may be removed from office at any time, with or without cause, by the Town Council member who nominated said appointee to office or by a majority vote of the entire Town Council, except in cases where the Mayor or Town Council are not the appointing authority (in which cases such regular appointing authority may exercise this power or removal). If a member absents himself or herself without advance permission of the board, commission or committee or of his or her appointing authority, from three consecutive regular meetings or twenty-five percent of the duly scheduled meetings of the board, committee or commission within any fiscal year, his or her office shall thereupon become vacant and shall be filled as any other vacancy.

(b) Unless otherwise provided by law, or by ordinance or resolution of the Town Council, all members of any board, committee, or commission of the Town appointed by the Town Council shall initially, and during their incumbencies, reside within the boundaries of the Town. No such member shall at or during his incumbency be an employee of the Town.

(c) The resignation of any member of a board, committee or commission shall be in writing and becomes effective immediately upon filing with the Town Clerk or on the date stated in the written resignation. (Chapter 2.06 Ord. 3, 11-28-88; Amended, Ord. 120, adopted 08-10-93; Ordinance 255 6-11-02).

2.06.020 (Deleted per Ord. 120, adopted 08-10-93)

Chapter 2.08

TOWN MANAGER

Sections:

2.08.010 Office created--Term.

2.08.020 Eligibility.

2.08.030 Compensation.

2.08.040 Expense reimbursement.

2.08.050 Designation of Acting Town Manager.

2.08.060 Powers and duties.

2.08.070 Relations with Council.

2.08.080 Departmental cooperation.

2.08.090 Attendance at commission meetings.

2.08.100 Term and Termination of Town Manager’s Employment

2.08.110 Removal - General Municipal Election

2.08.010 Office created--Term. The office of the Town Manager is created and established. The Town Manager shall be appointed by the Town Council wholly on the basis of administrative and executive ability and qualifications. The Town Manager shall hold office for and during the pleasure of the Town Council.

2.08.020 Eligibility. No member of the Town Council shall be eligible for appointment as Town Manager until one year has elapsed after such Council member has ceased to be a member of the Town Council.

2.08.030 Compensation. The Town Manager shall receive such compensation and expense allowances as the Town Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the Town as the Council shall designate.

2.08.040 Expense reimbursement. The Town Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

2.08.050 Designation of acting Town Manager. The assistant Town Manager shall serve as manager pro tempore during any temporary absence or disability of the Town Manager. In the event there is no assistant Town Manager to so act, the Town Manager, by a letter filed with the Town Clerk, shall designate a qualified Town administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The Town Council may appoint an acting or interim Town Manager.

2.08.060 Powers and duties. The Town Manager shall be the administrative head of the government of the Town under the direction and control of the Town Council except as otherwise provided in this Chapter. The Town Manager shall be responsible for the efficient administration of all affairs of the Town, which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall be expected to, and shall have the power to:

(1) Enforce all laws and ordinances of the Town and to see that all franchises, contracts, permits and privileges granted by the Town Council are faithfully observed;

(2) Except as provided for in Subsection (3), appoint, remove, promote and demote any and all officers and employees of the Town except elective officers, and the Town Attorney, subject to all applicable personnel rules and regulations which may be adopted by the Town Council;

(3) Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the Town under his jurisdiction through their department heads;

(4) Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the Town's business;

(5) Recommend to the Town Council for adoption such measures and ordinances as he deems necessary;

(6) Attend all meetings of the Town Council unless excused therefrom by the Mayor individually or the Town Council as a whole, except when his removal is under consideration;

(7) Prepare and submit the proposed annual budget and the proposed annual salary plan to the Town Council for its approval;

(8) Direct and supervise all the purchasing activities of the Town;

(9) Keep the Town Council at all times fully advised as to the financial condition and needs of the Town;

(10) Make investigations into the affairs of the Town and any department or division thereof and any contract for the proper performance of any of the obligations of the Town; and further, to investigate all complaints in relation to matters concerning the administration of the Town government and in regard to the service maintained by public utilities in the Town;

(11) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the Town Council;

(12) Have the same authority as the Mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the State whenever such documents have been approved by the Town Council for execution by resolution, motion, minute order or other appropriate action; and

(13) Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the Town Council. (This section amended by Ordinance 245 10/9/2001)

2.08.070 Relations with Council. 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 Town Council nor any member thereof shall give orders to any subordinates of the Town Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember. The Town Manager shall take his orders and instructions from the Town Council only when sitting in a duly convened meeting of the Town Council and no individual councilman shall give any orders or instructions to the Town Manager. The Town Council shall instruct the Town Manager in matters of policy. Any action, determination or omis­sion of the Town Manager shall be subject to review by the Town Council. The Town Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the Town Council.

2.08.080 Departmental cooperation. It shall be the duty of all subordinate officers and the Town Attorney, Town Clerk and Town Treasurer to assist the Town Manager in administering the affairs of the Town efficiently, economically and harmoniously.

2.08.090 Attendance at commission meetings. The Town Manager may attend any and all meeting of the Planning Commission, and any other commission, board or committee created by the Town Council, upon his own volition or upon direction of the Town Council. At such meetings which the Town Manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the Town Council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the Town Council.

2.08.100 Term and Termination of Town Manager's Employment. The Town Manager's employment with the Town is for no definite term or period of time, and the Town Manager serves at the will and pleasure of the Town Council. The Town Manager's employment may be terminated at any time by a majority vote of the entire Town Council without stating reasons or other cause or justification, without prior notice, and without right of appeal or hearing. Not withstanding the above provisions of this Section, the Town Council may enter into a written agreement with a Town Manager which contains terms of employment which may differ from the above provision of this Section, which have been approved by the Town Council and signed by a duly authorized representative of the Town Council. (Amended per Ord. 164, adopted 03-04-96)

2.08.110 Removal - General Municipal Election. Notwithstanding the provision of Section 2.08.100, the Town Manager shall not be removed from office during or within a period of ninety days next succeeding the date any newly elected member of the Town Council assumes office after any general municipal election held in the Town except by the affirmative vote of at least two-thirds of the entire Town Council. (Chapter 2.08 Ord. 3, 11-28-88; Amended per Ord. 164, adopted 03-04-96)(Sections 2.08.120, 2.08.130, 2.08.140, 2.08.150, 2.08.160 and 2.08.170 repealed Ord. 164, adopted 03-04-96)

Chapter 2.10

TOWN CLERK

Sections:

2.10.010 Office created--Term.

2.10.020 Compensation.

2.10.030 Functions.

2.10.040 Deputy Town Clerk.

2.10.010 Office created--Term. The office of the Town Clerk is created and established. The Town Clerk shall hold office at the pleasure of the Town Manager in accordance with 2.60.030(i)(i)-(iv).

2.10.020 Compensation. If the Town Council appoints the Town Clerk as a separate position, the Town Clerk shall receive such compensation and expense allowance as the Town Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the Town as the Town Council shall designate.

2.10.030 Functions. The Town Clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the Town Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State, other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the Town Council; provided, however, pursuant to the provisions of Section 40805.5 of the Government Code, the financial and accounting duties imposed upon the Town Clerk by Sections 40802 through 40805 of the Government Code shall be performed by the Director of Finance and General Services.

The principal functions of the Town Clerk shall be to:

(1) Attend all meetings of the Town Council and be responsible for the recording and maintaining of a record of all the actions of the Council;

(2) Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The Town Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law;

(3) Keep all records of the Council and of the office of the Town Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with State law;

(4) Serve as the official custodian of all Town records;

(5) Be the custodian of the seal of the Town;

(6) Prepare the Council agendas, in conjunction with and under the direction of the Town Manager;

(7) Perform the duties prescribed by the Elections Code of the State in conducting municipal elections;

(8) Perform the duties imposed upon Town clerks by the California Political Reform Act;

(9) Be responsible for the publication of all the official advertising of the Town;

(10) Be responsible for the maintenance and distribution of the Municipal Code;

(11) Process all claims filed against the Town and its officers, agents, or employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State and Chapter 3.16 of Title 3 of this Code; and

(12) Perform such other duties consistent with this Code as may be required of the Town Clerk, by the Town Council.

2.10.040 Deputy Town Clerk. The Town Clerk shall have the authority and is hereby authorized to appoint a Deputy Town Clerk as may be necessary for the efficient discharge of the duties of the office. (Chapter 2.10 Ord. #3, 11-28-88; Amended Ordinance 224 6-13-00; Ordinance 448 dated June 25, 2013)

Chapter 2.12

DIRECTOR OF FINANCE AND GENERAL SERVICES

Sections:

2.12.010 Office created.

2.12.020 Appointment.

2.12.030 Duties.

2.12.040 Independent audit.

2.12.010 Office created. The office of the Director of Finance and General Services is created and established. The Director of Finance and General Services shall be the chief fiscal officer of the Town.

2.12.020 Appointment. The Director of Finance and General Services shall be appointed by the Town Manager, and he shall serve at and during the pleasure of the Town Manager. The Director of Finance and General Services shall be qualified by sufficient technical accounting training, skill and experience to be proficient in the office and shall show evidence of executive ability.

2.12.030 Duties. The duties of the Director of Finance and General Services shall be as follows:

(1) To serve as the chief fiscal officer of the Town;

(2) To assist and advise the administration and the Town Council in all matters pertaining to Town finances;

(3) To perform all financial and accounting duties imposed upon the Town Clerk by Sections 40802 through 40805 of the California Government Code;

(4) To develop and maintain, in accordance with the State laws and the Town ordinances and the best accepted procedures, adequate financial records, reports and budgetary control of all receipts, disbursements and reserves of the Town;

(5) To supervise the keeping of current inventories of all property of the Town departments, offices and agencies;

(6) To prescribe and develop accounting forms, reports and procedure in conjunction with administrative needs and requests, and as required by law;

(7) To audit all demands in accordance with Sections 3.16.020 through 3.16.050 and 3.16.080;

(8) To prepare annually for budget purposes an estimate of revenues for the Town Manager, and assist the Town Manager in compiling the annual budget in accordance with the prescribed chart of accounts and accepted procedures;

(9) To assist the Town Council and the Town Manager in formulating a long range financial plan and program;

(10) To perform such purchasing duties as delegated to the Director of Finance and General Services by the Town Manager; and

(11) To perform such other duties related to administrative and General Services for the municipal government and business operations as may be delegated to the Director of Finance and General Services by the Town Manager.

2.12.040 Independent audit. The Council shall require annually an independent audit of the accounts and records of the Treasurer and department of finance and General Services. This auditor shall be selected by Council and shall be qualified as a certified public accountant. (Chapter 2.12 Ord. #3, 11-28-88)

Chapter 2.15

TOWN TREASURER

Sections:

2.15.010 Office created--Term.

2.15.020 Compensation.

2.15.030 Functions.

2.15.010 Office created--Term. The office of the Town Treasurer is created and established. The Town Treasurer shall hold such office at the pleasure of the Town Council.

2.15.020 Compensation. The Town Treasurer shall receive such compensation and expense allowance as the Town Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the Town as the Town Council shall designate.

2.15.030 Functions. The Town Treasurer shall perform such duties as are prescribed by Sections 41000 through 41007 of the Government Code of the State and by any other provisions of law applicable to deposit and investment and safekeeping of public funds of the Town. (Chapter 2.15 Ord. #3, 11-28-88)

Chapter 2.16

TOWN ATTORNEY

Sections:

2.16.010 Office created.

2.16.020 Compensation.

2.16.030 Functions.

2.16.010 Office created. The office of the Town Attorney is hereby established. It shall consist of the Town Attorney and such assistants as may be authorized by the Council. The Town Attorney shall administer the office and be responsible for the successful performance of its functions. He shall serve under the direct supervision and control of the Council as its legal advisor. The Town Council may enter into a contract with a private law firm to perform the services of Town Attorney and, in that connection, may designate a Town Attorney and such Assistant Town Attorneys as are deemed necessary, and references in this Chapter to Town Attorney or the Office of Town Attorney will include any applicable law firm and performance of said functions by any of its members or employed attorneys.

The Town Attorney may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or assist the Town Attorney therein; provided, however, that such employment or retainer shall be reported to the Town Council at the regular meeting thereof next following the employment or retainer.

2.16.020 Compensation. The Town Attorney shall receive such compensation and expense allowance as the Town Council shall from time to time determine or contract for, and such compensation shall be a proper charge against such funds of the Town as the Town Council shall designate.

2.16.030 Functions. The functions of the office of the Town Attorney shall be to:

(1) Advise the Council and all Town officers in all matters of law pertaining to their offices;

(2) Furnish legal service at all meetings of the Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards and commissions or officers of the Town;

(3) Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the Town and approve the form of all contracts and agreements and bonds given to the Town;

(4) Prosecute on behalf of the people cases for violation of Town ordinances when not otherwise prosecuted by the District Attorney of San Bernardino County; and

(5) Perform such other legal duties as may be required by the Council or as may be necessary to complete the performance of the foregoing functions. (Chapter 2.16 Ord. 3, 11-28-88)

Chapter 2.18

PLANNING COMMISSION

Sections:

2.18.010 Created.

2.18.015 Town Planning Commission--General Jurisdiction and Functions.

2.18.016 Compensation of Planning Commissioners.

2.18.020 Designation of Chairman--Committees--Staff.

2.18.030 Meetings--Rules of procedure.

2.18.040 Functions, powers and duties.

2.18.050 Rules--Records and meetings.

2.18.010 Created. There is created a Planning Commission for the Town. It shall consist of five members. Each councilmember may nominate one town resident for membership on the Commission and such councilmember or his or her successor shall have the right to renominate a resident for that seat on the Commission whenever such seat becomes vacant for any reason or the term of the appointee has expired. The Town Council shall approve each nominee by a majority vote of the entire Town Council prior to his or her appointment being effective. Commencing July 1, 1990 the term of each member of the Commission shall be coterminous with the term of office of the nominating Council person. All terms shall be for four (4) years and shall expire four (4) years after the effective date of the appointment (except for those Commissioners appointed by Councilmembers whose term of office will expire more than four years from their election and date of assuming office; in this instance, the Commissioner's term of office will be extended accordingly), or earlier upon the termination of the term of office of the nominating Council person, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. The term of any member of the Commission will be automatically extended pending the selection and qualification of his or her successor. Except as modified by the provisions in this Chapter, the provisions of Section 2.04.060 and of Chapter 2.06 of this Code shall apply. (Chapter 2.18 Ord. # 3, 1988) (Ord. #49, 1990) (Ord. #107, 1992)

2.18.015 Town Planning Commission -- General Jurisdiction and Functions. The Planning Commission for the Town, as created and described in Section 2.18.010 of this Code shall perform all functions and take all actions designated in the Development Code of the County of San Bernardino, which has been adopted by the Town, for the Planning Commission and for the Planning Commission Subcommittee. In addition, any project subject to discretionary decisions to be made by the Planning Officer or other Officers or Offices in the Development Code in which the deciding Officer or Office determines (1) that opposition of any member of the Development Review Committee to the proposal or any portion thereof exists, or (2) that a specific written request has been received requesting a public hearing review of the Project in instances where any person receives notification of a pending matter by provisions of the Development Code and makes that request, or (3) when in the opinion of the Planning Officer or other officer or Office responsible for the decision, there has been substantial objection to a proposed project from members of the public, or (4) where the Planning Officer or other deciding Officer or Office cannot make a determination that the proposal will likely be consistent with and not detrimental to the proposed general plan or any applicable existing general plan or land uses in the surrounding area, the project shall be referred to the Planning Commission for its action. Further, the Planning Commission shall review and the Town Council shall act upon all requests for planned residential developments and all other matters required by Town Ordinance or other law to be considered and acted upon, subject to all other applicable provisions of the Town's ordinances. All actions of the Planning Commission are subject to appeal to the Town Council in the manner set forth in the Development Code, and if not otherwise set forth, then by delivery by the applicant or any other person affected by the decision of a written notice of appeal to the Town Clerk within ten (10) days after the decision of the Planning Commission or after the giving of notice of same where notice is required. Also within a period of ten days after the decision of the Planning Commission, any member of the Town Council may submit a written request with the Town Clerk that the matter acted upon by the Planning Commission be scheduled for a hearing before the Town Council. The decision of the Planning Commission shall be final after the time for appeal or for a request for hearing by a Councilmember has passed and if no appeal or request has been filed. Upon receipt of a timely appeal, or of a timely request for hearing by a Councilmember, the Town Clerk shall schedule the matter for a hearing or public hearing before the Town Council, in which case the decision by the Town Council after considering or hearing the matter shall then be final.

The fee for appealing a decision of the Planning Commission to the Town Council may be waived by the Town Manager or his designee if the appealing party executes a form prepared by the Town Manager, declaring under penalty of perjury (1) That he or she is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payment (SSP) programs (Sections 12200-12205.2 of the Welfare and Institutions Code), the Aid to Families With Dependent Children (AFDC) program (42 United States Code 601-644), the Food Stamp program (7 United States Code 2011-2027) or Section 17000 of the Welfare and Institutions Code, or (2) That his or her monthly income is one hundred twenty five per cent (125%) or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981, as amended, and submits as financial statement setting forth each item which makes up his or her monthly income in support of the averments as part of the declaration. (Ord. 5, 1989; Ord. 28, 1989; Ord. 52, 1990)

2.18.016 Compensation of Planning Commissioners. The members of the Planning Commission shall each receive compensation payable out of the general fund of the Town, provided adequate funds have been budgeted therefor, in the sum of $100.00 per meeting, but not to exceed a total sum of $300.00 per month. The compensation prescribed herein shall be exclusive of any amounts payable to each member of the Commission as a reimbursement for actual and necessary expenses authorized by the Town Council and incurred in the performance of official duties for the Town. (Ord. #5, 1989) (Ord. #11, 1989)(Ord. 217 3-14-2000)

2.18.020 Designation of Chairman--Committees--Staff. The Planning Commission shall annually at its first meeting held after February 1, choose one of its number as chairperson and one as vice-chairperson. Vacancy in either such position occurring prior to February 1 may be filled as in the first instance, and a new chairperson or vice-chairperson may be chosen at any time by majority vote of all members of the board or commission. The commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The Town Manager may appoint an executive secretary and other staff and provide such compensation for their services as may be authorized by the Town Council and by the annual Town budget of expenditures. (Amended, Ord. 120, adopted 08-10-93)

2.18.030 Meetings--Rules of procedure. The commission shall hold at least one regular meeting each month at such time, date, and place designated by the commission. Special meetings may be called by the chair or a majority of the commission, provided notice has been given to all members at least 24 hours prior to the meeting. A majority of commissioners shall constitute a quorum.

2.18.040 Functions, powers and duties. The functions, powers and duties of the Planning Commission shall be all those functions, powers and duties of a Planning Commission and Board of Zoning Adjustment as provided in Chapters 3 and 4 of Title 7 commencing with Section 65100 of the Government Code of the State (the Planning and Zoning Law), as the same may be hereafter amended. The Planning Commission shall perform such other duties and functions as may be designated by the Town Council.

2.18.050 Rules--Records and meetings. The Planning Commission shall adopt rules for the transaction of business, shall keep a public record of its resolutions, transactions, findings, and determinations, and shall hold at least one regular meeting each month. Minutes of the Planning Commission meetings shall be filed with the Town Clerk. (Chapter 2.18 Ord. #3, 11-28-88)

Chapter 2.20

PARKS AND RECREATION COMMISSION

Sections:

2.20.010 Created

2.20.020 Term of Office

2.20.030 Filling Vacancies

2.20.040 Removal from Office

2.20.050 Organization meeting; Election of Chairman and Vice-Chairman

2.20.060 Town Parks and Recreation Commission -- General Powers, Duties, Functions and Responsibilities

2.20.070 Appeals

2.20.080 Compensation of Parks and Recreation Commissioners

2.20.090 Designation of Chairman--Committees--Staff

2.20.100 Secretary

2.20.110 Meetings--Rules of Procedure

2.20.120 Rules—Records and Meetings

2.20.130 Cooperation of Town Departments required

2.20.140 Annual Report of Commission

2.20.150 Recreation Funds

2.20.160 Park Funds

2.20.170 Park Land Intended to Remain as Public Park

2.20.010 Created. There is created a Parks and Recreation Commission for the Town of Apple Valley. It shall consist of five (5) members. Each Councilmember may nominate one resident of the Town, or greater Apple Valley area (being the boundaries of the Apple Valley Recreation and Park District just prior to its dissolution, as shown on the map attached herewith), for membership on the Commission and such Councilmember, or his or her successor, shall have the right to renominate a resident of the Town, or greater Apple Valley area, for that seat on the Commission whenever such seat becomes vacant for any reason, or the term of the appointee has expired. The Town Council shall approve each nominee by a majority vote of the entire Town Council prior to his or her appointment being effective.

2.20.020 Term of Office. Each member of the Parks and Recreation Commission shall be a qualified elector of the Town and/or the greater Apple Valley area at the time of his/her appointment and during his/her incumbency, must be over eighteen (18) years of age and must have some familiarity with public recreation at the time of his/her appointment to office. The term of each member of the Commission shall be coterminous with the term of office of the nominating Council person. All terms shall be for four (4) years and shall expire four (4) years after the effective date of the appointment (except for those Commissioners appointed by Councilmembers whose term of office will expire less than four years from their election and date of assuming office; in this instance, the Commissioner's term of office will be reduced accordingly), or earlier upon the termination of the term of office of the nominating Council person, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. The term of any member of the Commission will be automatically extended pending the selection and qualification of his or her successor. Except as modified by the provisions in this Chapter, the provisions of Section 2.04.060 and of Chapter 2.06 of this Code shall apply.

2.20.030 Filling Vacancies. Should a vacancy occur in the Parks and Recreation Commission for any reason, such vacancy shall be filled for the unexpired term by an appointment of a successor to fill the unexpired term of office by the Town Council. The nominator to fill the unexpired term shall be the Councilmember or Mayor who nominated the original Commission member whose seat is now vacant.

2.20.040 Removal from Office. Whenever, in the discretion of the Town Council, the best interests of the Town shall be served thereby, any member of the Parks and Recreation Commission may be removed from office by a majority vote of the Council. Any vacancy so created shall be filled as described in Section 2.20.030 of this Chapter.

2.20.50 Organization meeting; Election of Chairman and Vice-Chairman. Within ten (10) days after their initial appointment, the members of the Parks and Recreation Commission shall meet in regular session and organize by electing from their members a Chairman and Vice-Chairman, who shall hold office for one year. It shall be the duty of the Chairman to preside over all meetings of the Parks and Recreation Commission. In his/her absence, the Vice-Chairman shall preside.

2.20.060 Town Parks and Recreation Commission -- General Powers, Duties, Functions and Responsibilities. The Parks and Recreation Commission for the Town of Apple Valley, as created and described in Section 2.20.010 of this Chapter, shall have and perform all functions and duties as described below:

A) Assist the Town Council in assessing the parks and recreation needs of the community.

B) Accept as its major responsibility to guide the Parks and Recreation Department toward fulfilling the recreation needs of the community.

C) To act in an advisory capacity to the Town Council in matters pertaining to parks and recreational programming and to cooperate with other governmental agencies and civic groups in the advancement of sound parks and recreation planning.

D) To consider recommendations and requests originating from the public and making recommendations to the Town Council.

E) Make recommendations to the Town Council regarding the rules, regulations and policies relating to conduct in public parks and conduct in public recreation and activity centers. The administration of said policies, rules and regulations, once adopted, shall be the responsibility of the Parks and Recreation Department Manager.

F) Prepare, and periodically review, a Master Plan for Park facilities and recreational programs. Such Master Plan shall include an inventory of parks and park facilities.

G) Identify and make recommendations to the Town Council on revenue sources to fund activities and capital projects such as parks development, improvement and maintenance, property acquisition for new and/or expansion of parks, development and updating of the park Master Plan, recreation programs, various planning and feasibility studies and the like.

H) Review and make recommendations on the annual fiscal operating budget for parks and recreation as prepared by the Parks and Recreation Department Manager.

I) Visit recreation programs and facilities whenever possible.

J) Be able to interpret park and recreation programs as required.

K) Periodically review and recommend appropriate changes to the Parks and Recreation portion of the Open Space/Conservation Element of the Adopted Town of Apple Valley General Plan.

L) Review and comment on subdivision and other development proposals in which land is proposed for dedication, credit for private open space is requested, projects on school lands or other significant park, trail or open spaces where concerns exist.

M) Assist in the planning of a recreation program for the inhabitants of the Town and greater Apple Valley area, promote and stimulate public interest therein and, to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.

N) Any other related projects as may be assigned by the Town Council.

2.20.070 Appeals. All actions of the Parks and Recreation Commission are subject to appeal to the Town Council in the manner set forth in the Municipal Code, and if not otherwise set forth, then by delivery by the applicant or any other person affected by the decision, of a written notice of appeal to the Town Clerk within ten (10) days after the decision of the Parks and Recreation Commission or after the giving of notice of same where notice is required. Also within a period of ten (10) days after the decision of the Parks and Recreation Commission, any member of the Town Council may submit a written request to the Town Clerk that the matter acted upon by the Commission be scheduled for a hearing before the Town Council. The decision of the Parks and Recreation Commission shall be final after the time for appeal or for a request for hearing by a Councilmember has passed and if no appeal or request has been filed. Upon receipt of a timely appeal, or of a timely request for hearing by a Councilmember, the Town Clerk shall schedule the matter for a hearing or public hearing before the Town Council, in which case the decision by the Town Council after considering or hearing the matter shall then be final.

The fee for appealing a decision of the Parks and Recreation Commission to the Town Council may be waived by the Town Manager, or designee, if the appealing party executes a form prepared by the Town Manager, declaring under penalty of perjury (1) That he or she is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payment (SSP) programs (Sections 12200-12205.2 of the Welfare and Institutions Code), the Aid to Families With Dependent Children (AFDC) program (42 United States Code 601-644), the Food Stamp program (7 United States Code 2011-2027) or Section 17000 of the Welfare and Institutions Code, or (2) That his or her monthly income is one-hundred, twenty-five per cent (125%) or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981, as amended, and submits a financial statement setting forth each item which makes up his or her monthly income in support of the averments as part of the declaration.

2.20.080 Compensation of Parks and Recreation Commissioners. The members of the Parks and Recreation Commission shall each receive compensation payable out of the general fund of the Town, provided adequate funds have been budgeted therefore, in the sum of $100.00 per meeting, but not to exceed a total sum of $300.00 per month. The compensation prescribed herein shall be exclusive of any amounts payable to each member of the Commission as a reimbursement for actual and necessary expenses authorized by the Town Council and incurred in the performance of official duties for the Town.

2.20.090 Designation of Chairman--Committees--Staff. The Parks and Recreation Commission shall annually, at its first meeting held after February 1, choose one of its number as Chairperson and one as Vice-Chairperson. Vacancy in either such position occurring prior to February 1 may be filled as in the first instance, and a new Chairperson or Vice-Chairperson may be chosen at any time by majority vote of all members of the Commission. The Commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The Town Manager may appoint a secretary, and other staff, and provide such compensation for their services as may be authorized by the Town Council and by the annual Town budget of expenditures.

2.20.100 Secretary. The Parks and Recreation Department Manager, or his/her designee, shall serve as secretary to the Parks and Recreation Commission and shall be the custodian of the Commission’s records, transmit its recommendations to the Town Council, keep a permanent record of all minutes of the Commission, conduct official correspondence and coordinate the clerical and technical work of the Commission in administering this Chapter.

2.20.110 Meetings--Rules of Procedure. The Parks and Recreation Commission shall, by a vote, set a time for regular meetings which shall be held at least every other month at such time, date, and place designated by the Commission. Special meetings may be called by the chairman or a majority of the Commission, provided notice has been given to all members at least 24 hours prior to the meeting. A majority of Commissioners shall constitute a quorum, and the vote of the majority of the members present will be sufficient to act unless otherwise provided by law.

2.20.120 Rules--Records and Meetings. The Parks and Recreation Commission shall adopt rules for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations. Minutes of the Parks and Recreation Commission meetings shall be filed with the Town Clerk.

2.20.130 Cooperation of Town Departments Required. All officers, department heads and department and division staff of the Town shall render cooperation and all reasonably necessary assistance to the Parks and Recreation Commission. Neither the Commission nor any person connected with the Commission shall incur any fiscal liability in the name of the Town.

2.20.140 Annual Report of Commission. The Parks and Recreation Commission shall provide annually a full report of its work to the Town Council.

2.20.150 Recreation Funds. The Town Council shall establish a Recreation Fund, prepare an annual recreation budget, receive voluntary contributions and appropriate such money as it may deem necessary for the purpose of carrying out the activities of the Commission.

2.20.160 Park Funds. No money in the park fund shall be used for any purpose other than the financial support of the parks and recreation department, park facilities or recreational services.

2.20.170 Park Land Intended to Remain as Public Park. It is the intent of the Town Council that lands dedicated for use by the public as public parks remain and continue to be used for such purpose.

(Entire Chapter 2.20 added per Ordinance 232 adopted 3-13-2001; Chapter 2.20 amended per Ordinance 386 adopted August 26, 2008)

Chapter 2.21
TRAFFIC COMMITTEE

Sections:
2.21.010 Created.
2.21.015 Chair - Committees - Staff.

2.21.020 Meetings.

2.21.025 Compensation of Members.

2.21.030 Functions, Powers and Duties,

2.21.035 Rules Records and Meetings,

2.21.010 Created. There is created a Traffic Committee for the Town. It shall consist of seven regular members recommended by the Town Manager and subject to approval by the Town Council; in addition, the two members of the Town Council who are then currently serving as members of the Council’s Public Safety Committee shall serve as non-voting honorary liaison members of the committee. Those members nominated by the Town Manager and approved by the Town Council should be qualified by experience and training in one or more areas relating to traffic safety, road design or related matters; also high priority and selection should be considered for persons licensed or certified in the fields or engineering, construction, and related professions. Whenever feasible, the non-Town Council regular members should be selected from the following organizations:

(1) California Highway Patrol;

(2) The Town's Law Enforcement Department or Agency.,

(3) The California Department of Transportation;

(4) The Automobile Club of Southern California or a comparable Company;

(5) The Apple Valley Unified School District;

(6) The Town's Public Works Department;

(7) A citizen at large.

Terms of office for regular committee members shall be four years, and there shall be no limit on the number of terms any committee member shall serve, subject to reappointment as hereinabove prescribed. (Amended Ord. 70, 11-28-90)

2.21.015 Chair - Committees - Staff. The Chairperson for the Committee should be the representative from the Public Works Department or Agency of the Town unless that person is unwilling or unable to serve in that capacity. The Committee shall select a Vice-Chairperson. The Committee shall be authorized to appoint and fix the membership of such number of standing and temporary sub-committees as it may find expedient for the performance of its duties. The Town Manager may appoint an Executive Secretary and/or other staff and provide such compensation for their services as may be authorized by the Town Council and by the annual Town budget of expenditures.

2.21.020. Meetings. The Committee shall establish regular meetings at such time, day, and place as it deems necessary. Special meetings may be called by the chair or a majority of the regular members of the Committee, provided notice has been given to all members at least 24 hours prior to the meeting, and as otherwise required by law. A majority of the regular Committee members shall constitute a quorum, and a majority vote of a quorum, but not less than three, shall be required to pass a motion or other enactment. (Amended Ord. 70, 11-28-90)

2.21.025 Compensation of Members. No direct compensation shall be paid to Committee members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses incurred in the discharge of their duties as members of the Committee, authorized by the Town Council.

2.21.030. Functions, Powers, and Duties. The functions, powers and duties of the Traffic Committee shall be to consider requests for traffic regulatory or control devices, signs, and markings and make appropriate recommendations to the Town Council or to any appropriate Town Department or Officer as deemed necessary under the circumstances; the Committee may further study and consider apparent unsafe or malfunctioning traffic conditions or devices, and may recommend possible actions or solutions to such conditions or devices to the Town Council or to any appropriate Town Department or Officer, the Committee may also make recommendations to the Town Council or Town Departments or Officers or Planning Commission, as appropriate, concerning short- and long-range transportation planning, review of street and highway master plans, truck routes, and complaints concerning traffic safety conditions, concerning proposed major street projects, and such other matters as the Town Council may request from time to time.

The functions, powers, and duties of the Traffic Committee shall not be construed as preempting or otherwise interfering with the function of other commissions or boards or committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

Section 2.21.035. Rules - Records and Meetings. The Traffic Committee shall adopt rules for the conduct of its proceedings, and shall keep a public record of its resolutions,, transactions, findings and determinations. Minutes of the Committee shall be filed with the Town Clerk.

(Chapter 2.21 added Ord. 12 adopted 3-21-89, Chapter 2.21 amended Ord. 33, adopted 10-10-89)

Chapter 2.22 (Repealed Ord. 194, 2-10-98)

Chapter 2.23 (Repealed Ord. 146, 2-28-95)

Chapter 2.24

HISTORICAL ADVISORY COMMITTEE

Sections:

2.24.010 Created

2.24.020 Meetings

2.24.025 Compensation of Members

2.24.030 Functions, Powers, and Duties

2.24.035 Records and Meetings

2.24.040 Declaration

2.24.045 Definition

2.24.050 Authority to declare

2.24.055 Notice of Public Hearing

2.24.060 Standards applicable at Public Hearing

2.24.065 List of declared landmarks

2.24.070 Markers for declared landmarks

2.24.075 Alteration or demolition of landmarks

2.24.080 Ordinary maintenance and repair

2.24.085 Permission of property owner

2.24.090 Full disclosure

2.24.010 Created. A Historical Advisory Committee for the Town may be created from time to time by appointment of its members to perform such task or tasks as the Town Council assigns the committee. The Historical Advisory Committee’s tasks shall conform to the function and duties specified in Section 2.24.030 of the Municipal Code. The committee shall be disbanded by the Town Council whenever the Town Council determines that the Historical Advisory Committee has completed its assigned tasks or tasks; provided, however, any member or members may be removed by the Town Council at any time whether with or without cause. The Town Council shall appoint all Committee members to the Historical Advisory Committee. The Town Council shall determine the number, method of appointment, and qualifications of the committee members. The appointment of each committee member shall be approved by a majority of the Town Council.

2.24.020 Meetings. The Committee shall meet at whatever interval of time that the committee and/or the Town Council finds expedient for the completion of the committee’s assigned task or tasks. Special meetings may be called by the chair or a majority of the committee, provided notice has been given to all members at least 24 hours prior to the meeting, and as otherwise required by law. A majority of committee members shall constitute a quorum, and a majority vote of a quorum shall be required to pass a motion or other enactment.

2.24.025 Compensation of Members. No direct compensation shall be paid to committee members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses incurred in the discharge of their duties as members of the Committee, as may be authorized by the Town Council.

2.24.030 Functions, Powers, and Duties. The functions, powers, and duties of the Historical Advisory Committee shall include:

(A) Considering Council recommendations for the possible designation of points of historical interest for the Town of Apple Valley including, but not limited to:

(1) Evaluation. Evaluating sites designated by the Town Council to determine whether they warrant action.

(2) Public Hearings. The Historical Advisory Committee shall conduct a public hearing on matters relating to the designation of landmarks or points of interest. At the public hearing, the committee shall receive all evidence and hear all interested persons.

(3) Recommendation after a Public Hearing. After a public hearing, if the committee shall find that the purposes of this chapter are furthered by designation of a site, structure or object as a landmark or point of interest, such findings shall be stated in a resolution to the Town Council recommending designation of the site, structure or object as a landmark or point of interest.

(4) Sites designated as landmarks or points of interest are intended for the purpose of providing a list of interesting locations within the Town of Apple Valley. Such a designation is not intended to interfere with future development and/or current or future land use designations. (This section amended per Ord. 193 adopted 2-10-98.)

(B) The promotion of the history and culture of Apple Valley.

(1) Sponsorship and participation in educational programs and activities.

(2) Coordination of programs with the Apple Valley Unified School District, the Mojave Historical Society and the Victor Valley Museum.

(3) Dissemination of historical and cultural information to the public through a variety of mediums including, but not limited to, the media, Town-sponsored programs and activities, speaking engagements, and participation in regional, national, and international historical and cultural preservation organizations.

The functions and duties of the Historical Advisory Committee shall not be construed as preempting or otherwise interfering with the function of other commissions, boards, committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

(C) Acting upon proposed and existing non-conforming historical signs as provided in Section 9.08.1245 of the Town of Apple Valley’s Development Code or in any applicable successor or other ordinance or enactment of the Town Council.

The functions and duties of the Historical Advisory Committee shall not be construed as preempting or otherwise interfering with the function of other commissions, boards, committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.035 Records and Meetings. The Historical Advisory Committee shall keep a public record of its transactions, findings, and determinations. Minutes of the Historical Advisory Committee shall be filed with the Town Clerk.

2.24.040 Declaration, maintenance and preservation of landmarks and points of interest.

(a) Definition of a Landmark. A historic, cultural or natural landmark is any real property such as a building, structure, site archaeological excavation or object that is unique or significant because of its location, design, setting, arterials, workmanship or aesthetic feeling, and/or:

(1) That is associated with events that have made a significant contribution to the nation, state or community, and/or:

(2) That is associated with lives of persons who made a significant contribution to the national, state or local history, and/or;

(3) That reflects or exemplifies a particular period of the national, state or local history, and/or;

(4) That embodies the distinctive characteristics of a type, period or method of construction, and/or;

(5) That presents the work of a master builder, designer, artist or architect whose individual genius influenced his age; or that possesses high artistic value, and/or;

(6) That has yielded or may be likely to yield information important to national, state or local history or prehistory. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.045 Definition of a point of interest. A historic, cultural or natural point of interest is any real property or object:

(1) That is the site of a building, structure or object that no longer exists but was associated with historic events, important persons, or embodied a distinctive character or architectural style, and/or;

(2) That is historic significance, but has been altered to the extent that the integrity of the original workmanship, materials or style has been substantially compromised.

2.24.050 Authority to declare a landmark or point of interest. The sole authority to declare landmarks and points of interest shall be vested in the Town Council, after a public hearing held by either the Town Council or the Committee and recommendation made to the Town Council. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.055 Notice of public hearing. Notice of the date, time, place, and purpose of any public hearing before the Committee or the Town Council shall be given by at least one publication of a notice in a newspaper having general circulation in the Town, not less than ten days prior to the date of the hearing, or as otherwise required by state law, and a notice addressed to the owner of the property being considered. If the property being considered is not real property, notice shall be given to both the owner and the person in possession of the real property where the object is situated, if known. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

2.24.060 Standards applicable at public hearing. The recommendation of the Historical Advisory Committee that the Town Council declare a landmark or point of interest shall be subject to the following standards determined by the Town Council:

(1) The landmark or point of interest shall fit a definition set forth in Section 2.24.040 or Section 2.24.045.

(2) The landmark or point of interest shall have substantial significance to the people of the Town.

2.24.065 List of declared landmarks and points of interest. The Historical Advisory Committee shall maintain and make available to the general public a list of all such declared landmarks and/or points of interest. The form and content of the list shall be approved by the Town Council.

2.24.070 Markers for declared landmarks and points of interest. Upon declaration of a landmark or point of interest by the Town Council, the Historical Advisory Committee will determine which landmarks or points of interest shall be marked with uniform and distinctive markers. Such markers shall be of a design approved by the Town Council. Markers will be installed only when written permission is granted by the property owner. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.075 Significant alteration of landmarks or points of interest. Prior to demolishing, altering, adding to or in any way changing a landmark or point of interest, the Committee shall be advised of such work so that a determination can be made as to the continuance of the site’s historical value. However, emergency repairs and/or removal of unsafe conditions to the landmark or point of interest, may be done without prior notice as long as the Committee is advised directly after the emergency situation is addressed. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.080 Ordinary maintenance and repair of landmarks or points of interest. Ordinance maintenance and/or repair of any exterior architectural feature in or on any property covered by this chapter is allowed. However, if the ordinary maintenance and/or repair alters the exterior architectural feature in regards to design, material, or external appearance thereof, then the Committee must be advised prior to such work so that a determination can be made as to the continuance of the site’s historical value. However, emergency repairs and/or removal of unsafe conditions to the landmark or point of interest, may be done without prior notice as long as the Committee is advised directly after the emergency situation is addressed. (This section amended per Ord. 193 adopted 2-10-98.)(Amended per Ord 224 6-13-00)

2.24.085 Permission of property owner required for designation. No site, structure or object shall be designated as a landmark or point of interest without the express written permission of the owner of the site, structure or object. If permission is withdrawn in writing from the property owner and delivered to the Town Clerk, then such designation will also be withdrawn by the Committee and the Town Council. (This section amended per Ord. 193 adopted 2-10-98.)

2.24.090 Full disclosure of impact of designation as landmark or point of interest. Every property owner of record of a property proposed for designation as a landmark or point of interest shall be provided a copy of this chapter with any accompanying letter bringing attention to the provisions of Sections 2.24.075 and 2.24.080 as impacts on future use of the property. (Ord. #44, 1990)

(Entire Chapter 2.24 amended per Ord. 120, adopted 08-10-93)

Chapter 2.25 (Repealed Ord. 146, 2-28-95)

Chapter 2.26

BOARD OF BUILDING AND SAFETY APPEALS

Sections:

2.26.010 Created.

2.26.015 Chair--Committees--Staff.

2.26.020 Meetings.

2.26.025 Compensation of Members.

2.26.030 Functions, Powers and Duties.

2.26.035 Rules--Records and Meetings.

2.26.010 Created. There is created a Board of Building and Safety Appeals for the Town. It shall consist of five regular members recommended by the Town Manager and subject to approval by the Town Council. Those members recommended by the Town Manager and approved by the Town Council should be qualified by experience and training in one or more areas relating to the construction industry, engineering, architecture or related matters. The Board shall consist of one registered civil engineer, one registered architect, one registered

professional engineer, one licensed general contractor and one licensed specialty contractor.

Terms of office for regular Board members shall be four years. There shall be no limit on the number of terms any Board member shall serve, subject to reappointment as herein above prescribed.

2.26.015 Chair--Committees--Staff. The Chairperson for the Board shall be elected by the Board and shall preside at all meetings of the Board. The Board shall select a Vice-Chairperson who acts in the Chairperson's absence. The Board shall be authorized to appoint and fix the membership of such number of standing and temporary sub-committees as it may find expedient for the performance of its duties. The Building Official shall be an ex officio member of the Board and shall act as secretary to the Board and review any appeal to verify its validity, but shall have no vote upon any matter before the Board.

2.26.020 Meetings. Meetings shall be called when an appeal is filed, by the Town Council, or by the chair or a majority of the Board, provided notice has been given to all members at least 24 hours prior to the meeting, and as otherwise required by law. A majority of the Board members shall constitute a quorum. A majority vote of the quorum, but not less than two, shall be required to pass a motion or other enactment.

2.26.025 Compensation of Members. No direct compensation shall be paid to Board members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses incurred in the discharge of their duties as members of the Board, authorized by the Town Council.

2.26.030 Functions, Powers, and Duties. The Board of Building and Safety Appeals for the Town shall have the power to hear and act upon appeals filed by an applicant who wishes to appeal orders, decisions or determinations made by the Town Building and Safety Division relative to the application and interpretation of the Municipal Code as adopted by the Town of Apple Valley. Items which are subject to appeal are those which are not code mandated.

The Board shall have no authority relative to interpretation of the administrative provisions of the Code nor shall the Board be empowered to waive requirements of the Code adopted by the Town.

The Board shall receive and consider suggestions for changes in Building and Safety policy matters from interested citizens and other persons interested in the Town. Upon review of any suggestion relative to Building and Safety policy matters, the Board shall refer their recommendations for changes to the Town Council. If no changes are recommended, then no referral will be made.

All Board decisions are appealable to the Town Council in accordance with Chapter 2.04.110 of Title 2.

The Building Official shall reserve the right to refer any decision on appeal to the Town Council.

The Board shall have the power to act in other situations as provided by ordinance or law and may act as the appeals board for public nuisances or for appeals of vehicle abatement.

The functions, powers, and duties of the Board of Building and Safety Appeals shall not be construed as preempting or otherwise interfering with the function of other commissions or boards or committees or officers which are empowered or mandated by law or ordinance of other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulation or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

2.26.035 Rules--Records and Meetings. The Board of Building and Safety Appeals shall keep a public record of its proceedings, findings and determinations. Minutes of the Board shall be kept on file with the Building and Safety Division.

(Entire Chapter 2.26 per Ord. 80 adopted 3-12-91)

Chapter 2.27
ACCESS APPEALS BOARD

Sections:

2.27.010 Created

2.27.015 Chair--Committees--Staff

2.27.020 Meetings

2.27.025 Compensation of Members

2.27.030 Functions, Powers and Duties

2.27.035 Rules--Records and Meetings

(Entire Chapter 2.27 Ord. 149, adopted 06-13-95)

(Entire Chapter 2.27 Ord. 280, Repealed 03-23-04)

Chapter 2.28
EQUESTRIAN ADVISORY COMMITTEE

Sections:

2.28.010 Created

2.28.020 Membership

2.28.030 Functions, Powers and Duties

2.28.040 Meetings

2.28.050 Staffing

2.28.060 Compensation of Members

2.28.070 Rules, Records and Number of Meetings

2.28.010 Created. An Equestrian Advisory Committee for the Town is hereby created to perform functions, powers and duties hereinafter set forth and such further tasks as the Town Council assigns the Committee in accordance with the provisions of this Chapter.

2.28.020 Membership. Membership of the Equestrian Advisory Committee shall conform to the following:

(A) The Committee shall be composed of five (5) members, appointed by at least three (3) affirmative votes of the Town Council, based on nominations from members of the Town Council, with due consideration for the representation of major age groups and segments of the community. Subject to the provisions of Municipal Code Section 2.06.010, Committee members shall serve at the pleasure of their appointing Council member and for a term(s) concurrent with the term of the Council member who nominated the Committee member.

(B) Members of the Committee shall be selected from among those residents of the Town, and those residents living within the boundaries of the previously dissolved Apple Valley Recreation and Park District, having a demonstrated interest in equestrian matters, standards, requirements and programs.

(C) The Equestrian Advisory Committee shall annually, at its first meeting held after February 1, choose one of its members as chairperson and one as vice-chairperson. Vacancy in either such position occurring prior to February 1 may be filled as in the first instance, and a new chairperson or vice-chairperson may be chosen at any time by majority vote of all members of the Committee.

(D) Vacancies shall be filled in the manner prescribed in Subsection 2.28.020 (A) above.

(E) A member shall be automatically terminated from membership on the Committee upon three (3) consecutive unexcused absences or unexcused absence from more than twenty-five percent (25%) of the meetings during any fiscal year, as prescribed in Section 2.06.010 of the Municipal Code.

(F) Any Committee member may be removed from office at any time with, or without, cause, by the Town Council member who nominated said appointee to the Committee or by a majority vote of the entire Town Council, as prescribed in Section 2.06.010 of the Municipal Code.

(G) The term of any member of the Committee will be automatically extended pending the selection and qualification of his or her successor. Except as modified by the provisions in this Chapter, the provisions of Section 2.06.060 of the Municipal Code shall apply.

2.28.030 Functions, Powers and Duties. The functions, powers and duties of the Equestrian Advisory Committee shall include the functions, powers and duties prescribed below and such other functions and duties as may be prescribed or directed by the Council:

(A) The Equestrian Advisory Committee shall act in an advisory capacity to the Town Council in matters pertaining to Equine, equestrian and other citizen concerns of equestrian matters and their needs, including, but not limited to, the care of horses, establishment and maintenance of equestrian trails, establishment of equestrian programs and preservation of the Town’s equestrian heritage. (Amended per Ordinance 348, adopted 6/26/07).

(B) The Equestrian Advisory Committee shall be empowered to assemble information on problems and proposed solutions to equestrian matters pertaining to the implementation of the Multi-Use and Equestrian Trails Standards. (Amended per Ordinance 348, adopted 6/26/07).

(C) The Equestrian Advisory Committee shall be empowered, on its own initiative, to make recommendations to the Town Council on matters within its purview, including, but not limited to, standards, requirements and criteria for the boarding, care and protection of Equine.

(D) The Equestrian Advisory Committee shall act to facilitate coordination between existing and proposed equestrian programs and provide for equine care.

(E) The functions and duties of the Equestrian Advisory Committee shall not be construed as preempting or otherwise interfering with the functions, duties or responsibilities of other commissions, boards, committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon or make recommendations to the Town Council concerning matters such as applications or requests for permits, approvals or other entitlements, the enactment or repeal or amendment of Town ordinances or regulations or taking such other actions as are mandated, prescribed or permitted by law.

(F) The Equestrian Advisory Committee shall be notified in writing of requests to amend established equestrian standards, and any residential subdivision application where a variance of an established equestrian standard is requested. The Committee shall provide the Planning Commission with a written recommendation on the notified request within thirty (30) days of receipt by the Chairperson of such request, or such earlier time if required to comply with the time required for action by the Commission in any given matter, provided, however, failure of the Committee to make a recommendation shall not prevent the Commission from action on the matter. Any applicant for a residential subdivision may request that its tentative map be reviewed and commented upon by the Equestrian Advisory Committee prior to it being deemed complete for submission to the Planning Commission. (Amended per Ordinance 348, adopted 6/26/07).

2.28.040 Meetings.

(A) Not less than thirty (30) days following the appointment of its initial members, the Committee shall meet to organize and elect officers as prescribed in Section 2.28.020 above. Following the election of the Chairperson and Vice-Chairperson, the Committee shall inform the Council thereof.

(B) The Equestrian Advisory Committee shall meet at whatever interval of time that the Committee and/or the Town Council finds expedient for the completion of the Committee’s assigned function and tasks. Special meetings may be called by the Chairperson or a majority of the Committee, provided notice has been given to all members at least twenty-four (24) hours prior to the meeting, and as otherwise required by law.

(C) Written notice of special meetings shall set forth the time and place of business to be conducted at such meeting(s), and be personally served on each Committee member given at least twenty-four (24) hours prior to the meeting in accordance with the Ralph M. Brown Act.

(D) Meetings shall be held at announced times and places and shall be open to the public in compliance with the Ralph M. Brown Act.

(E) A majority of the Committee members shall constitute a quorum for the transaction of business, and a majority vote of a quorum shall be required to pass a motion or other enactment, but a lesser number may adjourn from time to time to a day certain.

2.28.050 Staffing. The Town Manager may appoint appropriate staff and provide such compensation for their services as may be authorized by the Town Council and/or by the annual Town budget of expenditures to support the Equestrian Advisory Committee in the performance of its duties. Said staffing shall be provided in the discretion of the Town Manager, considering the issue being addressed by the Committee.

2.28.060 Compensation of Members. No direct compensation shall be paid to committee members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the discharge of their duties as members of the Equestrian Advisory Committee, as may be authorized by the Town Council.

2.28.070 Rules, Records and Number of Meetings. The Equestrian Advisory Committee shall adopt rules of proceedings for the transaction of its business and shall keep a public record of its resolutions, recommendations, transactions, findings, and determinations, and shall hold at least one regular meeting quarterly. Minutes of the Equestrian Advisory Committee meetings shall be filed with the Town Clerk.”

(Entire Section 2.28 Added per Ordinance 281, April 13, 2004)

Chapter 2.40

DISASTER COUNCIL

Sections:

2.40.010 Purposes.

2.40.020 Definition.

2.40.030 Disaster Council Membership.

2.40.040 Disaster Council Powers and Duties.

2.40.050 Director and Assistant Director of Emergency Services.

2.40.060 Powers and Duties of the Director and Assistant Director of Emergency Services.

2.40.070 Emergency Organization.

2.40.080 Emergency Plan.

2.40.090 Expenditures.

2.40.100 Punishment of Violations.

2.40.010 Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this town in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this Town with all other public agencies, corporations, organizations, and affected private persons.

2.40.020 Definition. As used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this town caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this Town, requiring the combined forces of other political subdivision to combat.

2.40.030 Disaster Council Membership. The Town of Apple Valley Disaster Council is hereby created and shall consist of the following:

A. The Mayor, who shall be Chairman.

B. The Director of Emergency Services, who shall be Vice Chairman.

C. The Assistant Director of Emergency Services.

D. Such Chiefs of Emergency Services as are provided for in a current emergency plan of this Town, adopted pursuant to this ordinance.

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the Town Council.

2.40.040 Disaster Council Powers and Duties. It shall be the duty of the Town of Apple Valley Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the Town Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman or, in his absence from the Town or inability to call such meeting, upon call of the Vice Chairman.

2.40.050 Director and Assistant Director of Emergency Services.

A. There is hereby created the Office of Director of Emergency Services. The Town Manager shall be the Director of Emergency Services.

B. There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director.

2.40.060 Powers and Duties of the Director and Assistant Director of Emergency Services.

A. The director is hereby empowered to:

(1) Request the Town Council to proclaim the existence or threatened existence of a "local emergency" if the Town Council is in session, or to issue such proclamation if the Town Council is not in session. Whenever a local emergency is proclaimed by the Director, the Town Council shall take action to ratify the proclamation within 7 days thereafter or the proclamation shall have no further force or effect.

(2) Request the Governor to proclaim a "State of Emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.

(3) Control and direct the effort of the emergency organization of this Town for the accomplishment of the purposes of this ordinance.

(4) Direct cooperation between and coordination of services and staff of the emergency organization of this Town; and resolve questions of authority and responsibility that may arise between them.

(5) Represent this Town in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "State of Emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "State of War Emergency", the Director is hereby empowered:

(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the Town Council;

(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the town for the fair value thereof and, if required immediately, to commandeer the same for public use;

(c) To require emergency services of any Town officer or employee and, in the event of the proclamation of a "State of Emergency," in the County in which this Town is located or the existence of a “State of War Emergency”, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(d) To requisition necessary personnel or material of any Town department or agency; and

(e) To execute all of his ordinary power as Town Manager, all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the Town Council, all powers conferred upon him by any statute, by any agreement approved by the Town Council, and by any other lawful authority.

B. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the Town Council.

C. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this Town; and shall have such other powers and duties as may be assigned by the Director.

2.40.070 Emergency organization. All officers and employees of this Town, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of SECTION 2.40.060 A. (6) (c) of this ordinance, be charged with duties incident to the protection of life and property in this Town during such emergency, shall constitute the emergency organization of the Town of Apple Valley.

2.40.080 Emergency Plan. The Town of Apple Valley Disaster Council shall be responsible for the development of the Town of Apple Valley Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this town, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the Town Council.

2.40.090 Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the Town of Apple Valley.

2.40.100 Punishment of Violations. It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:

A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this town, or to prevent, hinder, or delay the defense or protection thereof.

C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. (Section 2.40 Amended per Ordinance 224 6-13-00)

Chapter 2.44

PEACE OFFICER TRAINING STANDARDS

Sections:

2.44.010 Declaration of intent.

2.44.020 Adherence to State standards.

2.44.010 Declaration of intent. The Town declares that it desires to qualify to receive aid from the State under the provisions of Chapter 1, Title 4, Part 4, of the California Penal Code.

2.44.020 Adherence to State standards. Pursuant to Section 13522 of the Chapter 1 referred to in Section 2.44.010, the Town while receiving aid from the State pursuant to the said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission of Peace Officer Standards and Training.

(Ord. 3, 11-28-88; Entire Chapter 2.40 amended per Ord. #36, 10-31-89).

Chapter 2.50

ADMINISTRATIVE MANDAMUS: STATUTE OF LIMITATIONS

Sections:

2.50.010 Administrative decisions--Judicial review: Time Limits.

2.50.020 Decisions affected.

2.50.010 Administrative decisions--Judicial review: Time limits. The provisions of Section 1094.6 of the Code of Civil Procedure of the State are hereby adopted by the Town Council, and said provisions are hereby made applicable in the Town as further specified in Section 2.50.020 of this Chapter.

2.50.020 Decisions affected. The provisions of this Chapter shall be applicable to "decisions", as defined by Section 1094.6 of the Code of Civil Procedure of the State, that are final on and after November 28, 1988. (Ord. 3, 11-28-88)

Chapter 2.55

HOLIDAYS OBSERVED BY THE TOWN

Section:

2.55.010 Holidays observed by the Town.

2.55.010 Holidays observed by the Town. Excluding those offices which must remain open for the continuation of essential public services such as police and fire protection, the public offices of the Town shall be closed on Saturdays, Sundays, and alternating Fridays, and on those holidays designated by resolution or ordi­nance of the Town Council.

Notwithstanding the foregoing provisions of this Section, the Town Manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the Town shall remain open for business, on a full or reduced staff basis, on any of the days or holidays prescribed above, when he determines it to be necessary in the public interest to do so. (Ord. 3, 11-28-88) (Ordinance 245 10-9-2001)

Chapter 2.60

PERSONNEL

Sections:

2.60.010 Statement of Purpose

2.60.020 Personnel Officer

2.60.030 Exceptions

2.60.040 Adoption and Amendment of Rules

2.60.050 Appointments

2.60.060 Probationary Period

2.60.010 Statement of Purpose and Authority. The purpose of this chapter is to establish a system for the employment of personnel for the Town of Apple Valley.

2.60.020 Personnel Officer. The Town Manager shall be the personnel officer within the scope of his powers and duties as defined in this title. The personnel officer may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the Town or may recommend that such powers and duties be performed under contract. The personnel officer shall:

(a) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Town Council;

(b) Prepare and recommend to the Town Council personnel rules and revisions and amendments to such rules;

(c) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the Town Council. (Section 2.60.020 Amended per Ordinance 224 6-13-00)

2.60.030 Exceptions. The provisions of this chapter shall apply to all offices, positions and employments in the service of the Town, except:

(a) The Town Manager;

(b) Elective officer;

(c) Members of appointive boards;

(d) Persons engaged under contract to supply expert, professional, technical or any other services;

(e) Volunteer personnel, such as police reserves;

(f) Town Attorney;

(g) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;

(h) Employees, other than those listed elsewhere in this section, who are not regularly employed.

(i). Assistant Town Managers, the Town Clerk and Department Heads.

(i) Persons appointed or promoted to Assistant Town Manager, Town Clerk and Department Head positions by the Town Manager on or after the effective date of this Ordinance shall serve at the will and pleasure of the Town Manager and may be terminated from Town employment by the Town Manager without proof of cause or other justification and without right of appeal or hearing.

(ii) Department Heads appointed or promoted to their Department Head positions prior to the effective date of this Ordinance shall have the right to be terminated only under the provisions of this municipal code as it existed at the time of their appointment or promotion to the position, unless they modify the terms of their employment pursuant to a contract as described below.

(iii) The Town Manager is empowered to negotiate and enter into contracts on behalf of the Town with Assistant Town Managers, Town Clerk and Department Heads establishing terms and conditions of employment and the separation therefrom. Said employment contracts shall take precedence over and supersede any otherwise applicable ordinance, resolution, rule or regulation, previous or current including, but not limited to, this Subsection 2.60.030.

(iv) Nothing in this Subsection shall be deemed to give the Town Manager the right to appoint or remove the Town Treasurer or the Town Attorney.

2.60.040 Adoption and Amendment of Rules. Personnel rules and regulations may be adopted by the Town Council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules.

2.60.050 Appointments. Appointments to vacant positions shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness. Examinations may be used and conducted to aid in the selection of qualified employees and may consist of achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological test designed to measure job related abilities may be given as part of any examination.

In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

2.60.060 Probationary Period. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employment may be rejected at any time, whether with or without cause, without the right of appeal or hearing.

(Entire Chapter 2.60 amended, Ord. 87, 7-9-91; Subsection i added per Ordinance 387 adopted September 23, 2008; amended per Ordinance 448 dated June 25, 2013)

2.60.70 Compensation of all Town Employees. The Town Manager or the Town Manager's designee shall conduct a total compensation survey every odd numbered year of all positions within the Town of Apple Valley Employee Classification Plan to determine the estimated average total compensation as of July 1 of the second year for every two years in which comparisons are made for corresponding positions within public and private markets which most appropriately compare with the Town’s positions. The compensation survey shall allow for comparisons to be determined by an independent salary/compensation consultant. The comparisons will be incorporated into the proposed annual budget every two fiscal years and considered for adoption by the Town Council. Total compensation includes, but is not limited to, salary, retirement, health, dental and vision insurance, educational incentives, longevity pay, shift differential, paid leave, and other skill or incentive pay. Any increase in total compensation resulting from this section shall be implemented as part of the proposed fiscal year budget process. In determining compensation, it is the policy of the Town to consider total compensation for corresponding positions, including annual cost of living adjustments, as well as other factors including internal comparisons.

(Added Section 2.60.070 per Ordinance 225 dated 7-11-00; amended per Ord. 382 dated 5-27-08; amended per Ordinance 391 dated 12-9-08).

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